In response to the European Directive 2011/36/EU (2011), pressure from national and international... more In response to the European Directive 2011/36/EU (2011), pressure from national and international non-governmental organisations (NGOs) and coinciding with the recommendations of the US State Departments 2012 Anti-trafficking report, in 2013 Ireland's Criminal Law (Human Trafficking) Bill 2008 was amended to include provision to criminalise instances of forced labour and exploitation, by defining the phenomenon in Irish government statute. This dissertation examines the Irish policy framework to interrogate to what extent the inclusion of the ILO definition within current national policy could potentially aid or hinder the efforts of those dealing with the issue of forced labour, those individuals subjected to it and those who inflict it upon others. By doing so, it simultaneously works to assess the implications of the current legislative policy as a whole for addressing the issue of forced labour in Ireland more generally. Using interview data from key actors in the area, the research highlights that not only does the Irish law have to ensure a comprehensive framework allowing successful prosecution of those responsible for forced labour, but it also needs to address the very real needs of the victims to it: needs such as protection measures, immigration status, restitution, protection from further victimisation and persecution, as well as the basic human rights afforded to every individual. Maybe more importantly, and certainly as a first step proceeding any treatment of victims or perpetrators of forced labour, is the issue of identification. Until this is realised as a major obstacle in the development of the eradication of forced labour, those who are trapped within instances of forced labour and severe exploitation occurring in the Irish State will continue to be so.
In response to the European Directive 2011/36/EU (2011), pressure from national and international... more In response to the European Directive 2011/36/EU (2011), pressure from national and international non-governmental organisations (NGOs) and coinciding with the recommendations of the US State Departments 2012 Anti-trafficking report, in 2013 Ireland's Criminal Law (Human Trafficking) Bill 2008 was amended to include provision to criminalise instances of forced labour and exploitation, by defining the phenomenon in Irish government statute. This dissertation examines the Irish policy framework to interrogate to what extent the inclusion of the ILO definition within current national policy could potentially aid or hinder the efforts of those dealing with the issue of forced labour, those individuals subjected to it and those who inflict it upon others. By doing so, it simultaneously works to assess the implications of the current legislative policy as a whole for addressing the issue of forced labour in Ireland more generally. Using interview data from key actors in the area, the research highlights that not only does the Irish law have to ensure a comprehensive framework allowing successful prosecution of those responsible for forced labour, but it also needs to address the very real needs of the victims to it: needs such as protection measures, immigration status, restitution, protection from further victimisation and persecution, as well as the basic human rights afforded to every individual. Maybe more importantly, and certainly as a first step proceeding any treatment of victims or perpetrators of forced labour, is the issue of identification. Until this is realised as a major obstacle in the development of the eradication of forced labour, those who are trapped within instances of forced labour and severe exploitation occurring in the Irish State will continue to be so.
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