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Caribbean Anti-Trafficking Law and Practice

Caribbean Anti-Trafficking Law and Practice

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509946242
  • Published In: January 2021
  • Format: Paperback
  • Jurisdiction: Caribbean ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 562.50

HKD 545.63 Save HKD 16.87 (3%)

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  • Description 
  • Contents 
  • Details

    This monograph interrogates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective.

    It presents a compelling, empirically-based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, the operationalization of these measures has in practice been fraught by a number of challenges, whether of a normative, institutional or individual nature.

    The continued existence of these challenges strongly suggest that there exists a 'disconnect' between anti-trafficking law and practice, which is not peculiar to small-island developing States as they extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, the monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the 21st century.

    Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, it is hoped that this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

  • 1. Introduction
    I. Overview
    II. Locating the ‘Commonwealth Caribbean’
    III. Situational Overview
    IV. Further Afield
    V. Summary
    VI. Structure of the Monograph

    2. Theoretical Perspectives on Human Trafficking
    Introduction
    I. Economic Theory
    II. Criminology Theories
    III. Feminist Theories
    IV. Brief Reflections
    V. Analytic Eclecticism
    VI. Methodology
    Conclusion

    3. International Dimensions of Anti-Trafficking Law and Practice
    Introduction
    I. The Criminal Justice Approach
    II. The Human Rights Approach
    Conclusion

    4. The European Approach to Human Trafficking
    Introduction
    I. Situational Overview
    II. Legal Frameworks
    III. Political and Institutional Commitment
    IV. Public Awareness, Stakeholder Collaboration and Capacity Building
    V. Criminalisation and Sanctioning
    VI. Investigation, Victim Identification and Referral
    VII. A Victim-Centred Approach
    VIII. Protection of Trafficked Victims
    IX. Material, Medical and Psychological Assistance and Accommodation
    X. Protection and Support for Child Victims
    XI. Regularisation of Immigration Status, Repatriation and Reintegration
    XII. Compensation
    XIII. Hegemonic Assumptions
    Conclusion

    5. Anti-Trafficking Law and Practice in England and Wales
    Introduction
    I. Criminalising Trafficking in Persons
    II. Investigating Trafficking in Persons
    III. Identifying and Referring Victims of Trafficking
    IV. Discretionary Leave to Remain
    V. Support and Assistance of Trafficked Victims
    VI. Child Victims of Trafficking
    VII. Criminal Proceedings
    VIII. Compensating Victims of Trafficking for Harm Suffered
    IX. The Non-Punishment of Victims of Trafficking
    X. Institutional Commitment
    XI. Confiscation/Forfeiture of Assets
    XII. Prevention and Risk Orders
    XIII. Transparency in Supply Chains
    Conclusion

    6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice
    Introduction
    I. Domestic Legal Framework
    II. Normative Considerations
    Conclusion

    7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice
    Introduction
    I. Human Trafficking on the National/Regional Agenda
    II. Capacity Building
    III. Stakeholder Collaboration
    IV. Victim Identification and Referral
    V. Court Proceedings
    Conclusion

    8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice
    Introduction
    I. Primacy of Victims’ Rights
    II. Meeting the Basic Needs of Trafficked Victims
    III. Medical and Psychological Assistance
    IV. The Special Position of Child Victims
    V. Accommodation
    VI. Privacy and Confidentiality
    VII. Information, Documentation and Interpretation/Translation
    VIII. Regularisation of Victims’ Immigration Status
    IX. Repatriation
    X. Reintegration
    Conclusion

    9. Conclusion: The Way Forward
    Introduction
    I. General Findings
    II. Reforming Anti-Trafficking Law and Practice
    III. Summary

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