Chapter 5. Trafficking of Human Beings as a Human Rights Violation: Obligations and Accountability of States

Abstract

As non-State actors are not held directly accountable under international human rights law, this chapter examines the extent of obligations imposed upon States. While there may be a number of obligations which are pertinent to trafficking, the chapter explores four obligations applicable to all States regardless of their status as States of origin, transit or destination: these are obligations to (1) prohibit trafficking and related acts; (2) investigate, prosecute and punish traffickers; (3) protect victims of trafficking; and (4) address the causes and consequences of the practice. The chapter assesses the ability of the Trafficking Protocol to promote a human rights framework. It provides an analysis of an interaction among different branches of international law in relation to trafficking. The chapter ends with a note on the importance of global governance in addressing transnational organised crime, including trafficking of human beings.Keywords: global governance; human rights violation; human trafficking; international law; non-State actors; Trafficking Protocol