La traite des êtres humains : étude normative

Abstract : This study examines the legal framework of the trafficking in human beings, because we want to question the existence of a will of states to fight the phenomenon through positive law. Overall we find that there is an inextricable link between prevention and repression of trafficking and protection of victims' rights. The history of international law on the trafficking dates back to 1904, the date of adoption of the first international legal instrument on this issue. The first convention on slavery was developed in 1926. Following the magnitude, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1949, Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956 were adopted. These agreements, not taking into account all aspects of the problem predated the most modern practices relating to trafficking in persons, and did not have supervisory body at the international level. The Additional Protocol to the United Nations Convention Against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children first gives the most elaborate definition of the phenomenon in the convention. For its part the Rome Statute of the International Criminal Court establishes a new international body for human trafficking, citing enslavement as a crime treated as crimes against humanity. Besides the universal conventions several international and regional organizations are looking at the phenomenon. The Convention of the Council of Europe, Convention on Action Against Trafficking in Human Beings is the instrument of the Council most likely to contribute effectively to the fight against trafficking in human beings. The European Union has adopted several resolutions concerning the specific processes; in America, the Organization of American States has adopted several instruments on trafficking; there are important initiatives that directly concern the problem in African continent. At the state level, the member States have in all specific criminal provisions to criminalize trafficking in human beings by introducing effective and dissuasive sanctions. In provisions in the various codes, Turkey provides an effective crackdown repress in all forms of trafficking. For its part the Ukraine country of origin of trafficking must not only severely punish traffickers, but at the same time must comply with international standards and requirements. With the development of the phenomenon, protection for victims is provided, not only through the conventions of international, but also through various regional institutions. With the Palermo Protocol the international community has established an international legal framework to ensure better protection. For his part in the Rome Statute of the International Criminal Court, protection and assistance shall apply to all victims of the crime. While both conventions Council of Europe Convention on Human Rights and the Convention on Trafficking in Human Beings effectively protect victims. While instruments adopted at the EU contribute to the harmonization of policies to protect, the commitment of the OSCE does not provide binding provisions because of the lack of control mechanism. Protection across America and Africa is rather ensured by the provisions concerning human rights, and the provisions regarding the protection of victims are very limited. At the state level the current trend of European states about protection and assistance to victims is a prerequisite for their cooperation with law enforcement authorities In all these countries, as well as Turkey and Ukraine, protection of victims is conditioned, but the last two do not have specific provisions for the protection of victims, contain provisions to protect witnesses and victims in general.
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Leman Tosun. La traite des êtres humains : étude normative. Droit. Université de Grenoble, 2011. Français. ⟨NNT : 2011GREND003⟩. ⟨tel-00634880⟩



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