Trafficking in human beings in European and International Law

The partners of the LIREA project are glad to share their contribution of the article for the armonisation of the legal system. The document is available on the deliverble section of LIREA’s website.

ABSTRACT

This paper analyzes the problem of trafficking in human beings, with respect to which the international community has in the last two centuries and alternately, adopted numerous agreements and diversified instruments, aimed at curbing the expansion of this crime, with particular reference to those involving weaker and more exposed subjects. Although some of these agreements include a good number of States and affirm the prohibition of slavery and trafficking at an international level, their effectiveness and implementation is critical. This contribution analyzes the main laws of the partner countries of the LIREA project, strongly affected by the phenomenon of trafficking in human beings, mainly as areas of destination and transit, while presenting very different models and policies for managing the problem. What are the solutions for the harmonization of the practice regarding victims of trafficking in hosting societies? To answer this question, the methodology used is qualitative and involves the analysis of secondary sources including contributions on the subject provided by partner countries and the study of European and international legislation. Particular attention was paid to the study of the results of periodic monitoring on the state of implementation of the actions on trafficking in the Group of experts on the fight against trafficking in human beings. The results highlight the application, in the selected countries, of the various instruments dictated by the European Union and, in particular, of the anti-trafficking directive, of the directive on the residence permit issued to third countries victims of trafficking and of the first protocol of Palermo. The selected acts allowed to rebuild the assistance system in hosting societies and to formulate the reflections for the harmonization of regulatory systems.

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