Orphanage Trafficking In International Law

Provides the first-ever comprehensive legal analysis of orphanage trafficking in international law.

The first-ever comprehensive analysis of the international law of human trafficking by an author with direct experience working within the United Nations.

While appealing to the desire of tourists and volunteers to 'do good' while travelling, underlining orphanage tourism is the fact that the vast majority of children (over 80%) in orphanages and allied care institutions are not orphans. Instead, children are often placed in institutions due to poverty and hardship, and as victims of human trafficking. The first of its kind, this book highlights exploratory research that examines the links between modern slavery practices and orphanage tourism.

With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors are fueling human trafficking beyond what the law can curtail.

In recent decades the international community has focused its attention on trafficking in persons, one of the most worrying phenomena of the 21st century. In Part I, this book examines trafficking in persons in the light of the recent definition of the phenomenon given by the UN Trafficking Protocol, and various other international legal instruments including treaties and 'soft law'. It analyses trafficking causes and consequences, and the most common forms of exploitation related to it. Part II reviews the most important international conventions against slavery and the slave trade, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It also analyses the most important policy documents setting the basic standards of protection for trafficked victims - namely the United Nations High Commissioner for Human Rights' Recommended Principles and Guidelines on Human Rights and Human Trafficking - and comments on the extension of the jus cogens principle of international law that prohibits slavery, to argue that trafficking in persons ought rightly to be considered a part of it. Part III deals with the Council of Europe and the European Union, and their fight against trafficking in people, arguing that the focus has been placed mistakenly on the prosecution of traffickers rather than on the protection of trafficked victims. The book concludes with a recommendation to shift towards a more balanced approach to trafficking in persons, and the overriding need to conduct further research on specific issues related to the spread of trafficking and the exploitation of its victims.

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. Elizabeth A. Faulkner is Lecturer in Law at Keele University, United Kingdom. Her interests, broadly conceived, are in international child law, human rights, migration, legal history, and crime specialising in human trafficking, slavery, children's rights, exploitation, and abuse.

This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universität zu Berlin in Berlin, Germany.