Recent Legal Developments in the Field of Human Trafficking: A Critical Review of the 2005 European Convention and Related Instruments

Abstract

In terms of both speed and substance, the development in human trafficking related norms and standards over the past several years is almost unprecedented in international law. This article examines the 2005 Council of Europe Convention on Action against Trafficking and the various legal and policy developments that led up to or otherwise intersect with this watershed agreement. The analysis focuses special attention on the issues of international obligation and responsibility around trafficking, particularly in relation to its important human rights dimensions. What exactly is required of States under the new European treaty in terms of specific actions and responses? How do these obligations compare to those contained in the UN Trafficking Protocol, adopted by the General Assembly five years earlier? How do they relate to other agreements developed within the European institutions? To what extent has the new European Convention remedied weaknesses in the international legal regime especially those related to protection of victims of trafficking? What are the main challenges ahead and is the Convention and its various implementing mechanisms up to meeting these challenges and thereby contributing to a more effective international law around trafficking?