Full title in original language:
Incorporating the Five Basic Elements of a Model Anti- Trafficking in Persons Legislation in Domestic Laws : From the United Nations Protocol to the European Convention
Education level:
University University (18+ years)Topic / subtopic:
Trafficking in persons / smuggling of migrants Criminal justice response to trafficking in personsHuman rights and civic education Human rightsTarget audience:
Professors,
Students,
Teachers / Lecturers,
Policy makers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
open access
Individual authors:
Mohamed Y. Mattar
Publication year:
2006
Published by:
Tulane Journal of International and Comparative Law
Copyright holder:
© Tulane Journal of International and Comparative Law
Contact name and address:
Tulane Journal of International and Comparative Law
Contact website:
Key themes:
trafficking, human trafficking, trafficking in persons, legislaion, law, domestic law, european convention, united nations
Links:
Short description:
In this Article, the author argues that there are five basic elements that should be incorporated into any antitrafficking legislation. First, laws must recognize all forms of trafficking as specific crimes that are subject to serious sanctions. Second, these laws must identify the trafficked person as a victim of a crime who is entitled to basic human rights, while taking into consideration the victim, the derivative victim, the vulnerable victim, the potential victim, and the presumed victim. Third, countries should adopt a comprehensive Five P’s approach to combating trafficking in persons, including prevention, protection, provision, prosecution, and participation. Fourth, laws must target all actors in the trafficking enterprise, including the natural person, the legal person, the private person, and the public person. Finally, countries should acknowledge trafficking in persons as a transnational crime that warrants transnational policies, especially extraterritoriality, extradition, and the exchange of information.