The insecurity of trafficking in international law
Author
Editor
- V. Chetail
- M. Carlos-Tschopp
Summary, in English
The present chapter inquires into to the definition of trafficking in the 2000 Trafficking Protocol. The concept of trafficking seems to offer a self-evident point of departure to broach inequality and migration in the international domain. It emphasises the inequality between trafficker and the trafficked person, and States task themselves to side with the latter - and weaker - party in that relationship. Other dimensions of inequality, as that between migrants and States, are removed from the limelight of trafficking language. Trafficking of human beings is distinct from human smuggling: while trafficking is about non-consensual and exploitative relations between the migrant and a trafficker, smuggling is based on a consensus amongst the parties involved in an illegal border transgression. The chapter shall explore in detail how the concept of trafficking is constructed in instruments of international law. A particular focus will be on the use of human rights to legitimize the trafficking concept. My intention is to show that this use is selective.
Department/s
Publishing year
2007
Language
English
Pages
343-362
Publication/Series
Mondialisation, migration et droits de l'homme: le droit international en question
Full text
Document type
Book chapter
Publisher
Bruylant
Topic
- Law
Keywords
- human rights
- mänskliga rättigheter
Status
Published
ISBN/ISSN/Other
- ISBN: 9782802723387