File #2781: "2019_Book_ProtectingVictimsOfHumanTraffi.pdf"
Text
1|Contents|7
1|Abbreviations|12
1|1 Introduction|14
2|How Trafficked Persons Commit Crimes|16
2|Aims of the Book Through the Prism of Multiple Looking Glasses|18
2|Terminology|23
2|References|25
1|2 Human Trafficking|27
2|Introduction|27
2|What Is Human Trafficking: The Legal Definitions|28
2|Breaking Down the Definition|32
3|Framing of the Definition|32
3|Action Element of the Definition|35
3|Means Element of the Definition|36
3|Exploitation Element of the Definition|39
3|Exploitation Is Not a Crime in the Context of Directive 2011/36 on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims|45
2|A Few Words on the Context of Human Trafficking|47
2|Conclusion|50
2|References|52
1|3 Rationale for the Non-liability Principle|56
2|Introduction|56
2|Who Is a Victim of Human Trafficking: The Legal Definition|57
2|Examples of Trafficked Victims Held Liable|61
2|Criminal Law Theory|64
2|Human Rights Law and the Non-liability Principle|70
3|Human Rights Law and the Non-liability Principle: Dignity|71
3|Human Rights Law and the Non-liability Principle: Human Rights Instruments|72
3|Human Rights Law and the Non-liability Principle: Case Law|75
3|Human Rights Law and the Non-liability Principle: Final Points|79
2|Need to Fight Human Trafficking|81
3|Are We Impending the Rights of the Accused Traffickers?|82
2|Conclusion|83
2|References|85
1|4 Non-liability in European and International Law|90
2|Introduction|90
2|Article 26 of the 2005 Council of Europe Convention|91
3|Article 26 of the 2005 Council of Europe Convention and Its Drafting|91
3|The Content of Article 26 of the 2005 Council of Europe Convention|95
2|Article 8 of the 2011 EU Directive on Human Trafficking|95
2|Non-liability in International Law|97
2|Relation to Similar Provisions|102
2|Defences for Other Special Category Victims|104
3|Comparison with Persons in Abusive Relationships|104
3|Child Soldiers|107
2|Conclusion|109
2|References|110
1|5 Dissecting Article 26 of the 2005 Council of Europe Convention|112
2|Introduction|112
2|First Component of Article 26: “Each Party Shall, in Accordance with the Basic Principles of Their Legal System…”|114
2|Second Component of Article 26: “Provide for the Possibility…”|118
2|Third Component of Article 26: “Of Not Imposing Penalties”|119
2|Fourth Component of Article 26: “On Victims…”|122
2|Fifth Component of Article 26: “…for Their Involvement in Unlawful Activities, to the Extent That They Have Been Compelled to Do So”|124
2|Missing Element: Children|127
2|Conclusion|128
2|References|129
1|6 Dissecting Article 8 of the 2011 EU Human Trafficking Directive|132
2|Introduction|132
2|First Component of Article 8: “In Accordance with the Basic Principles of Their Legal System”|133
2|Second Component of Article 8: “Take Necessary Measures to Ensure Competent National Authorities Are Entitled Not to…Prosecute or Impose Penalties”|135
2|Third Component of Article 8: “Prosecute or Impose Penalties…for Their Involvement in Criminal Activities”|137
2|Fourth Component of Article 8: “On Victims of Trafficking in Human Beings”|139
2|Fifth Component of Article 8: “For Their Involvement in Criminal Activities Which They Have Been Compelled to Commit as a Direct Consequence of Being Subjected to Any of the Acts Referred to in Article 2”|141
2|Conclusion|148
2|References|153
1|7 How States Have Implemented the Non-liability Provision|155
2|Introduction|155
2|The Use of Guidance Directed at Relevant Authorities|156
2|A Specific Non-liability Provision|160
2|The Use of Existing Legislation|166
3|The Use of Existing Legislation: Necessity|166
3|The Use of Existing Legislation: Duress|170
2|Conclusion|174
2|References|176
1|8 What Thwarts the Use of the Non-liability Provision?|179
2|Introduction|179
2|Ideal Victim Theory|180
3|Ideal Victim Theory: First Characteristic|181
3|Ideal Victim Theory: Second Characteristic|184
3|Ideal Victim Theory: Third Characteristic|185
3|Ideal Victim Theory: Fourth Characteristic|186
3|Ideal Victim Theory: Fifth Characteristic|187
2|How Do Perceptions About a Trafficked Person Impact the Application of the Non-liability Principle|189
2|Victim’s Perceptions: The Other Barriers for Using the Non-liability Provision|191
2|Modern Slavery Can Harm Victims|192
2|Distinguishing Between Victim and Perpetrator: How Do We Move Beyond the Binary Perceptions of Victim Versus the Criminal?|196
2|Take into Account Advice from Civil Societies|200
2|Conclusion|201
2|References|203
1|9 An Alternative Provision|207
2|Introduction|207
2|What Happened to the Protection?|212
2|What Can Be Done to Improve the Law?|213
2|References|216
1|Index|218
1|Abbreviations|12
1|1 Introduction|14
2|How Trafficked Persons Commit Crimes|16
2|Aims of the Book Through the Prism of Multiple Looking Glasses|18
2|Terminology|23
2|References|25
1|2 Human Trafficking|27
2|Introduction|27
2|What Is Human Trafficking: The Legal Definitions|28
2|Breaking Down the Definition|32
3|Framing of the Definition|32
3|Action Element of the Definition|35
3|Means Element of the Definition|36
3|Exploitation Element of the Definition|39
3|Exploitation Is Not a Crime in the Context of Directive 2011/36 on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims|45
2|A Few Words on the Context of Human Trafficking|47
2|Conclusion|50
2|References|52
1|3 Rationale for the Non-liability Principle|56
2|Introduction|56
2|Who Is a Victim of Human Trafficking: The Legal Definition|57
2|Examples of Trafficked Victims Held Liable|61
2|Criminal Law Theory|64
2|Human Rights Law and the Non-liability Principle|70
3|Human Rights Law and the Non-liability Principle: Dignity|71
3|Human Rights Law and the Non-liability Principle: Human Rights Instruments|72
3|Human Rights Law and the Non-liability Principle: Case Law|75
3|Human Rights Law and the Non-liability Principle: Final Points|79
2|Need to Fight Human Trafficking|81
3|Are We Impending the Rights of the Accused Traffickers?|82
2|Conclusion|83
2|References|85
1|4 Non-liability in European and International Law|90
2|Introduction|90
2|Article 26 of the 2005 Council of Europe Convention|91
3|Article 26 of the 2005 Council of Europe Convention and Its Drafting|91
3|The Content of Article 26 of the 2005 Council of Europe Convention|95
2|Article 8 of the 2011 EU Directive on Human Trafficking|95
2|Non-liability in International Law|97
2|Relation to Similar Provisions|102
2|Defences for Other Special Category Victims|104
3|Comparison with Persons in Abusive Relationships|104
3|Child Soldiers|107
2|Conclusion|109
2|References|110
1|5 Dissecting Article 26 of the 2005 Council of Europe Convention|112
2|Introduction|112
2|First Component of Article 26: “Each Party Shall, in Accordance with the Basic Principles of Their Legal System…”|114
2|Second Component of Article 26: “Provide for the Possibility…”|118
2|Third Component of Article 26: “Of Not Imposing Penalties”|119
2|Fourth Component of Article 26: “On Victims…”|122
2|Fifth Component of Article 26: “…for Their Involvement in Unlawful Activities, to the Extent That They Have Been Compelled to Do So”|124
2|Missing Element: Children|127
2|Conclusion|128
2|References|129
1|6 Dissecting Article 8 of the 2011 EU Human Trafficking Directive|132
2|Introduction|132
2|First Component of Article 8: “In Accordance with the Basic Principles of Their Legal System”|133
2|Second Component of Article 8: “Take Necessary Measures to Ensure Competent National Authorities Are Entitled Not to…Prosecute or Impose Penalties”|135
2|Third Component of Article 8: “Prosecute or Impose Penalties…for Their Involvement in Criminal Activities”|137
2|Fourth Component of Article 8: “On Victims of Trafficking in Human Beings”|139
2|Fifth Component of Article 8: “For Their Involvement in Criminal Activities Which They Have Been Compelled to Commit as a Direct Consequence of Being Subjected to Any of the Acts Referred to in Article 2”|141
2|Conclusion|148
2|References|153
1|7 How States Have Implemented the Non-liability Provision|155
2|Introduction|155
2|The Use of Guidance Directed at Relevant Authorities|156
2|A Specific Non-liability Provision|160
2|The Use of Existing Legislation|166
3|The Use of Existing Legislation: Necessity|166
3|The Use of Existing Legislation: Duress|170
2|Conclusion|174
2|References|176
1|8 What Thwarts the Use of the Non-liability Provision?|179
2|Introduction|179
2|Ideal Victim Theory|180
3|Ideal Victim Theory: First Characteristic|181
3|Ideal Victim Theory: Second Characteristic|184
3|Ideal Victim Theory: Third Characteristic|185
3|Ideal Victim Theory: Fourth Characteristic|186
3|Ideal Victim Theory: Fifth Characteristic|187
2|How Do Perceptions About a Trafficked Person Impact the Application of the Non-liability Principle|189
2|Victim’s Perceptions: The Other Barriers for Using the Non-liability Provision|191
2|Modern Slavery Can Harm Victims|192
2|Distinguishing Between Victim and Perpetrator: How Do We Move Beyond the Binary Perceptions of Victim Versus the Criminal?|196
2|Take into Account Advice from Civil Societies|200
2|Conclusion|201
2|References|203
1|9 An Alternative Provision|207
2|Introduction|207
2|What Happened to the Protection?|212
2|What Can Be Done to Improve the Law?|213
2|References|216
1|Index|218