CEU Electronic Theses and Dissertations, 2013
Author | Lutenco, Andrei |
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Title | The Extent of State Obligations in Preventing and Combating Trafficking in Human Beings: Challenges and Perspectives for a European Human Rights-Based Approach |
Summary | Trafficking in human beings is a complex social phenomenon, a crime and a violation of basic human rights and has, as such, triggered a comprehensive response including through human rights law. However, despite the advancements in addressing trafficking in line with a human rights paradigm, its requirements often remain unclear leading to lack of action or improper response. The present work examines, within the European setting, some of the theoretical challenges that obstruct the understanding of state obligations related to trafficking under a human rights approach. These challenges relate to the very definition of trafficking, the questions as to its capacity to generate human rights obligations with the states and its connection with other human rights. The analysis leads to common human rights framework under which trafficking is to be addressed, namely the states’ duties to respect, protect and fulfil human rights in order to prevent and prosecute trafficking as well as protect its victims. In this endeavour, the author takes note of the latest developments in the European human rights law with regards to trafficking, brought about by the ECtHR’s decision in the case of Rantsev v Cyprus and Russia. |
Supervisor | Allain, Jean |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2013/lutenco_andrei.pdf |
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