Includes bibliographical references (pages 199-211) and index.
Contents:
Introduction -- On the legal nature of human trafficking -- A right not to be trafficked? -- The notion of exploitation : theoretical foundations of the human rights prohibition of 'modern slavery' -- Positive obligations as a means of establishing state responsibility for 'modern slavery' in human rights law -- Human rights obligations of states to address 'modern slavery' -- The role of specialised anti-trafficking instruments in shaping human rights obligations of states to address 'modern slavery' -- Conclusion : human rights law, slavery, and state in the twenty-first century.
Summary:
"[This] book analyses the role and responsibility of states for addressing 'modern slavery' -- a diverse set of practices usually perpetrated by non-state actors -- against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. It also considers the 'absolute' nature of the prohibition of 'modern slavery' in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to 'modern slavery', and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, which glues together diverse practices of 'modern slavery' into a coherent concept, this book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, the book offers a roadmap for the future development of law on this subject, emphasising the limits of human rights law as a tool for addressing 'modern slavery'." -- Dust jacket. Do humans have a right not to be trafficked? This book examines the legal nature of human trafficking and its relationship with human rights law. Drawing on the jurisprudence of the European Court of Human Rights, it shows that human trafficking is indeed a human rights violation requiring legislative and institutional responses from states.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.