Caribbean Anti-Trafficking Law and Practice

Erscheinungsjahr 2021
ISBN: 978-1-5099-4624-2
Verlag: Hart Publishing

Buch, Englisch, 456 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 687 g

This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century.

Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

Autoren/Hrsg.

Haynes, Jason

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Mittel-/Südamerika

Inhaltsverzeichnis

1. Introduction
I. Overview
II. Locating the 'Commonwealth Caribbean'
III. Situational Overview
IV. Further Afield
V. Summary
VI. Structure of the Monograph

2. Theoretical Perspectives on Human Trafficking
Introduction
I. Economic Theory

II. Criminology Theories
III. Feminist Theories

IV. Brief Reflections
V. Analytic Eclecticism

VI. Methodology
Conclusion

3. International Dimensions of Anti-Trafficking Law and Practice
Introduction

I. The Criminal Justice Approach
II. The Human Rights Approach
Conclusion

4. The European Approach to Human Trafficking
Introduction
I. Situational Overview
II. Legal Frameworks
III. Political and Institutional Commitment

IV. Public Awareness, Stakeholder Collaboration and Capacity Building
V. Criminalisation and Sanctioning

VI. Investigation, Victim Identification and Referral

VII. A Victim-Centred Approach
VIII. Protection of Trafficked Victims

IX. Material, Medical and Psychological Assistance and Accommodation

X. Protection and Support for Child Victims
XI. Regularisation of Immigration Status, Repatriation and Reintegration

XII. Compensation

XIII. Hegemonic Assumptions
Conclusion

5. Anti-Trafficking Law and Practice in England and Wales
Introduction
I. Criminalising Trafficking in Persons

II. Investigating Trafficking in Persons

III. Identifying and Referring Victims of Trafficking

IV. Discretionary Leave to Remain
V. Support and Assistance of Trafficked Victims

VI. Child Victims of Trafficking

VII. Criminal Proceedings
VIII. Compensating Victims of Trafficking for Harm Suffered

IX. The Non-Punishment of Victims of Trafficking

X. Institutional Commitment

XI. Confiscation/Forfeiture of Assets
XII. Prevention and Risk Orders

XIII. Transparency in Supply Chains
Conclusion

6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Domestic Legal Framework
II. Normative Considerations
Conclusion

7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Human Trafficking on the National/Regional Agenda

II. Capacity Building
III. Stakeholder Collaboration
IV. Victim Identification and Referral

V. Court Proceedings
Conclusion

8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Primacy of Victims' Rights
II. Meeting the Basic Needs of Trafficked Victims
III. Medical and Psychological Assistance
IV. The Special Position of Child Victims

V. Accommodation

VI. Privacy and Confidentiality

VII. Information, Documentation and Interpretation/Translation

VIII. Regularisation of Victims' Immigration Status
IX. Repatriation

X. Reintegration
Conclusion

9. Conclusion: The Way Forward
Introduction
I. General Findings
II. Reforming Anti-Trafficking Law and Practice
III. Summary

Über Autor(innen)

Haynes, Jason
Jason Haynes is Senior Legal Officer, British High Commission, Bridgetown, Barbados and former Lecturer in Law, University of the West Indies, Mona Campus, Jamaica.