Pursuing justice - Human rights norms and their protection of victims of trafficking
(2007)Department of Law
- Abstract
- During the 20th century, international law has developed towards individualization. Global human rights norms are paired with increased consideration for victims of violations. Simultaneously, trafficking in humans has become a major activity of organized crime, currently one of the most serious human rights issues in Europe. In the light of this, this thesis will examine how the right to be free from slavery and the right not to be trafficked protect victims of trafficking and how efficiently they are implemented into Swedish law. The prohibition of slavery has attained the status of an ius cogens norm and can be found in all major human right treaties, but it remains unclear whether or not the definition of slavery is broad enough to... (More)
- During the 20th century, international law has developed towards individualization. Global human rights norms are paired with increased consideration for victims of violations. Simultaneously, trafficking in humans has become a major activity of organized crime, currently one of the most serious human rights issues in Europe. In the light of this, this thesis will examine how the right to be free from slavery and the right not to be trafficked protect victims of trafficking and how efficiently they are implemented into Swedish law. The prohibition of slavery has attained the status of an ius cogens norm and can be found in all major human right treaties, but it remains unclear whether or not the definition of slavery is broad enough to encompass trafficking. Additionally, trafficking is routinely maneuvered by private individuals and consequently, if trying to pursue justice, the victim must show that a state has failed in its positive obligations to ensure the asserted human right within its territory. The scope of this duty is however undefined. If a victim of trafficking alleges that his or her right to be free from slavery has been violated, the ECHR can be invoked in Swedish courts to obtain compensation. ECtHR' jurisprudence shows that this also applies to breaches of positive obligations. Sweden endeavors to comply with its positive duties through preventive work, as well as through legislation. A successful claimant must therefore prove that these measures are inefficient or inadequate. The community of States unanimously condemns trafficking in humans, and recently, agreed on a definition, enshrined in the UN Protocol. Through this treaty, trafficking is criminalized at the national level, and victims' interests are enshrined in several articles. However, out of concern for under-developed countries, only one of the articles aiming at protecting victims has an absolute character, namely the obligation to create a possibility for victims to obtain compensation. Prior to ratifying the UN Protocol, Sweden criminalized trafficking based on the new definition. No adjustments were however deemed necessary to comply with the articles providing assistant and support to victims, since they were seen as non-absolute. Consequently, no national co ordination of assistance and support to victims exists, but varies with the geographical location and the local officials' commitment. Problems have arisen with the application of the law against trafficking, which often leads to convictions for procuring. Since procuring is a crime against the state, an already messy process to obtain compensation becomes even more difficult. The legislation is currently reviewed. To conclude&semic it is clear that international law has developed towards individualization and stronger protection for victims of violations throughout the last century. Despite this, a victim of trafficking faces many obstacles if pursuing justice. The prohibition of slavery is complicated to apply on trafficking&semic not taking is special nature into consideration. The new UN Protocol provides a more sophisticated definition of trafficking, but lacks international surveillance reviewing its implementation and interpretation by State parties. These complications shall be read in the light of the vulnerable position of a victim of trafficking&semic exposed for human rights violations, lacking language skills and often poor, young and badly educated. Several recommendations can be made. First, trafficking in humans is evidently an international problem, requiring that every system attempting to combat trafficking must have a global character. Secondly, in order to make any such co operation efficient, the protection of victims must become stronger. Victims' rights are not only an end in itself, but a mean to strengthen them in their potential to assist the police during investigations and in their role as witnesses. Ultimately, the level of support for victims may affect the effectiveness of the law against trafficking. This can only be achieved if authorities fully understand the complex phenomena of trafficking. Finally, trafficking can only be efficiently suppressed if local authorities are educated to fully understand its complex nature. A solution for many of the contemporary problems would be the creation of an international monitoring body. International surveillance would be able to handle structural problems with the organisation of protection as well as inadequate applications of criminal laws. A monitoring body would also mitigate the individual victims' responsibility and thus facilitate their quest for justice. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1560949
- author
- Olsson, Emilie
- supervisor
- organization
- year
- 2007
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt
- language
- English
- id
- 1560949
- date added to LUP
- 2010-03-08 15:55:27
- date last changed
- 2010-03-08 15:55:27
@misc{1560949,
abstract = {{During the 20th century, international law has developed towards individualization. Global human rights norms are paired with increased consideration for victims of violations. Simultaneously, trafficking in humans has become a major activity of organized crime, currently one of the most serious human rights issues in Europe. In the light of this, this thesis will examine how the right to be free from slavery and the right not to be trafficked protect victims of trafficking and how efficiently they are implemented into Swedish law. The prohibition of slavery has attained the status of an ius cogens norm and can be found in all major human right treaties, but it remains unclear whether or not the definition of slavery is broad enough to encompass trafficking. Additionally, trafficking is routinely maneuvered by private individuals and consequently, if trying to pursue justice, the victim must show that a state has failed in its positive obligations to ensure the asserted human right within its territory. The scope of this duty is however undefined. If a victim of trafficking alleges that his or her right to be free from slavery has been violated, the ECHR can be invoked in Swedish courts to obtain compensation. ECtHR' jurisprudence shows that this also applies to breaches of positive obligations. Sweden endeavors to comply with its positive duties through preventive work, as well as through legislation. A successful claimant must therefore prove that these measures are inefficient or inadequate. The community of States unanimously condemns trafficking in humans, and recently, agreed on a definition, enshrined in the UN Protocol. Through this treaty, trafficking is criminalized at the national level, and victims' interests are enshrined in several articles. However, out of concern for under-developed countries, only one of the articles aiming at protecting victims has an absolute character, namely the obligation to create a possibility for victims to obtain compensation. Prior to ratifying the UN Protocol, Sweden criminalized trafficking based on the new definition. No adjustments were however deemed necessary to comply with the articles providing assistant and support to victims, since they were seen as non-absolute. Consequently, no national co ordination of assistance and support to victims exists, but varies with the geographical location and the local officials' commitment. Problems have arisen with the application of the law against trafficking, which often leads to convictions for procuring. Since procuring is a crime against the state, an already messy process to obtain compensation becomes even more difficult. The legislation is currently reviewed. To conclude&semic it is clear that international law has developed towards individualization and stronger protection for victims of violations throughout the last century. Despite this, a victim of trafficking faces many obstacles if pursuing justice. The prohibition of slavery is complicated to apply on trafficking&semic not taking is special nature into consideration. The new UN Protocol provides a more sophisticated definition of trafficking, but lacks international surveillance reviewing its implementation and interpretation by State parties. These complications shall be read in the light of the vulnerable position of a victim of trafficking&semic exposed for human rights violations, lacking language skills and often poor, young and badly educated. Several recommendations can be made. First, trafficking in humans is evidently an international problem, requiring that every system attempting to combat trafficking must have a global character. Secondly, in order to make any such co operation efficient, the protection of victims must become stronger. Victims' rights are not only an end in itself, but a mean to strengthen them in their potential to assist the police during investigations and in their role as witnesses. Ultimately, the level of support for victims may affect the effectiveness of the law against trafficking. This can only be achieved if authorities fully understand the complex phenomena of trafficking. Finally, trafficking can only be efficiently suppressed if local authorities are educated to fully understand its complex nature. A solution for many of the contemporary problems would be the creation of an international monitoring body. International surveillance would be able to handle structural problems with the organisation of protection as well as inadequate applications of criminal laws. A monitoring body would also mitigate the individual victims' responsibility and thus facilitate their quest for justice.}},
author = {{Olsson, Emilie}},
language = {{eng}},
note = {{Student Paper}},
title = {{Pursuing justice - Human rights norms and their protection of victims of trafficking}},
year = {{2007}},
}