International Legal Framework Regarding Human Trafficking
Keywords:
human trafficking, organized crime, cooperation, International Convention, international organizationAbstract
International failures in this field have several causes. Thus, many states have preferred to include the crime of human trafficking in their own criminal codes, without considering it necessary to regulate it through a special law. That could favor the legislation of all aspects of the crime itself, of those related to it, of the particular aspects of a procedural nature, including those regarding international cooperation in the matter. Another cause could be that of criminalizing only human trafficking for the purpose of prostitution, without taking into account the other forms. In addition, most of the laws of the world's states did not apply a special treatment to the victims of human trafficking, offering them the necessary protection and assistance, but on the contrary, the victims were accused of prostitution, of illegal border crossing, of falsifying travel documents, being expelled and repatriated in their country of origin.
References
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*** (1932). The ILO Convention on the Combating of Forced or Compulsory Labor was adopted on 28.09.1930 and entered into force on 1.05.1932, also known as ILO Convention no. 29 (39 UNTS 55).
*** (1949). UN Convention on the Suppression of Traffic in Persons and of the Exploitation of Persons in Prostitution. http://www.unhchr.ch/html/menu3/b/33.htm, visited on 20.01.20
*** (1954). The UN Convention Relating to the Status of Refugees was adopted on 28/07/1951 and entered into force on 22/04/1954, 189 UNTS 150.
*** (1959). The ILO Convention on the Prohibition of Forced Labor was adopted on 25.06.1957 and entered into force on 17.01.1959, being also known as ILO Convention no. 105 (320 UNTS 291).
*** (1967). The protocol regarding the status of refugees was adopted on 31.01. 1967 and came into force on 4.10. 1967, 606 U.S.C. 267.
*** (2000). Article 3 lit. a, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women or Children, Additional to the United Nations Convention against Transfrontier Organized Crime, A/RES/55/25, New York, 15 November, at http://www .onuinfo.ro/documente_fundamentale/instrumente_internationale/conventia_impotriva_crimei_organizate_protocol_trafic_persoone/. , visited on 20.01.20.
*** (2004). UNODC, Legislative Guide for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, no. 89, New York, pp. 10-11
*** (2004). UNODC, Legislative Guide for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto, no. 89, New York, pp. 259. http://www.unodc.org/pdf/crime/legislative_guides/03%20Legislative%20guide_Trafficking%20in%20Persons%20Protocol.pdf.
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Copyright (c) 2022 Artur Airapetean, Andreea Corsei
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