Human Trafficking And Modern Slavery Law And Practice

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Human Trafficking and Modern Slavery Law and Practice

Author : Philippa Southwell,Michelle Brewer,Ben Douglas-Jones QC
Publisher : Bloomsbury Professional
Page : 504 pages
File Size : 44,5 Mb
Release : 2020-12-10
Category : Law
ISBN : 1526514788

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Human Trafficking and Modern Slavery Law and Practice by Philippa Southwell,Michelle Brewer,Ben Douglas-Jones QC Pdf

Law and practice involving modern slavery and human trafficking has been fast developing and has affected a wide range of topics informed by many different disciplines. The second edition provides an updated distillation of the law and issues relevant to practice surrounding human trafficking and modern slavery. It focusses on areas which have become of critical importance in practice such “county lines” offending, the modern slavery defence and compliance. The second edition is a manageable guide and introduction to this field, drawing on the expertise and experience of various professionals in different disciplines. Includes the following developments: - Reforms to the NRM - CPS guidance - Prosecutions under Modern Slavery Act 2015 - Important Court of Appeal (Criminal Division) judgments relating to the prosecution of victims of human trafficking, including practical guidance - Home Office guidance has been issued in relation to section 54 of the Modern Slavery Act 2015 regarding modern slavery compliance statements and corporate accountability - The recommendations of the 2019 review of the Modern Slavery Act 2015 Includes new chapters on: - International criminal court - ICC approach to forced criminality, modern slavery and child soldiers - Exploitation in conflict and terrorism. - Modern slavery compliance - section 54, human rights abuses - Child criminal exploitation/domestic trafficking

Human Trafficking and Modern Slavery

Author : Philippa Southwell,Michelle Brewer (Lawyer),Ben Douglas-Jones
Publisher : Unknown
Page : 352 pages
File Size : 55,6 Mb
Release : 2018
Category : Emigration and immigration law
ISBN : 1784519359

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Human Trafficking and Modern Slavery by Philippa Southwell,Michelle Brewer (Lawyer),Ben Douglas-Jones Pdf

"Human Trafficking and Modern Slavery Law and Practice is a concise, practical, guide to modern slavery and human trafficking law and procedure, in a step by step format, covering all aspects of representing victims of human trafficking and the law surrounding this. Its cross-discipline approach offers practical guidance for criminal and immigration practitioners unfamiliar with each side of these practice areas. Covers the following areas: Introduction - legal background, framework, domestic and international; Definition of a trafficking victim; Determination of status as a victim of trafficking; Criminal - non punishment etc; Criminal - victim protection etc; Immigration/International protection; Trafficking and the European Convention on Human Rights; Relevance of NRM decisions and interplay with the international protection/immigration claim/deportation etc. Covers the following legislation and case law: The Modern Slavery Act 2015 Palermo Protocol 2000 Refugee Convention on Human Rights 1951 A large number of cases involving victims of trafficking have gone through the appeal courts in recent years. Despite the Court of Appeal in those cases heavily criticising police, prosecutors and defence lawyers who failed to identify and act upon claims of trafficking, victims are still slipping through the net and being convicted when they should not be. All practitioners who work in the field of modern slavery and human trafficking will know there is a hybrid of legal issues for any one case and practitioners will need to be alive to all legal issues. This book aims to be a concise, manageable text for criminal and immigration practitioners alike and acts as a quick reference source for use by practitioners at court and at all stages through the justice and immigration system, as well as having appeal to the judiciary, students, academics and law enforcement agencies."--Bloomsbury Publishing.

Human Trafficking and Modern Slavery Law and Practice

Author : Philippa Southwell,Michelle Brewer (Lawyer),Ben Douglas-Jones
Publisher : Unknown
Page : 674 pages
File Size : 53,8 Mb
Release : 2020
Category : Human trafficking
ISBN : 1526514818

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Human Trafficking and Modern Slavery Law and Practice by Philippa Southwell,Michelle Brewer (Lawyer),Ben Douglas-Jones Pdf

"Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking DirectiveThis highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia"--

Caribbean Anti-Trafficking Law and Practice

Author : Jason Haynes
Publisher : Bloomsbury Publishing
Page : 456 pages
File Size : 51,9 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781509915576

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Caribbean Anti-Trafficking Law and Practice by Jason Haynes Pdf

This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

Human Trafficking and Modern Slavery Law and Practice

Author : Philippa Southwell,Michelle Brewer,Ben Douglas-Jones KC
Publisher : Bloomsbury Publishing
Page : 739 pages
File Size : 40,8 Mb
Release : 2020-11-11
Category : Law
ISBN : 9781526514806

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Human Trafficking and Modern Slavery Law and Practice by Philippa Southwell,Michelle Brewer,Ben Douglas-Jones KC Pdf

Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.

The Modern Slavery Agenda

Author : Craig, Gary,Balch, Alex
Publisher : Policy Press
Page : 280 pages
File Size : 52,9 Mb
Release : 2019-01-17
Category : Social Science
ISBN : 9781447346821

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The Modern Slavery Agenda by Craig, Gary,Balch, Alex Pdf

Modern slavery, in the form of labour exploitation, domestic servitude, sexual trafficking, child labour and cannabis farming, is still growing in the UK and industrialised countries, despite the introduction of laws to try to stem it. This hugely topical book, by a team of high-profile activists and expert writers, is the first to critically assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice. It argues that, contrary to its claims to be ‘world-leading’, the Modern Slavery Act is inconsistent, inadequate and punitive; and that the UK government, through its labour market and immigration policies, is actually creating the conditions for slavery to be promoted.

State Responsibility for ʻModern Slaveryʼ in Human Rights Law

Author : Marija Jovanovic
Publisher : Oxford University Press
Page : 241 pages
File Size : 44,5 Mb
Release : 2023-01-18
Category : Law
ISBN : 9780192692672

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State Responsibility for ʻModern Slaveryʼ in Human Rights Law by Marija Jovanovic Pdf

What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the ‘absolute’ nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Author : Prabha Kotiswaran
Publisher : Cambridge University Press
Page : 607 pages
File Size : 51,5 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107160545

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Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery by Prabha Kotiswaran Pdf

This edited volume examines contemporary global discourses on trafficking, forced labor and modern slavery from a variety of perspectives.

Modern Slavery

Author : Laura J. Lederer
Publisher : Bloomsbury Publishing USA
Page : 389 pages
File Size : 40,5 Mb
Release : 2018-02-08
Category : Social Science
ISBN : 9781440844997

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Modern Slavery by Laura J. Lederer Pdf

This book provides a sobering look at modern-day slavery—which includes sex trafficking, domestic servitude, and other forms of forced labor—and documents the development of the modern anti-slavery movement, from grassroots activism to the passage of anti-slavery laws. Slavery was formally abolished across most of the world by the end of the 19th century, but it continues to lurk in the shadows of the modern world. As with slavery of yesteryear, modern slavery hinges on the exploitation of vulnerable populations—and especially women and children. The result is the same as in bygone centuries, when slavery was practiced in the open: unimaginable misery for those exploited and financial gain for the exploiter. Modern Slavery: A Documentary and Reference Guide is an invaluable resource for students, researchers, academics, policymakers, community leaders, and others who want to learn about modern-day slavery. Covering forms of modern slavery that include sex trafficking, labor trafficking, and domestic servitude, the book provides a complete examination of the modern-day anti-slavery movement. Its coverage includes historical antecedents, the various and sometimes opposing schools of thought about how to combat modern slavery, and the legislative processes that united them and resulted in a groundbreaking approach to combating human trafficking. The book uses primary source material, including survivor stories, witness testimony, case law, and other materials to discuss the nature and scope of modern-day slavery, the grassroots movement to stop it, and U.S. leadership in the international arena. Examples of primary source material include the Trafficking Victims Protection Reauthorization Act (2005); remarks and statements from Presidents Bush, Clinton, and Obama on human trafficking and modern slavery; the United Nations' Office of Drugs and Crime report, A Global Report on Trafficking in Persons (2009); excerpts from the U.S. Department of State Trafficking in Persons Report, including harrowing victims stories from around the world (2013 and 2014); and excerpts from 2015 Senate hearings, including testimony from Holly Austin Smith, trafficking survivor, and from Malika Saada Saar, Human Rights Project for Girls.

What is Wrong with Human Trafficking?

Author : Rita Haverkamp,Ester Herlin-Karnell,Claes Lernestedt
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 43,7 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781509921539

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What is Wrong with Human Trafficking? by Rita Haverkamp,Ester Herlin-Karnell,Claes Lernestedt Pdf

The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.

Modern Slavery

Author : Dominika Borg Jansson
Publisher : Martinus Nijhoff Publishers
Page : 379 pages
File Size : 48,7 Mb
Release : 2014-10-28
Category : Political Science
ISBN : 9789004281073

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Modern Slavery by Dominika Borg Jansson Pdf

In Modern Slavery – A Comparative Study of the Definition of Trafficking in Persons Dominika Borg Jansson illustrates how national laws that have implemented the international definition of trafficking do not work as intended.

The Trafficking of Children

Author : Elizabeth A. Faulkner
Publisher : Springer Nature
Page : 372 pages
File Size : 44,6 Mb
Release : 2023-04-10
Category : Social Science
ISBN : 9783031235665

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The Trafficking of Children by Elizabeth A. Faulkner Pdf

The phenomenon of child trafficking holds a unique position as an issue of significant contemporary relevance, occupying a principal place in debates about human rights today. The interchangeable terms trafficking and modern slavery evoke emotive responses and proclamations about abolition of contemporary ills, viewed as the ultimate aberration when a child is involved. The classification of children under legal frameworks marks them as different, as ‘other’, and in the context of laws implemented to address trafficking, slavery, and children on the move more generally, this distinction is complicated. This book charts the emergence, decline and re-emergence of child trafficking law and policy during the twentieth and twenty-first centuries. It provides a systematic and comprehensive overview of the historical origins of child trafficking by utilising the wealth of information located within the non-digitised archives of the League of Nations. It focusses upon the Committee on the Traffic in Women and Children to engage with League of Nations policy to provide an insightful and original contribution to the current body of literature. This is a book that seeks to critique the entanglements of children’s rights and colonialism in relation to the mobility and exploitation of children. It centralises the legacy of colonialism, the undercurrents of race, white supremacy, patriarchy, and their ongoing influence upon contemporary anti-trafficking legal and policy responses. Through utilizing what the author identifies as the ‘anti-trafficking machine’ as a theoretical framework, the book challenges contemporary law and policy responses to child trafficking. This theoretical framework has been adopted to illustrate a central hypothesis of the book – that the contemporary anti-trafficking agenda is both imperialist and a continuity of colonial attitudes.

Sex Trafficking and Modern Slavery

Author : Marie Segrave,Sanja Milivojevic,Sharon Pickering
Publisher : Routledge
Page : 212 pages
File Size : 50,7 Mb
Release : 2017-09-13
Category : Social Science
ISBN : 9781134876006

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Sex Trafficking and Modern Slavery by Marie Segrave,Sanja Milivojevic,Sharon Pickering Pdf

The second volume of Sex Trafficking: International context and response Human trafficking and modern slavery have captured the imagination and attention of the international community. This book builds on the authors’ first volume, Sex Trafficking: International context and response. Much has changed since the first volume was published, not least the shift away from sex trafficking to modern slavery as the dominant focus in policy and advocacy. Yet, as the authors argue, little has changed with regards to how nations respond. This volume re-examines the international counter-trafficking scholarship and policy response, to offer an analysis based on original and new data. This book lays the ground for specific forms of research and inquiry that are necessary to better understand and respond to the range of exploitative practices and conditions that give rise to human trafficking. This book offers a detailed analysis of the dominant response to human trafficking, which is framed by the criminal justice process. Examining the identification of victims, the investigation of cases, victim support, prosecutorial decisions and repatriation practices, the authors draw upon original research from Australia, Serbia and Thailand: three diverse nations that, like nations across the globe, have invested heavily in criminalisation as the dominant response to counter trafficking. They argue that exploitation sits at the nexus of global migration patterns and emphasise the importance of speaking to those directly affected by counter-trafficking policies and those directly involved in their implementation in order to produce empirical data to inform how we make sense of the numbers that are produced, the outcome of the policies and how we ought to determine success in this context. An empirical, criminologically informed opportunity to reconsider the dominant ways of understanding and strategies of responding to human trafficking, this multi-disciplinary book will be of interest to those engaged in criminology, sociology, law, political science, public policy and gender studies.

Modern Slavery and Human Trafficking

Author : Carole Murphy,Runa Lazzarino
Publisher : Policy Press
Page : 290 pages
File Size : 55,5 Mb
Release : 2022-12-06
Category : History
ISBN : 9781447363637

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Modern Slavery and Human Trafficking by Carole Murphy,Runa Lazzarino Pdf

This book traces the journey of victims/survivors of modern slavery and human trafficking into and within the UK, from recruitment to representation to (re)integration. It offers crucial suggestions for better public awareness, policies and practices that will impact interventions in the UK and beyond.

Routledge International Handbook of Human Trafficking

Author : Rochelle L. Dalla,Donna Sabella
Publisher : Routledge
Page : 433 pages
File Size : 46,9 Mb
Release : 2019-09-19
Category : Business & Economics
ISBN : 9781351998147

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Routledge International Handbook of Human Trafficking by Rochelle L. Dalla,Donna Sabella Pdf

According to the UNODC (2015), human trafficking (HT) is the fastest growing means by which people are enslaved, the fastest growing international crime, and one of the largest sources of income for organized criminal networks. It profoundly impacts the physical and mental health of victims, their families, and entire communities and is recognized as a crime against humanity. Despite burgeoning interest, education, research, and advocacy efforts, a pinnacle handbook devoted to human trafficking and modern-day slavery – with global focus and multidisciplinary scope – does not currently exist. The Routledge International Handbook of Human Trafficking was created to fill this resource gap. Divided into four sections, the Handbook offers the reader a comprehensive and fresh approach via: (a) in-depth analyses and opportunities for application (through case studies, critical thinking questions, and supplemental learning materials); (b) multidisciplinary linkages, with disciplinary overlap across each of the four sections acknowledged and highlighted; and (c) content experts representing multiple segments of society (academia, government, foundation, law enforcement, and practice) and global vantage points (Australia, Finland, Germany, Netherlands, South Africa, Thailand, and the United States). Written by expert scholars, service providers, policy analysts, and healthcare professionals, this Handbook is an invaluable resource for those already working in the field, as well as for students in any discipline who want to learn (or learn more) about HT and modern-day slavery.