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Mind the Gaps - A Legal Dogmatic Study on Service Provision for Returning Human Trafficking Victims in Vietnam

Tran, Connie LU (2013) MIDM71 20131
LUMID International Master programme in applied International Development and Management
Abstract
With a legal dogmatic method, the purpose of this thesis was to examine how Vietnam is fulfilling its legal obligations to support returning human trafficking victims. The Vietnamese human trafficking law was the main research object and was considered in relation to the international standards in support to returnees set in the Trafficking Protocol. It also aimed to identify shortcomings, and assess how they affect the returnees’ rights. In theory, there are no incoherencies, but shortcomings arise because of the effects of the interpretation and implementation of the laws. Cumulatively, they result in unequal access to services and rights they are entitled to by above laws. One underlying explanation to these shortcomings is the absence... (More)
With a legal dogmatic method, the purpose of this thesis was to examine how Vietnam is fulfilling its legal obligations to support returning human trafficking victims. The Vietnamese human trafficking law was the main research object and was considered in relation to the international standards in support to returnees set in the Trafficking Protocol. It also aimed to identify shortcomings, and assess how they affect the returnees’ rights. In theory, there are no incoherencies, but shortcomings arise because of the effects of the interpretation and implementation of the laws. Cumulatively, they result in unequal access to services and rights they are entitled to by above laws. One underlying explanation to these shortcomings is the absence of the transformation from the teleology (supporting all returnees equally) to the desired normativity because of dominant gender norms and narrow perceptions of human trafficking. If Vietnam continues to pursue its development goals and wants to respect and protect the rights of returning human trafficking victims, it has to mind the gaps between theory and practice by addressing these norms and perceptions and overhaul the procedures. Only then is it more likely that Vietnam fulfils its legal obligations towards the national and international legal instruments. (Less)
Please use this url to cite or link to this publication:
author
Tran, Connie LU
supervisor
organization
course
MIDM71 20131
year
type
H2 - Master's Degree (Two Years)
subject
keywords
human trafficking, Trafficking Protocol, service provision, return process and legal dogmatic method.
language
English
id
3798517
date added to LUP
2013-06-27 11:15:41
date last changed
2013-06-27 11:15:41
@misc{3798517,
  abstract     = {With a legal dogmatic method, the purpose of this thesis was to examine how Vietnam is fulfilling its legal obligations to support returning human trafficking victims. The Vietnamese human trafficking law was the main research object and was considered in relation to the international standards in support to returnees set in the Trafficking Protocol. It also aimed to identify shortcomings, and assess how they affect the returnees’ rights. In theory, there are no incoherencies, but shortcomings arise because of the effects of the interpretation and implementation of the laws. Cumulatively, they result in unequal access to services and rights they are entitled to by above laws. One underlying explanation to these shortcomings is the absence of the transformation from the teleology (supporting all returnees equally) to the desired normativity because of dominant gender norms and narrow perceptions of human trafficking. If Vietnam continues to pursue its development goals and wants to respect and protect the rights of returning human trafficking victims, it has to mind the gaps between theory and practice by addressing these norms and perceptions and overhaul the procedures. Only then is it more likely that Vietnam fulfils its legal obligations towards the national and international legal instruments.},
  author       = {Tran, Connie},
  keyword      = {human trafficking,Trafficking Protocol,service provision,return process and legal dogmatic method.},
  language     = {eng},
  note         = {Student Paper},
  title        = {Mind the Gaps - A Legal Dogmatic Study on Service Provision for Returning Human Trafficking Victims in Vietnam},
  year         = {2013},
}