CEU Electronic Theses and Dissertations, 2014
| Author | Manamperi Gunawardena, Udani |
|---|---|
| Title | Counter Human Trafficking Legislation: Human Rights Approach v. Criminological Approach |
| Summary | Human trafficking is the third fastest growing international crime in the world. Actual number of individuals that fall prey for traffickers every day remain largely unknown given the organized complex nature of the crime. The definitions contained in international and regional legal instruments on human trafficking vary to a great extent adding complexity to the issue of human trafficking, conceptualized as modern day slavery. The approaches taken by different jurisdictions to combat the crime of human trafficking mostly very between the criminal and civil law approaches with an emerging human rights based approach. The type of approach adopted by a jurisdiction to combat human trafficking have a tremendous impact on both victims and traffickers. The selected jurisdictions of the U.S., international law and Sri Lankan law exemplify the extent of impact of anti-trafficking legislation on stakeholders involved in the crime. The U.S. adopts a human rights based approach which provides extensive protection for victims. It also recognizes the rights of a victim to pursue a private civil action against the traffickers for compensation. The Sri Lankan Penal Code to the contrary adopts a complete criminal law based approach where rights of the victims are neglected. The Palermo Protocol that contains a comprehensive definition on human trafficking in international law on the other hand, stresses for a rights based approach on anti-human trafficking. Based on the analysis of legislative provisions of counter trafficking in selected jurisdictions, it is argued that the most suitable approach for counter human trafficking is the human rights based approach, where various rights of victims are given due protection during the process of prosecution and beyond. However, the author’s personal experience of work in the field of anti-human trafficking and the careful analysis of the actual implementation of the law, manifest that states have a long way towards securing protection of rights in real lives of victims |
| Supervisor | Dr. Katalin Parti |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/gunawardena_udani.pdf |
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