Exploitation in the Global Fishing Industry: New Zealand Researchers and Advocates Secure a Rare and Important Victory
Exploitation in the Global Fishing Industry: New Zealand Researchers and Advocates Secure a Rare and Important Victory Anne T. Gallagher The extent of exploitation within the world’s fishing fleets almost defies description. A recent report by the Nexus Institute and IOM documents the horrific situation of Ukrainian Seafarers “led through a calculated maze into a world of imprisonment at sea, backbreaking labour, sleep deprivation, crippling and untreated illness, and, for the least...
Read MoreUSING INTERNATIONAL HUMAN RIGHTS LAW TO BETTER PROTECT VICTIMS OF HUMAN TRAFFICKING: THE PROHIBITIONS ON SLAVERY, SERVITUDE FORCED LABOR AND DEBT BONDAGE by Anne Gallagher
Trafficking was a matter for international human rights law long before it became an issue of migration or of transnational organized crime. However human rights law has not, on balance, been especially useful to victims of trafficking. Rarely are even the most clear-cut and uncontested provisions (e.g. those relating to slavery, debt bondage, forced marriage and forced labor) advanced in relation to a situation of trafficking. When such connections are made, their purpose is often rhetorical...
Read MoreThe Right to an Effective Remedy for Victims of Trafficking in Persons: A Survey of International Law and Policy by Anne Gallagher
Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the...
Read MoreThe High Cost of Freedom: A Legal and Policy Analysis of Shelter Detention for Victims of Trafficking by Anne Gallagher and Elaine Pearson
In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in...
Read MoreRecent Legal Developments in the Field of Human Trafficking: A Critical Review of the 2005 European Convention and Related Instruments by Anne Gallagher
In terms of both speed and substance, the development in human trafficking related norms and standards over the past several years is almost unprecedented in international law. This article examines the 2005 Council of Europe Convention on Action against Trafficking and the various legal and policy developments that led up to or otherwise intersect with this watershed agreement. The analysis focuses special attention on the issues of international obligation and responsibility around...
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