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A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

Author: Julia Planitzer; Helmut Sax
Publisher: Edward Elgar Publishing
ISBN: 9781788111553
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention’s monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention’s standards.

Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary’s concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.

Introduction

Julia Planitzer, Helmut Sax

PREAMBLE

Nora Katona

ARTICLE 1: Purposes of the Convention

Julia Planitzer

ARTICLE 2: Scope

Nora Katona, Helmut Sax

ARTICLE 3: Non-discrimination principle

Julia Planitzer

ARTICLE 4: Definitions

Helmut Sax

ARTICLE 5: Prevention of trafficking in human beings

Helmut Sax

ARTICLE 6: Measures to discourage the demand

Julia Planitzer

ARTICLE 7: Border measures

Julia Planitzer

ARTICLE 8: Security and control of documents

Julia Planitzer

ARTICLE 9: Legitimacy and validity of documents

Julia Planitzer

ARTICLE 10: Identification of the victims

Vladislava Stoyanova

ARTICLE 11: Protection of private life

Julia Planitzer

ARTICLE 12: Assistance to victims

Julia Planitzer

ARTICLE 13: Recovery and reflection period

Helmut Sax

ARTICLE 14: Residence permit

Julia Planitzer

ARTICLE 15: Compensation and legal redress

Barbara Linder

ARTICLE 16: Repatriation and return of victims

Ryszard Piotrowicz, Conny Rijken

ARTICLE 17: Gender equality

Siobhan Mullally

ARTICLE 18: Criminalisation of trafficking in human beings

Vladislava Stoyanova

ARTICLE 19: Criminalisation of the use of services of a victim

Siobhan Mullally

ARTICLE 20: Criminalisation of acts relating to travel or identity documents

Julia Planitzer

ARTICLE 21: Attempt and aiding or abetting

Katerina Simonova

ARTICLE 22: Corporate liability

Julia Planitzer

ARTICLE 23: Sanctions and measures

Katerina Simonova

ARTICLE 24: Aggravating circumstances

Katerina Simonova

ARTICLE 25: Previous convictions

Katerina Simonova

ARTICLE 26: Non-punishment provision

Ryszard Piotrowicz

ARTICLE 27: Ex parte and ex officio applications

Katerina Simonova

ARTICLE 28: Protection of victims, witnesses and collaborators with the judicial authorities

Conny Rijken

ARTICLE 29: Specialised authorities and co-ordinating bodies

Katerina Simonova

ARTICLE 30: Court proceedings

Vahnessa Espig, Julia Planitzer

ARTICLE 31: Jurisdiction

Katerina Simonova

ARTICLE 32: General principles and measures for international co-operation

Nora Katona

ARTICLE 33: Measures relating to endangered or missing persons

Helmut Sax

ARTICLE 34: Information

Julia Planitzer

ARTICLE 35: Co-operation with civil society

Julia Planitzer

ARTICLE 36: Group of experts on action against trafficking in human beings

Helmut Sax

ARTICLE 37: Committee of the Parties

Helmut Sax

ARTICLE 38: Procedure

Helmut Sax

ARTICLE 39: Relationship with the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organized crime

Julia Planitzer

ARTICLE 40: Relationship with other international instruments

Julia Planitzer

ARTICLE 41: Amendments

Helmut Sax

ARTICLE 42: Signature and entry into force

Vahnessa Espig

ARTICLE 43: Accession to the Convention

Vahnessa Espig

ARTICLE 44: Territorial application

Julia Planitzer

ARTICLE 45: Reservations