University:
University College London
Course:
LAWS0007 | Criminal Law
Academic year:

2024
Views:

376

Pages:

3
Author:

Nam Betz

Trafficking in Persons, Rights and Punishment: Examining the Nexus with Counter-Terrorism Introduction • Punishment of a victim marks a rupture with the commitments made by states to recognizing the priority of victims' rights to assistance, protection, and to effective remedies. • Failure to respect the principle of non-punishment leads to further serious human rights violations, including detention, forced returns and refoulement, arbitrary deprivation of citizenship, debt burden arising from the imposition of fines, family separation, and unfair trial. Ultimately, punishment hinders the possibility of recovery, and denies access to justice for trafficked persons. It also limits the effectiveness of prevention measures, and limits the implementation of States' obligations of effective prevention. Recognizing these limits, the Global Compact on Safe, Orderly and Regular Migration, calls on States to "facilitate access to justice and safe reporting [of trafficking] without fear of detention, deportation or penalty". • Due diligence: o Non- discrimination o Disability inclusion V.C.L. AND A.NVUK (ECTHRTS -2021) - Right To Fair Trial - "Axiomatic" that prosecution would be injurious to a victim's, "physical, psychological and social recovery and could potentially leave them vulnerable to being re-trafficked in future." - Recognizing the gender dimension of non-punishment, and failures of identification Scope And Application - Forms Of Punishment - Serious Criminal offences? ∼ Crimes of 'terrorism - What is punishment? ∼ Deprivation of citizenship ∼ Exclusion from refugee status ∼ Denial of welfare benefits ∼ Separation of families ∼ Refusal of consular assistance - "The troubled history of arbitrary deprivation of nationality is rooted in histories of racism, positioned at the very heart of attempts to exclude and limit the application of human rights law on discriminatory grounds. Deprivation of nationality is in itself a form of punishment, an administrative sanction that not only violates the nonpunishment principle, but also increases risks of trafficking or re-trafficking. A progress narrative? (Limits of law on human trafficking) • Law playing a 'kettling role'? (confining political claims to pre-determined legal forms, limited impact on structural charge). (Article 4 ECHR litigation). • Political claims-the politics of rights enactment o Modern slavery - 'excited by the exotic' (Kennedy D) - ' La Noire De' (Ousmane Sembene) / Une exclave modern (Okafa Siliadin) • Beyond the injured subjectivities' (D Otto) produced in law's engagement with trafficked persons (in particular women). • Ideological capture is not complete • Juris generative effects of human rights norms-producing new vocabularies of public claim-making, anticipating new forms of justice to come. (Benhabib) • Cover on juris generativity- 'the uncontrolled character of meaning exercises a destabilizing influence upon power'. • Juris pathos - 'De humidification’s' (enactment of exceptions, exclusions).