Human Trafficking and Slavery Reconsidered. Conceptual Limits and States' Positive Obligations.
Author
Summary, in English
The support for the fight against ‘human trafficking’ has evolved rapidly and comprehensively. There has been, however, no overarching critical evaluation of the efforts to make ‘human trafficking’ a focus of international law. The study addresses this gap and questions the usefulness of the international law definition of human trafficking and the legal framework built around this definition. It shows how by moving to the concept of human trafficking, the international community side-lined the older and more established human rights law concepts of slavery, servitude and forced labour, a development urgently requiring rectification.
I propose two steps to reverse these negative developments. The first is to address the terminological confusion and the definitional indeterminacy that surround the concepts of human trafficking, slavery, servitude and forced labour in international law. In relation to this, the study shows that the concept of human trafficking is ineffective. Thus the study seeks to place renewed emphasis on the human rights law concepts of slavery, servitude or forced labour and to determine their definitional scopes. The second step implies clearer understanding of states’ positive human rights obligations flowing from the human trafficking and the human rights legal frameworks. In this regard, the study demonstrates the values and the limitations of both frameworks, while at the same time maintaining that the way forward is to work within the human rights system.
These objectives are addressed from the perspective of European law with focus on the Council of Europe Convention on Action against Human Trafficking and Article 4 of the European Convention on Human Rights. The relevant EU law is also considered.
I propose two steps to reverse these negative developments. The first is to address the terminological confusion and the definitional indeterminacy that surround the concepts of human trafficking, slavery, servitude and forced labour in international law. In relation to this, the study shows that the concept of human trafficking is ineffective. Thus the study seeks to place renewed emphasis on the human rights law concepts of slavery, servitude or forced labour and to determine their definitional scopes. The second step implies clearer understanding of states’ positive human rights obligations flowing from the human trafficking and the human rights legal frameworks. In this regard, the study demonstrates the values and the limitations of both frameworks, while at the same time maintaining that the way forward is to work within the human rights system.
These objectives are addressed from the perspective of European law with focus on the Council of Europe Convention on Action against Human Trafficking and Article 4 of the European Convention on Human Rights. The relevant EU law is also considered.
Publishing year
2015
Language
English
Document type
Dissertation
Topic
- Law
Keywords
- servitude
- slavery
- human trafficking
- forced labour
- Council of Europe Convention on Action against Human Trafficking
- European Convention on Human Rights
- positive obligations
Status
Published
Project
- Human Trafficking and Slavery Reconsidered. Conceptual Limits and States' Positive Obligations in European Law
Research group
- Human Rights Law
- Public International Law
- Migration Law
Supervisor
- Gregor Noll
- Johanna Niemi
Defence date
20 April 2015
Defence time
10:15
Defence place
Pufendorfsalen
Opponent
- Cathryn Costello (Professor)