Labour Exploitation in Human Trafficking Law

Human Rights

Labour Exploitation in Human Trafficking Law

By Amy Weatherburn
Intersentia Publishers June 2021

Specifications

ISBN-13
9781839701542
Publisher
Intersentia Publishers
Publication
June 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

Table of Contents

Introduction
Amy Weatherburn
PART I. EXPLOITATION IN POLITICAL THEORY
Chapter 1. An Exploration of Exploitation in Political Theory
Chapter 2. The Conditions of Exploitation in Political Theory
PART II. LABOUR EXPLOITATION IN LAW
Chapter 3. The Legal Understanding of Human Trafficking for the Purpose of Labour Exploitation
Chapter 4. The Legal Understanding of Slavery, Servitude and Practices Similar to Slavery
Chapter 5. The Legal Understanding of Forced or Compulsory Labour
Chapter 6. Obstacles to the Legal Clarification of Labour Exploitation
PART III. LABOUR EXPLOITATION IN THE CRIMINAL LAW OF BELGIUM AND ENGLAND AND WALES
Chapter 7. The Formal and Substantive Criminalisation of Labour Exploitation in Belgium and England and Wales
Chapter 8. The Judicial Interpretation of the Material Scope of Labour Exploitation in Belgium and England and Wales
Chapter 9. The Judicial Qualification of Labour Exploitation in Law: the Role of Indicators
PART IV. CONCEPTUALISING LABOUR EXPLOITATION IN HUMAN TRAFFICKING LAW
Chapter 10. The Conceptualisation of Labour Exploitation in Human Trafficking Law: a Proposal
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