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The crisis of a definition: Human trafficking in Bulgarian law

Stoyanova, Vladislava LU (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)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
slavery, forced labour, Bulgaria, human trafficking, servitude, public international law, Folkr├Ątt
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
2018-11-21 20:11:06
@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},
  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/ws/files/3087951/3633671.pdf},
  volume       = {5},
  year         = {2013},
}