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Author: Amy Weatherburn Publisher: ISBN: 9781839701542 Category : Forced labor Languages : en Pages : 0
Book Description
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.
Author: Amy Weatherburn Publisher: ISBN: 9781839701542 Category : Forced labor Languages : en Pages : 0
Book Description
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.
Author: Silvia Scarpa Publisher: Oxford University Press on Demand ISBN: 0199541906 Category : Law Languages : en Pages : 257
Book Description
This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
Author: Hannah Lewis Publisher: Policy Press ISBN: 1447306910 Category : Business & Economics Languages : en Pages : 232
Book Description
This groundbreaking volume presents the first detailed look at forced labor among displaced migrants who are seeking refuge in the United Kingdom. Through a critical engagement with contemporary debates about sociolegal statuses, endangerment, and degrees of freedom and its lack, the book carefully details the link between asylum and forced labor and shows how they are both part of the larger picture of modern slavery brought about by globalization.
Author: Prabha Kotiswaran Publisher: Cambridge University Press ISBN: 9781316613610 Category : Political Science Languages : en Pages : 0
Book Description
In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.
Author: Barry Leonard Publisher: ISBN: 9780756745165 Category : Languages : en Pages : 67
Book Description
Forced labor is a serious & pervasive problem in the U.S. At any given time 10,000 or more people work as forced laborers in cities & towns across the country, & it is likely that the actual number is much higher, possibly tens of thousands. Because forced labor is hidden, inhumane, widespread, & criminal, sustained & coordinated efforts by U.S. law enforce., social service providers, & the general public are needed to expose & eradicate this illicit trade. This report documents the nature & scope of forced labor in the U.S. from Jan. 1998 to Dec. 2003. It is the first study to examine the numbers, demographic characteristics, & origins of victims & perpetrators of forced labor in the U.S. & the adequacy of the U.S. response to this growing problem. Illus.
Author: Jennifer Bryson Clark Publisher: SAGE ISBN: 1526450445 Category : Political Science Languages : en Pages : 625
Book Description
Millions of people around the world are forced to work without pay and under threat of violence. These individuals can be found working in brothels, factories, mines, farm fields, restaurants, construction sites and private homes: many have been tricked by human traffickers and lured by false promises of good jobs or education, some are forced to work at gunpoint, while others are trapped by phony debts from unscrupulous moneylenders. The SAGE Handbook of Human Trafficking and Modern-Day Slavery provides a comprehensive, interdisciplinary and global look at the diverse issues surrounding human trafficking and slavery in the post-1945 environment. Covering everything from history, literature and politics to economics, international law and geography, this Handbook is essential reading for academics and researchers, as well as for policy-makers and non-governmental organisations
Author: Denise Brennan Publisher: Duke University Press ISBN: 0822376911 Category : Social Science Languages : en Pages : 295
Book Description
Life Interrupted introduces us to survivors of human trafficking who are struggling to get by and make homes for themselves in the United States. Having spent nearly a decade following the lives of formerly trafficked men and women, Denise Brennan recounts in close detail their flight from their abusers and their courageous efforts to rebuild their lives. At once scholarly and accessible, her book links these firsthand accounts to global economic inequities and under-regulated and unprotected workplaces that routinely exploit migrant laborers in the United States. Brennan contends that today's punitive immigration policies undermine efforts to fight trafficking. While many believe trafficking happens only in the sex trade, Brennan shows that across low-wage labor sectors—in fields, in factories, and on construction sites—widespread exploitation can lead to and conceal forced labor. Life Interrupted is a riveting account of life in and after trafficking and a forceful call for meaningful immigration and labor reform. All royalties from this book will be donated to the nonprofit Survivor Leadership Training Fund administered through the Freedom Network.
Author: Sam Scott Publisher: Policy Press ISBN: 1447322037 Category : Political Science Languages : en Pages : 296
Book Description
Labour exploitation is a highly topical though complex issue that has international resonance for those concerned with social justice and social welfare, but there is a lack of research available about it. This book, part of the Studies in Social Harm series, is the first to look at labour exploitation from a social harm perspective, arguing that, as a global social problem, it should be located within the broader study of work-based harm. Written by an expert in policy orientated research, he critiques existing approaches to the study of workplace exploitation, abuse and forced labour. Mapping out a new sub-discipline, this innovative book aims to shift power from employers to workers to reduce levels of labour exploitation and work-based harm. It is relevant to academics from many fields as well as legislators, policy makers, politicians, employers, union officials, activists and consumers.
Author: Carron Fox Publisher: International Labour Office ISBN: Category : Forced labor Languages : en Pages : 100
Book Description
This research project was undertaken in response to an approach by the Zambian Ministry of Labour and Social Security (MLSS) to the International Labour Office (ILO) to request assistance to look into the possible existence of forced labour practices in Zambia. In particular, MLSS had become concerned about the practices of some recruitment agencies, which were acting as 'labour brokers' in the mining sector. These agencies were thought to be exploiting jobseekers after they had been placed into employment, by retaining a significant part of their wages as a placement fee. MLSS' concern arose following the lodging of complaints by workers over non-payment of terminal benefits, with neither the client company nor the recruitment agency accepting responsibility for the payment.
Author: United Nations Publisher: ISBN: 9789211303612 Category : Languages : en Pages : 476
Book Description
This report, which comprises three booklets, provides a comprehensive analysis of the crime of trafficking in persons and how different countries are responding to this crisis. Countries worldwide have been detecting and reporting a larger number of victims and are also convicting more traffickers than ever before. This may well be the result of an increase in the capacity to identify victims over the last few years. While the number of reporting countries did not significantly increase, the number of victims reported in different countries did increase. The trend has unfortunately been growing over the past few years.
Author: Amy Weatherburn
Author: Amy Weatherburn
Author: Silvia Scarpa
Author: Hannah Lewis
Author: Prabha Kotiswaran
Author: Barry Leonard
Author: Jennifer Bryson Clark
Author: Denise Brennan
Author: Sam Scott
Author: Carron Fox
Author: United Nations