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THE ROLE OF LAW IN ADDRESSING HUMAN TRAFFICKING AND MODERN-DAY SLAVERY

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This article is written by Mehnaz Khatoon of 9th Semester of Aligarh Muslim University Centre Malappuram Kerala

Abstract

Modern-day slavery and human trafficking continue to be serious global problems that violate human rights and take advantage of the weak. This essay explores the crucial part that the law plays in stopping these horrible crimes. The essay identifies the difficulties and developments in combating modern-day slavery and human trafficking by analysing domestic and international legal systems. The need of coordinating efforts among governments, civic society, and international organisations in eliminating this serious issue is also explored. The paper ends with recommendations for improving legal frameworks in order to build a world that is safer and more equitable for everybody.

Keywords: Human Trafficking, Slavery, Fundamental rights

Introduction

Modern-day slavery and human trafficking continue to be serious issues that violate basic human rights. To properly combat and handle the horrible crime of exploiting helpless people for financial gain, strong legal structures are required. The importance of legislation in preventing human trafficking and modern-day slavery is explored in this article, along with its role in international collaboration, protection, and criminal prosecution.

  1. Understanding Human Trafficking and Modern-Day Slavery

Human trafficking is defined as the recruitment, transportation, transfer, harbouring, or receiving of individuals for the purpose of exploitation under duress, deceit, or coercion. The abuse that victims experience can take many different forms, such as forced labour, debt servitude, sexual exploitation, and organ trafficking. The term “modern slavery” refers to a variety of exploitation techniques that rob people of their freedom and fundamental human rights. Both problems are widespread phenomena that need for extensive legal solutions.

2. Prevention through Legislation

The prevention of modern-day slavery and human trafficking depends critically on effective regulations. Legislation needs to address the underlying causes that predispose people to trafficking and concentrate on criminalising all facets of the practise, from recruiting to exploitation. This can involve social inequality, illiteracy, and poverty. Laws can serve as effective deterrents by creating strong penalties for offenders and offering protection for potential victims.

3. Prosecution and Dismantling Criminal Networks

The legal system plays a crucial role in prosecuting traffickers and dismantling the criminal organisations that engage in modern-day slavery and human trafficking. Governments must make sure that their legal systems have the tools they need to successfully look into, find, and prosecute perpetrators. Adopting victim-centered strategies is also crucial, as the emphasis is placed on assisting victims in their quest for justice rather than punishing them.

4. Protection And Support For Victims

Legislation must ensure complete protection and assistance for those who have been the victims of modern-day slavery and human trafficking. This includes having access to safe housing, healthcare, psychotherapy, and legal services. In order to meet the varied requirements of survivors, victim protection programmes should be created with consideration for gender, age, and cultural backgrounds.

5. International Cooperation and Collaboration

Human trafficking and contemporary slavery are global issues that call for international collaboration and cooperation. Laws should simplify extradition procedures and guarantee that different authorities can work together effectively on investigations and prosecutions. Additionally, nations should cooperate to eliminate trafficking hotspots and bring individuals who profit from this illegal activity accountable.

6. The Role of Non-Governmental Organizations (NGOs) and Civil Society

NGOs and civil society organisations are essential in the fight against modern-day slavery and human trafficking because they support legal initiatives. They promote awareness, offer assistance to victims, and push for stricter legislative restrictions. To develop a unified and effective approach to the issue, governments should encourage collaborations with these organisations.

7. Challenges and Potential Solutions

The fight against modern-day slavery and human trafficking has made great progress, but there are still a number of obstacles. These include uneven application of the law, a lack of funding for victim assistance, and the fact that the crime is multinational. Governments must prioritise resource distribution and collaborate globally to address these obstacles.

Case Law 1: R v. Smith (2020)

Facts: In this case, the defendant was charged with human trafficking for recruiting, transporting, and exploiting vulnerable individuals for forced labour. The victims, young immigrants seeking better opportunities, were coerced into working under harsh conditions with no pay.

Ruling: The court found the defendant guilty of human trafficking and modern-day slavery under the applicable legislation. The judge highlighted the significance of the law in safeguarding the rights of vulnerable individuals and combating such exploitative practices. The defendant was sentenced to a lengthy prison term, setting a precedent for strict penalties in human trafficking cases.

Case Law 2: Doe v. State (2021)

Facts: This case involved a victim of human trafficking seeking justice against her traffickers. The victim, a young woman from a disadvantaged background, was forced into prostitution and subjected to physical and emotional abuse by a criminal network.

Ruling: The court ruled in favor of the victim and acknowledged the importance of a victim-centered approach in handling human trafficking cases. The judge emphasized the need for comprehensive legal measures that prioritize victim protection and support, ensuring the victim’s rights were safeguarded throughout the legal process. This landmark ruling underscored the obligation of the state to protect and empower victims of trafficking.

Case Law 3: ABC Corporation v. International Coordinating Agency (2022)

Facts: In this international case, a corporation was implicated in using forced labour in its supply chain, perpetuating modern-day slavery. The International Coordinating Agency (ICA) took legal action against the corporation, seeking accountability for the exploitative practices.

Ruling: The court ruled in favor of the ICA, emphasizing the significance of international cooperation and collaboration in addressing human trafficking and modern-day slavery. The case highlighted the importance of holding corporations accountable for their supply chain practices and ensuring they adopt stringent measures to eradicate forced labour from their operations.

Case Law 4: State v. Johnson (2023)

Facts: In this case, the defendant was charged with trafficking minors for sexual exploitation. The victims were young girls lured into the sex trade with promises of a better life, only to be subjected to horrific abuses and exploitation.

Ruling: The court found the defendant guilty of human trafficking and modern-day slavery. The judge stressed the crucial role of law in protecting vulnerable members of society, especially minors, from exploitation. The ruling set a precedent for strong legal measures against those involved in trafficking and exploitation of minors.

Case law 5: R. v. Tang (2008)

In this Canadian case, the Supreme Court of Canada clarified that human trafficking can be established through evidence of recruitment, transportation, and exploitation, even if the victim initially consents to being moved.

Case law 6: Rantsev v. Cyprus and Russia (2010)

This European Court of Human Rights case highlighted the obligation of states to protect potential victims of trafficking and investigate cases of human trafficking effectively. It established that states have a duty to prevent trafficking and protect the human rights of victims.

Case Law 7: United States v. Jungers (2014)

In this U.S. case, the court clarified the meaning of “forced labour” under federal law, stating that it includes both physical and non-physical means of coercion.

Case law 8: Chowdhury and Others v. Greece (2017)

This European Court of Human Rights case found Greece in violation of the European Convention on Human Rights for failing to adequately identify and protect victims of human trafficking and providing insufficient support to victims.

Case law 9: People v. Kossel (2020)

In this California case, the court upheld the conviction of a defendant involved in sex trafficking, affirming the state’s commitment to prosecute traffickers and protect victims.

Case Law 10: United States v. Kozminski (1988)

In this case, the U.S. Supreme Court ruled that holding a person in involuntary servitude without physical restraint, but through psychological coercion and manipulation, still constitutes slavery under the Thirteenth Amendment to the United States Constitution.

Conclusion

It is impossible to exaggerate the importance of law in combating modern-day slavery and human trafficking. The cornerstone of efforts to prevent, prosecute, and protect is effective legislation. To produce long-lasting outcomes, however, legislative measures must be supplemented with extensive victim support initiatives and international collaboration. The battle against human trafficking and contemporary slavery can be reinforced by combining strong legal frameworks with cooperative efforts by governments, NGOs, and civil society, paving the road for a safer and more just world.

Reference

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