HUMAN TRAFFICKING AND INTERNATIONAL LEGAL RESPONSES: THE CASE OF COMBATING HUMAN AND WOMEN TRAFFICKING

Abstract

Over the last two decades, the United Nations and various non-governmental organizations (NGOs) have increased their efforts to combat human trafficking and women trafficking for sex around the world through international legal frameworks and conventions along with implementing mechanisms. These steps are aimed at limiting the potential victims’ vulnerability to trafficking, providing adequate help and protection for victims, and ensuring the speedy trials of the traffickers (and other important, behind-the-scene players), all while preserving the fundamental human rights of all. Given that the prohibition of slavery and human trafficking is a jus-cogens principle, states are obligated to act with reasonable diligence to prevent human trafficking, investigate and prosecute traffickers, and help and protect the trafficked individuals. Governments often tackle trafficking from the standpoint of law enforcement or criminal control (as opposed to victims’ protection and/or human rights perspective). Typically, they are preoccupied with border security, preventing unwelcome migration, combating organized crime, and lately, terrorism. This article argues that any attempts to combat trafficking are unlikely to be successful if the emphasis is on criminal prevention rather than on victim protection and rights, as demonstrated in the following pages.

Key Words:    Human Trafficking, Women Trafficking, Human Rights Approach, Sexual Exploitation.