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Human Trafficking and Slavery Reconsidered. Conceptual Limits and States' Positive Obligations.

Stoyanova, Vladislava LU (2015)
Abstract
The support for the fight against ‘human trafficking’ has evolved rapidly and comprehensively. There has been, however, no overarching critical evaluation of the efforts to make ‘human trafficking’ a focus of international law. The study addresses this gap and questions the usefulness of the international law definition of human trafficking and the legal framework built around this definition. It shows how by moving to the concept of human trafficking, the international community side-lined the older and more established human rights law concepts of slavery, servitude and forced labour, a development urgently requiring rectification.

I propose two steps to reverse these negative developments. The first is to address the... (More)
The support for the fight against ‘human trafficking’ has evolved rapidly and comprehensively. There has been, however, no overarching critical evaluation of the efforts to make ‘human trafficking’ a focus of international law. The study addresses this gap and questions the usefulness of the international law definition of human trafficking and the legal framework built around this definition. It shows how by moving to the concept of human trafficking, the international community side-lined the older and more established human rights law concepts of slavery, servitude and forced labour, a development urgently requiring rectification.

I propose two steps to reverse these negative developments. The first is to address the terminological confusion and the definitional indeterminacy that surround the concepts of human trafficking, slavery, servitude and forced labour in international law. In relation to this, the study shows that the concept of human trafficking is ineffective. Thus the study seeks to place renewed emphasis on the human rights law concepts of slavery, servitude or forced labour and to determine their definitional scopes. The second step implies clearer understanding of states’ positive human rights obligations flowing from the human trafficking and the human rights legal frameworks. In this regard, the study demonstrates the values and the limitations of both frameworks, while at the same time maintaining that the way forward is to work within the human rights system.

These objectives are addressed from the perspective of European law with focus on the Council of Europe Convention on Action against Human Trafficking and Article 4 of the European Convention on Human Rights. The relevant EU law is also considered. (Less)
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author
supervisor
opponent
  • Professor Costello, Cathryn, Oxford University
organization
publishing date
type
Thesis
publication status
published
subject
keywords
servitude, slavery, human trafficking, forced labour, Council of Europe Convention on Action against Human Trafficking, European Convention on Human Rights, positive obligations
pages
663 pages
defense location
Pufendorfsalen
defense date
2015-04-20 10:15
language
English
LU publication?
yes
id
72c65f51-b86e-4805-ae8a-7f7369a49ba2 (old id 5150229)
date added to LUP
2015-03-06 14:18:07
date last changed
2016-09-19 08:45:15
@phdthesis{72c65f51-b86e-4805-ae8a-7f7369a49ba2,
  abstract     = {The support for the fight against ‘human trafficking’ has evolved rapidly and comprehensively. There has been, however, no overarching critical evaluation of the efforts to make ‘human trafficking’ a focus of international law. The study addresses this gap and questions the usefulness of the international law definition of human trafficking and the legal framework built around this definition. It shows how by moving to the concept of human trafficking, the international community side-lined the older and more established human rights law concepts of slavery, servitude and forced labour, a development urgently requiring rectification.<br/><br>
I propose two steps to reverse these negative developments. The first is to address the terminological confusion and the definitional indeterminacy that surround the concepts of human trafficking, slavery, servitude and forced labour in international law. In relation to this, the study shows that the concept of human trafficking is ineffective. Thus the study seeks to place renewed emphasis on the human rights law concepts of slavery, servitude or forced labour and to determine their definitional scopes. The second step implies clearer understanding of states’ positive human rights obligations flowing from the human trafficking and the human rights legal frameworks. In this regard, the study demonstrates the values and the limitations of both frameworks, while at the same time maintaining that the way forward is to work within the human rights system. <br/><br>
These objectives are addressed from the perspective of European law with focus on the Council of Europe Convention on Action against Human Trafficking and Article 4 of the European Convention on Human Rights. The relevant EU law is also considered.},
  author       = {Stoyanova, Vladislava},
  keyword      = {servitude,slavery,human trafficking,forced labour,Council of Europe Convention on Action against Human Trafficking,European Convention on Human Rights,positive obligations},
  language     = {eng},
  pages        = {663},
  school       = {Lund University},
  title        = {Human Trafficking and Slavery Reconsidered. Conceptual Limits and States' Positive Obligations.},
  year         = {2015},
}