Unwrapping the Human Trafficking Definition of the Palermo Protocol: Trafficking as Harmful Exploitation
Abstract
Almost two decades after the adoption of the Palermo Protocol, we are now able to critically assess whether an effective transnational regime has been consolidated to enable effective mutual assistance in criminal matters or whether, on the contrary, it remains a fragmented regime. Despite the harmonisation of the concept of human trafficking, a flawed understanding of its exploitative nature has led to very unique readings reflected in domestic regulations, for example by establishing a trafficking offence where the use of certain means of commission is not required. The aim of this paper is to reformulate the trafficking paradigm, focusing on what makes trafficking an abusive or exploitative practice per se: the use of certain means and not just the purposes of exploitation. This paradigm shift is useful for tackling the challenges posed by inter-state cooperation. Furthermore, it helps us to identify the relevant behaviours in terms of exploitation and allows us to address the criticisms of those who -sometimes rightly- see the anti-trafficking regime as yet another migration control tool.
Received: 30.09.2019
Accepted: 21.11.2019
Published online: 31.12.2019
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Last update: 08/02/2022
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