Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-06-13T14:04:27.222Z Has data issue: false hasContentIssue false

Introduction

Published online by Cambridge University Press:  10 December 2021

Get access

Summary

In recent decades, there has been much focus on human trafficking in law, policy and academia with a significant achievement being the promulgation of an internationally agreed definition in Article 3(a) of the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (hereinafter: “the Palermo Protocol”). The Palermo Protocol defines the international crime of human trafficking as:

Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. [emphasis added]

The definition of human trafficking consists of three constituent elements, the action, the means and the purpose of exploitation. The emphasis in this book is the third element, the purpose, as the Palermo Protocol fails to define the meaning of the term exploitation. Instead, different forms of exploitation are non-exhaustively listed as the use of a phrase “at a minimum” suggests that there is room for manoeuvre. The adoption of a non-exhaustive and enumerative approach to exploitation in international law results in an undefined concept, wherein ‘the absence of a clear definition of “exploitation” makes it difficult to draw the line between exploitation in terms of violation of labour rights and extreme exploitation amounting to forced labour.’ This book will address this legal lacuna by seeking to better understand the interpretation of the material scope of exploitation in the context of “human trafficking for the purpose of labour exploitation”, wherein the enumerated forms of exploitation include, at a minimum, forced labour or services, slavery or practices similar to slavery, and servitude.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Amy Weatherburn
  • Book: Labour Exploitation in Human Trafficking Law
  • Online publication: 10 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781839701559.002
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Amy Weatherburn
  • Book: Labour Exploitation in Human Trafficking Law
  • Online publication: 10 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781839701559.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Amy Weatherburn
  • Book: Labour Exploitation in Human Trafficking Law
  • Online publication: 10 December 2021
  • Chapter DOI: https://doi.org/10.1017/9781839701559.002
Available formats
×