Human trafficking typically implies to the process through which people are placed in various types of exploitative situations for economic gain. International efforts to address human trafficking can be traced way back to the 19th century. Gina Temple however underlines that it has been just over two decades that a comprehensive legal framework has developed around the issue.
Gina Temple discusses human trafficking as a human rights violation
Human trafficking originates where and when deprivations of human rights are prevalent. Human rights framework for trafficking draws upon international human rights standards. These standards have been normalized in a number of protocols, covenants and international treaties Declaration of Human Rights was drafted in 1948. The adoption of the Protocol to Prevent, Suppress and Punish the Trafficking in Persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime in 2000 serves as a legal framework for nation-state legislation across the globe. This protocol is intended to make sure that the trafficked individuals are treated as victims and not criminals, and hence are entitled to specific human rights protections.
While a comprehensive international legal framework for human trafficking does exist today, millions of people across the world continue to be trafficked. They can be trafficked within a country or across a border for various purposes, starting from forced and exploitative labor to sexual exploitation, forced marriage and organ removal. Due to the clandestine nature of trafficking, it is difficult to quantify the phenomenon.
There are numerous connections between human rights and trafficking in persons. Human rights are considered universal. This means that victims of trafficking are entitled to all human rights regardless of their gender, age, race, ethnic background, nationality, immigration status, or any other characteristic. International human rights law also acknowledges that specific groups like women and children may need extra or specific protections.
Varying human rights tend to be relevant at distinctive points in the cycle of human trafficking, and many of them are particularly relevant to the causes of trafficking. Violation of the right to an adequate standard of living, for instance, can lead to increased vulnerability of a person. Human trafficking and associated practices like debt bondage, forced marriage, forced labor, child marriage and sexual exploitation are violations of basic human rights and are prohibited under international human rights law. There also are certain human rights concerns associated with the response to trafficking, like the right to access to justice, the right to effective remedies, as well as the right to a fair trial.
As Gina Temple says, the human rights-based approach tends to place the victim at the centre of any effective and credible action. The human rights perspective also considers the underlying factors that contribute to trafficking, like patterns of discrimination, unequal power dynamics, demand for goods and services derived from exploitation, and even the involvement of public officials. It puts emphasis on the fact that governments are accountable for safeguarding and advocating for the rights of all individuals within their borders, including non-citizens. This includes a legal obligation to combat trafficking and associated forms of exploitation.
