A Human Rights Based Approach to Trafficking in Human Beings in Theory and Practice

24 Pages Posted: 20 May 2008  

Conny R.J.J. Rijken

Tilburg Law School

Dagmar Koster

affiliation not provided to SSRN

Date Written: May 2008

Abstract

Although a human rights based approach to trafficking in human beings is often proclaimed in words, states seem to be reluctant to really implement such an approach. This article provides the necessary steps to put this approach into practice. One of the steps is the introduction of a Victim Assistance and Protection Package (VAPP), based on existing mechanisms for victim protection at the international, European, and national levels. A VAPP should apply to all victims of trafficking in human beings (THB) regardless of whether they cooperate with the authorities or not. The article furthermore considers the contribution of the criminalisation of those who intentionally make use of the services of victims of THB to a human rights based approach. This is suggested by Article 19 of the Convention on Action against Trafficking in Human Beings from the Council of Europe. In this regard the Swedish and the Dutch policy regarding prostitution are compared. The state obligations based on the international human rights documents are analysed in order to complete the picture of a human rights based approach to THB.

Keywords: Trafficking in Human Beings, Victim protection, State obligations, Criminalising consumers, Prostitution

JEL Classification: K14

Suggested Citation

Rijken, Conny R.J.J. and Koster, Dagmar, A Human Rights Based Approach to Trafficking in Human Beings in Theory and Practice (May 2008). Available at SSRN: https://ssrn.com/abstract=1135108 or http://dx.doi.org/10.2139/ssrn.1135108

Conny R.J.J. Rijken (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Dagmar Koster

affiliation not provided to SSRN ( email )

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