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Instructors: Dr. Claudia Pretto
Event type:
Lecture
Displayed in timetable as:
Modern Slavery
Hours per week:
2
Credits:
2,0
Language of instruction:
English
Min. | Max. participants:
5 | 20
Registration group: englische FS-Veranstaltungen
Comments/contents:
As demonstrated by the International Labour Organization itself (ILO) and the International Organization for Migration, all those violations involving the exploitation of the person such as forced labour, forced marriage, forced domestic servitude, forced sexual exploitation may be connected to the phenomenon of human trafficking and therefore today the so-called modern slavery of human beings sees the trafficking of human beings as a new reality to analyse, understand, fight and prevent[1].
Human being trafficking is a ruthless crime that mercilessly exploits millions of vulnerable women, children and men worldwide, trafficking in human beings is a modern form of slavery.
Trafficking in human beings includes various types of criminal activities (forced sexual exploitation, forced labour, forced begging, forced crime, domestic servitude, forced marriage and forced organ harvesting) and non-criminals that lead to a situation of exploitation of the person.
Human trafficking is above all a serious violation of human rights, which should be addressed in the international human rights framework; the criminal prevention approach, which focuses primarily on prosecution, particularly in the context of organized crime, should always incorporate an element that looks at the effective protection of human rights, attention to gender, vulnerabilities and based on the principle that victims' rights must be respected at all times[2].
With the adoption of additional protocols to the Convention against transnational organized crime: Protocol to prevent, suppress and punish trafficking in persons, in particular women and children; Protocol against the trafficking of migrants by land, sea and air, the international community has recognized the trafficking of human beings as a phenomenon and has a serious violation of human rights ("priority" with respect to the fight against crime).
Pursuant to Article 3 of the Palermo Protocol [3],the term "trafficking in persons" means the recruitment, transportation, transfer, hospitality or reception of persons through the threat of recourse or the use of force or other forms of coercion, such as abduction, fraud, deception, abuse of authority or a situation of vulnerability or the offer or acceptance of payments or benefits to obtain the consent of one person to have authority over another for the purpose of exploitation.
Exploitation can be represented: from the exploitation of the sexual activity of others, from forced labour, from debt boundage [4], from domestic forced servitude, from the removal of organs without adequate assistance and protection, from any form of exploitation using psychological and / or physical violence.
The course focuses on the analysis of international, regional and national law and on cases assessment and discussion.ocuments/dpage_e.aspx?si=A/HRC/33/46.
Learning objectives:
Students will be shown the portals of international and non-governmental organizations dedicated to the collection of data on trafficked persons worldwide, and will be provided with useful tools for reading and collecting fair data.
Seminars will cover both international legislation 2000 Protocol Palermo, ECtHR cases and analysis of European and national legislation. Cases of victims of child trafficking, women trafficked through different EU countries will be presented with specific attention to the comparative perspective in the application of the European Directive 2011/36.
The complexity of the phenomenon of human trafficking in a global system obliges to take into consideration inter connection to push and pull factors such as poverty, environmental changes effects, discrimination in several countries of origin, forced migration due to instability the risk of persecution in case of return in the original country. Students will be provided with copious bibliography, guidelines, handbooks, references.
Didactic concept:
10 hours
1) International framework and how and where collect fair data; focus on push and pull factors, Focus on the effect of Covid 19 on victim of trafficking all around the world
2) European legal framework, ECHR, ECtHR cases data analysis . Prevention , Protection and Prosecution at the Eu level . The Greta Group activities.
10 hours
3) Comparative analysis of national law and national approach in some member States ( Italy, Germany , The Netherlands, France , Spanish) to victims of trafficking protection, prevention and on the
prosecution perspective
4) Case analysis , problem solving, role play and students’ proposal and perspective on the issues
Literature:
1] https://www.ilo.org/global/topics/forced-labour/definition/lang--en/index.htm
[2] The 2018 UNODC Global Report on Trafficking in Persons
[3] Palermo International Protocol, Annex II of the United Nations Convention against Transnational Organized Crime , https://www.ohchr.org/EN/ProfessionalInterest/Pages /ProtocolTraffickingInPersons.aspx
[4] Debt bondage remains the most prevalent form of forced labour worldwide – Special Rapporteur UN http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/33/46.
Additional examination information:
Cases study in short groups and open discussion
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