Slavery is often considered a historic aspect of the Roman Empire or the slave trade to the New World. However, according to official estimates there are currently around 21 million people enslaved in some way or another. Consequently, there are at present more enslaved people than at any other point in history. Many of these people are caught in a web of human trafficking reminiscent of an archaic and uncivilized world from humanities history. Even though, or probably even because, 20th century Neoliberalism promised us unlimited wealth by means of globalization the reality of the present now paints the totally different picture. One of inequality within and among nations in which consumerism has turned even human beings into a tradable good. The first part of this essay will describe what human trafficking is by determining the definition given by international law. In the second part the current international legal and normative framework will be set out and the problems the approach this framework stands for will be analyzed. The third part of this essay will strive to make clear how the effects of globalization are the main roots of human trafficking and thus an effective strategy combating the problem has to take a holistic approach with human rights considerations at its core. Finally, the fourth part of this essay will deal with the question of both the legal and moral responsibility States have in combating the problem of human trafficking. On the whole, the main argument of this essay will be that the current international legal and normative framework does not adequately combat the issue of human trafficking because it marginalizes the human rights aspect. Furthermore, it will argue that States have a legal and moral obligation to create a more holistic framework and combat the violations of a victim of human trafficking human rights, by the denial of that person’s freedom, in a more effective manner.

Currently, the world is experiencing a huge lack of interest – coexistence with human trafficking will become the main form of human trafficking, in addition to other forms that continue to increase more and more. The important thing is to decipher what human trafficking means and what its definition is in a general context. Human trafficking is perpetrated by actors with different levels of sophistication within their organizational structures. Due to its vastness and intricacy, this form of trafficking is the result of an association of different social, economic and political aspects that involve not only the situation of countries in general, but also the individual himself in the social context.

The trafficking in persons is a problem that directly affects the freedom and dignity of human beings. The globalization and transnationality inherent in this type of crime aggravates this problem and its suppression becomes more difficult. This paper aims to answer whether international human rights treaties can contribute effectively to combat this crime. Firstly, the basic concepts of globalization and trafficking in persons are presented, followed by forms of creating international treaties with their impact on public policies. Finally, an analysis of these policies in the light of the Supplementing Protocol to the United Nations Convention against Transnational Organized Crime on the Prevention, Suppression and Punishment of Trafficking in Persons, especially Women and Children, with a consequent survey of the international treaties on the subject is made. The method used was the exploratory descriptive. It was concluded that trafficking in persons is a complex phenomenon and i...

The human trafficking is widely thought to be the modern form of slavery. It started before many years and still exists. Nowadays a great number of people, especially women and children, are trafficked, mainly from poor to developed states, in order to be exploited either for sex or for labor. The Western societies, including the international organizations and institutions, have taken measures, as they have tried to eliminate it. The most characteristic attempt is the Palermo Protocol. However, the legislation has been proved ineffective, therefore the states in collaboration with the organizations should realize the basic dimensions of this phenomenon and legislate based on them.

As opposed to the traditional law enforcement and immigration control perspective, the «human rights-based approach» (HRBA) to human trafficking puts the rights of trafficked persons at the centre of anti-trafficking strategies. What does this approach effectively mean and require? Is it sufficiently reflected in the current international law regime? Do international judicial and non-judicial bodies effectively contribute to its development? After identifying the constitutive elements of this approach as initially developed within the UN in the context of development cooperation and then applied to trafficking, this book examines whether the HRBA is properly reflected in the key elements of the victim protection regime: identification, protection, assistance, right to remain and repatriation. It provides a detailed analysis of the extent to which international instruments and international bodies’ pronouncements truly integrate this approach. The author highlights the good practices but also the existing dysfunctions in universal and regional instruments and case law and in States’ practice, which often result not only in the lack of adequate protection for victims, but also in the ineffectiveness of anti-trafficking policies. She also highlights the major contributions of a HRBA, which include how this approach broadens and clarifies the scope States’ obligations in this area, and its key role as a cross cutting paradigm of international law that contributes to the convergence of separate international law regimes.

The notion of a ‘human trafficking chain’ is a manifestation of the fact that the transnational criminal offence of trafficking in human beings (THB) is not carried out instantaneously. On the contrary, it is perpetrated at stages and progressively: each stage depends on a previous stage having taken place, which, in its turn, is necessary for perpetrating the next step. This operates in the same way as the links of a chain: each link exists so as to allow going from the previous to the next one. Moreover, the various stages in the ‘human trafficking chain’ are perpetrated and financed by different persons and entities in the territory of numerous jurisdictions and, consequently, the various stages constitute separate criminal acts to which diverse legal systems might be applied. Notwithstanding the existence of other transnational criminal offences involving separate offences and different jurisdictions (the offence of money laundering comes to mind), it is difficult to think of other offences that have the characteristics and the complexities of human trafficking. The paper examines the various stages making up the THB crime, identifies the separate criminal acts that are perpetrated during each of these stages, and sets out pertinent issues and questions.

Human trafficking is a common occurrence in the modern world. It has been estimated that thousands of people are trafficked every year, the most of whom are women and children. Almost all States are impacted by trafficking, and it is estimated that traffickers earn billions of dollars a year from their illegal activities. Slavery and the slave trade, which date back thousands of years, are the roots of trafficking. However, since the start of the 20th century, the term "human trafficking" has taken on a new meaning. This paper explores some state-imposed requirements related to human rights. While there are many different obligations, this paper focuses on the four most important ones that are imposed on all States, regardless of whether they are States of Origin, Transit, or Destination: the obligation to forbid trafficking, to look into and prosecute traffickers, to protect victims, and to address the causes and effects of the phenomenon. It will be shown that thes...