Legal Perspective of Human Trafficking
According to Pruellage (2015), human trafficking can be regarded as the contemporary version of slavery. The said victims are forced to work without much regards to their will or choices or sexually exploited. The victims likewise view themselves as part of the crime, making it harder to combat human trafficking because the victims do not want to get caught due to the fear for their safety. As such, from a perspective that wishes to end human trafficking, the victims’ cooperation is vital.
A uniform international perspective on human trafficking is important in order to effectively defeat human trafficking since they put in place a united set of measures for many countries to deal with it. Thus, it can be expected that if there is a uniform international perspective on human trafficking, then countries or nations who have been involved with human trafficking will not have conflicts with dealing with human trafficking. Say a woman of a particular origin has become a victim of human trafficking and was illegally transported to another country. If these countries have varying laws and perspective on human trafficking, then a valid ruling might become difficult to achieve. For instance, if the country where the woman was transported views her as a victim, but her origin views her as part of the crime, then there could be a conflict. Furthermore, from an international legal perspective on human trafficking, it may be concluded that it has been a problem for an extended period of time. For a long time now, many efforts have been done to combat human trafficking, but it continues to persist. As such, many protocols were made to prevent human trafficking from happening, thus, protecting many persons, including many children and women. There have also been protocols designed to punish those who had committed human trafficking. Among these protocols is the Palermo Protocol 1 or the UN TIP Protocol. The protocol likewise defines human trafficking as a crime that uses force or deception in order to put other individuals in a position where they are forced to work very long hours or put themselves in sexual abuse. Human trafficking likewise includes the transport of the victims and payments to the victims for their control. This international protocol likewise views human trafficking as a crime that cannot be fully separated from prostitution or sexual abuse (Navaneelan, 2013).
Given that the International perspective on human trafficking is important to combat the crime and protect its victim, regional perspective is also likewise important. When a region views human perspective as it is, human trafficking can be combatted effectively and efficiently. Similarly, legislation on a domestic or regional level is also important to fortify the fight against human trafficking. The implementation of international laws on domestic cases are costly and domestic laws help to proceed with the prosecution of traffickers with ease. Furthermore, there are many obstacles that hinder the defeat of human trafficking. Despite the said uniform perspective that those who were trafficked are victims, many victims refuse to cooperate with the persecution of their traffickers due to the fear of being persecuted as well (King, n.d.).
Ethical Issues
Human trafficking is a crime that puts aside one’s free will in order to benefit from it. It is no doubt an ethical issue since it may be considered a form of slavery in contemporary times. The physical abuse from forced labor one may receive from their traffickers, as well as the mental and emotional abuse they receive challenges the extent by which one can be free. This practice puts the effort of many great people to let people exercise their own will. Human trafficking is a crime that creates a pedestal for the abusers while their victims stay down and beg for their safety. There are also ethical issues with the use of the victims for their organs. It is a medical ethical dilemma and is against many laws, both domestic and international. The nourishment of another one’s life through the expense of another is an ethical dilemma that reflects inequality in the society. No one should have the ability to impose that one life is more valuable than another, simply because one has the resources while the other do not. As such, human trafficking is a crime that violates every inch of human ethics.
Current Policies
The Palermo Protocol 1 or the UN TIP protocol is adopted by more than a hundred countries. It serves as a guideline on how countries define human trafficking and who classifies as a victim or a criminal.According to this protocol those who were trafficked can no longer be seen as criminals. They are victims of the deception and the use of force by the human traffickers and should not be regarded as criminals, even if they have violated immigration laws. This protocol also imposed to the countries that signed on it a set of mechanisms by which they could prevent human trafficking, prosecute violators, and protect the victims. The Palermo Protocol was put in place to have a uniform set of view and action towards human trafficking (Coalition Against Trafficking in Women, 2001).
Likewise, other policies that target human trafficking are also present. The Protect Act of 2003, for example, is an act that was designed to protect young children from any abuse. The Civil Asset Forfeiture Reform Act of 2000 is a policy that aims to help catch traffickers by targeting those that allow their facilities to be used for human trafficking operations. In this manner, these property owners will not remain quiet about the illegal activities on their property due to fear of prosecution. Furthermore, there have also been reinforcement with immigration laws to make sure that only those who cross borders are those who were not coerced to do so. Thus, helping fight human trafficking from proliferating and affecting many countries (Department of Homeland Security, 2015).
Policy Recommendations
It is also recommended that people should be informed that the victims of human trafficking are not at fault and does not face the same fate as their traffickers. In this manner, victims will not be afraid to help authorities prosecute their traffickers. Thus, creating a shift in the practice of human trafficking that could potentially eliminate the said practice.
References
Coalition Against Trafficking in Women. (2001). Guide to the New UN Trafficking Protocol. Coalition Against Trafficking in Women. Retrieved July 20, 2016.
King, L. (n.d.). International Law and Human Trafficking. Topical Research Digest. Retrieved July 20, 2016.
Navaneelan, A.P. (2013). International Legal Perspectives on Human Trafficking. Mamman, Sandaluk & Kingwell. Retrieved July 20, 2016.
Pruellage, J. (2015). Perspective on Fighting Human Trafficking. Saint Louis University School of Law. Retrieved July 20, 2016.
