Rights Talk and Domestic Work
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USING 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 and, even when presented by legal scholars,...
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 articulation and acceptance of legal obligations...
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 shelters and weighs the common justifications for such...
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 trafficking, particularly in relation to its important human...
read morePROSECUTING AND ADJUDICATING TRAFFICKING IN PERSONSCASES IN AUSTRALIA: OBSTACLES AND OPPORTUNITIES by Anne Gallagher
Distinguished participants, ladies and gentlemen, I would like to begin by thanking the National Judicial College for organizing this event and for inviting me to participate. Much of my work on trafficking has taken place outside Australia. My exposure to this issue as it has played out in this country is more or less limited to involvement, since 2004, in training the specialist AFP investigators. I look forward to learning from the other presenters as well as from this highly diverse audience. In the short time allotted, I would like to...
read moreMeasuring the Success of Counter-Trafficking Interventions in the Criminal Justice Sector: Who decides—and how? by Anne Gallagher and Rebecca Surtees
Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by...
read moreHuman Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis by Anne Gallagher
In December 1998, the United Nations General Assembly established an intergovernmental, ad-hoc committee and charged it with developing a new international legal regime to fight transnational organized crime. In October 2000, after eleven sessions involving participation from more than 120 states, the ad-hoc committee concluded its work. The centerpiece of the new regime is the Convention Against Transnational Organized Crime, supplemented by additional treaties (protocols), dealing respectively with Smuggling of Migrants, Trafficking in...
read moreHuman Rights and Human Trafficking: Quagmire or Firm Ground? A Response to James Hathaway by Anne Gallagher
In a Fall 2008 article published in the Virginia Journal of International Law, James Hathaway questions whether the elimination of trafficking is a worthy objective and an appropriate focus for international law. Specifically he charges that while the elimination of trafficking is billed as the answer to contemporary slavery, the focus on trafficking has unfairly ‘privileged’ a small group of exploited individuals and diluted efforts that could have been better spent addressing the much broader problem of human enslavement....
read moreDeveloping an Effective Criminal Justice Response to Human Trafficking by Anne Gallagher and Paul Holmes
Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While...
read moreDetention of Trafficked Persons in Shelters: A Legal and Policy Analysis by Anne Gallagher and Elaine Pearson
Since 2001, the United States Government has issued annual reports on the situation of human trafficking in every country other than its own identified by the State Department as having a significant trafficking problem. The focus of this article is on the standards that are being used in assessing the response of States to trafficking. The article examines the way in which the US judges the performance of countries while noting that international law already provides detailed and substantive guidance on the obligations of States in this area....
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