The crisis of a definition: Human trafficking in Bulgarian law
(2013) In Amsterdam Law Forum 5(1). p.64-79- Abstract
- This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such have not been criminalised at a domestic level has remained ignored. Thus, abuses that... (More)
- This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such have not been criminalised at a domestic level has remained ignored. Thus, abuses that constitute slavery, servitude and forced labour, but do not manifest elements of human trafficking, might be left without proper investigation and prosecution. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/3633670
- author
- Stoyanova, Vladislava LU
- organization
- publishing date
- 2013
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- slavery, forced labour, Bulgaria, human trafficking, servitude, public international law, Folkrätt
- in
- Amsterdam Law Forum
- volume
- 5
- issue
- 1
- pages
- 64 - 79
- publisher
- Vrije Universiteit Amsterdam * Faculty of Law
- ISSN
- 1876-8156
- language
- English
- LU publication?
- yes
- id
- b9bb4867-dd42-4ce1-94f5-fdd120bde446 (old id 3633670)
- date added to LUP
- 2016-04-01 12:59:13
- date last changed
- 2022-10-13 11:42:24
@article{b9bb4867-dd42-4ce1-94f5-fdd120bde446, abstract = {{This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such have not been criminalised at a domestic level has remained ignored. Thus, abuses that constitute slavery, servitude and forced labour, but do not manifest elements of human trafficking, might be left without proper investigation and prosecution.}}, author = {{Stoyanova, Vladislava}}, issn = {{1876-8156}}, keywords = {{slavery; forced labour; Bulgaria; human trafficking; servitude; public international law; Folkrätt}}, language = {{eng}}, number = {{1}}, pages = {{64--79}}, publisher = {{Vrije Universiteit Amsterdam * Faculty of Law}}, series = {{Amsterdam Law Forum}}, title = {{The crisis of a definition: Human trafficking in Bulgarian law}}, url = {{https://lup.lub.lu.se/search/files/3087951/3633671.pdf}}, volume = {{5}}, year = {{2013}}, }