Human Trafficking Cases Research Articles

Human trafficking in Spain: A quantitative case-law analysis

Human trafficking was criminalised in Spain in 2010. Since then, limited work has been done on the quantification and identification of this phenomenon. Those that do exist, moreover, are based on incomplete data, and consist only of cases formally identified by the police, which have a very clear bias towards trafficking for the purpose of sexual exploitation. In an effort to increase empirical knowledge, this paper presents the results of a quantitative study of all the judgments (N = 221) delivered by Spanish Provincial Courts in human trafficking cases between 2011 and 2019 available in the Spanish Judicial Documentation Centre's (CENDOJ) public case-law database. The aim of the research was to determine how many cases of human trafficking had been tried in court and the types of trafficking involved in order to compare that information with the data reported in prevalence studies. The results confirm what previous research has shown. In this sense, the relationship between the nationalities of defendants and victims is confirmed. Also, the fact that the Spanish criminal justice system is too focused on trafficking in human beings for the purpose of sexual exploitation, whose victims represent 85% of known cases. The victims detected, in contrast to what is indicated by UNODC (2020), are mostly foreign women. This work therefore highlights the need to address the prosecution of human trafficking in a more holistic way, in which cases of trafficking for labour exploitation or cases involving Spanish victims would not be hidden.

Restorative Justice in Cases of Seafood Slavery

ABSTRACT Advocates of restorative justice have argued that conventional approaches to criminal justice primarily through state-provisioned punishment neither meet the needs of victims nor significantly deter offenders. To date, limited academic research has been conducted on restorative justice in human trafficking cases. Therefore, in this study, we examine the extent to which restorative justice is being applied to victims in cases of seafood slavery, drawing from two registers of restorative justice for the analysis: participation and amends. We used data from an ongoing human trafficking study in the Asia–Pacific’s distant waters fisheries sector, and we discussed the Giant Ocean case and the Trinidad and Tobago case that were prosecuted in Cambodia and Indonesia, respectively. We found limited evidence that victims participated meaningfully in any way in their respective legal cases, and we observed several deficiencies in delivering amends, especially regarding compensation for victims in both cases. This paper concludes with recommendations for government and non-government anti-trafficking stakeholders to better facilitate opportunities that enable victims to pursue restorative justice processes.

Fostering Human Dignity as an Effective Social Measure Against Human Trafficking in Ukraine

Due to the 2022 invasion, there is a growing interest in Ukraine as human trafficking cases increase. Results of the study showed that the main victimising factor was not material difficulties as commonly believed. The transgenerational trauma identified by psychologists was caused by the Holodomor in Ukraine in 1932-1933. Also, one of the causes is the comparable consequences of other Soviet repressions against the Ukrainian people, including the destruction of the identity of Ukrainians across many generations. This study may be useful in the context of studying human trafficking, migration, refugees and the demographic consequences of the war in Ukraine.

Child Trafficking Victim Protection in the United Arab Emirates Legislation from the Perspective of Islamic Jurisprudence

This study examines the model of protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence, through research, analysis, and legal texts in UAE law related to human trafficking crimes, and through research on Sharia provisions in Islam. This study aims to examine the protection model for victims of child trafficking in the UAE legislation and Islamic jurisprudence, analyze the effects of the phenomenon of child trafficking, and evaluate the model for protecting victims of child trafficking in the UAE from the perspective of Islamic jurisprudence. To achieve these objectives, the researcher applies the descriptive-analytical method. The study concludes that the crime of child trafficking is not a domestic crime in the United Arab Emirates, but rather a crime with an international and global dimension The United Arab Emirates is a catalyst for the crime of human trafficking as a result of its high degree of safety, the multiplicity of nationalities inhabiting it and suffering from poverty in their countries of origin .The spread of poverty, unemployment, the desire to get rich quickly, the weakness of moral and religious scruples, and the lack of censorship on websites are among the most important reasons for the spread of the crime of child trafficking .Despite the various intensive efforts to combat this crime, following the instructions of the Islamic Sharia, which laid down provisions and texts that meet the protection of human beings in all aspects of life from inception to death, the rate of human trafficking cases in the United Arab Emirates is constantly increasing .The most important recommendations of the study are the need for government legal authorities to make greater efforts to organize and follow up the residency and nationalities of foreigners, especially children, as they are closely related to the crime of human trafficking.

Human trafficking in the health care setting: recommendations for the physical medicine and rehabilitation provider

Purpose This study aims to provide trauma informed recommendations for screening and discusses responsibilities of the physical medicine and rehabilitation (PM&R) provider for responding and advocating for patients experiencing human trafficking. Materials & methods Existing literature relating to human trafficking across rehabilitation settings was reviewed. In addition, two cases of human trafficking in the rehabilitation setting are presented, including a confirmed case of human trafficking in an adult and a suspected case of human trafficking in a child. Results No literature describing human trafficking in the PM&R setting was found. Four articles were found focusing on human trafficking in occupational health settings as opposed to physiatry, which were published in occupational health journals. Conclusions There is a paucity of literature offering recommendations for screening and responding to suspected human trafficking situations in rehabilitation settings. Policies on human trafficking are needed in areas of rehabilitation such as polytrauma, brain injury, spinal cord injury, and musculoskeletal impairments in the adult and pediatric population. Those working with potential victims of human trafficking should employ a patient-centered, trauma-informed approach in which the patient’s freedom of choice is emphasized. IMPLICATIONS FOR REHABILITATION Human Trafficking • There are no official policy statements on human trafficking by physical medicine & rehabilitation organizations. • Trafficked persons often present with impairments that may be treated in the rehabilitation setting. • Physiatrists may play a powerful role in identifying the needs of trafficked persons. • We recommend a trauma-informed, multidisciplinary approach to managing these patients throughout their rehabilitation.

The Demographic Characteristics of Federal Trafficking Defendants: Who are the Offenders?

ABSTRACT Because it commodifies humans and their labor, human trafficking is distinct from other crimes and from other types of trafficking, including drug trafficking, the most frequently-prosecuted trafficking crime. The underlying social networks and organizational structures of these trafficking crimes may also differ, resulting in potentially significant differences among the offenders themselves. Using 21 years of data from the Federal Justice Statistics Program in a quantitative research design, we examined whether significant demographic differences exist between defendants charged with drug or human trafficking, and within human trafficking, between those charged with labor or sex trafficking. Further, because federal statutes differentiate among the severity of sex trafficking crimes, we assessed whether significant differences exist among sex trafficking defendants, depending on the severity of the crime with which the defendant is charged. Results indicate that human trafficking defendants differ in important respects from drug trafficking defendants. When separating human trafficking crimes into labor and lower- and higher-penalty sex trafficking, statistically significant differences among defendants remain. Notably, males and White/White Hispanic defendants in human trafficking cases are most likely to be charged with serious, higher-penalty sex trafficking. Female defendants are more likely to be charged with lower-penalty crimes that do not involve minor victims or the use of force. The networks and opportunity structures necessary to support severe forms of trafficking may therefore be dominated by male offenders. Although recent media attention has focused on female offenders in sex trafficking cases, researchers and policymakers should note that these cases do not reflect historical trends.

Legal Protection for Women and Children as Victims of Human Trafficking in Indonesia

Introduction to The Problem : The background of this research is the existence of problems related to legal protection policies for women and children who are victims of human trafficking in Indonesia. Based on data from the Ministry of Foreign Affairs, it is known that there were 35 victims of human trafficking in 2010, while in 2011 and 2012, there were 33 people and 92 people, respectively. One of the policies made by the government regarding the above problems is Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. However, it is found that this law has not been able to reduce human trafficking in Indonesia. In addition, this law is considered ineffective in fulfilling the rights of victims in which the criminal law's provision of protection to victims of human trafficking has not yet produced a clear pattern. Purpose/Objective Study : This study aims to analyze the legal protection for women and children as victims of human trafficking in Indonesia. Design/Methodology/Approach : This research is normative legal research (juridical normative) which uses a statute approach and a conceptual approach related to legal protection for women and children victims of human trafficking in Indonesia. Research results are further associated with the values contained in Human Rights. Findings : Based on the description above, the problems found are as follows: The number of cases of human trafficking in Indonesia continues to increase; Legal protection efforts for women and children victims of human trafficking viewed from a human rights perspective in Indonesia have not been effective; The form of protection for victims of human trafficking by criminal law has not yet shown a clear pattern. Paper Type : Research Article

LAW ENFORCEMENT FOR SERVICE PROVIDERS AND ONLINE CHILDREN PROSTITUTION VENDORS (A FORM OF LEGAL REFORM IN HANDLING CRIMINAL CASES FOR CHILDREN)

<span class="fontstyle0">This study discusses the enforcement of Law No. 21 of 2007 against perpetrators of child prostitution and also protects children as peddlers. cases of child prostitution in 2018 that have been recorded by the KPAI reached 93 cases spread throughout Indonesia. In 2020 there are also cases of online prostitution that ensnare children, in Kalibata City. As for then the main problem discussed in this scientific paper is how the implementation of Law No. 21 of 2007 takes action against perpetrators of child prostitution and also provides protection for children as peddlers. The research method used in this research is a normative research method<br />with a statutory approach. Based on the results of the research conducted, it can be concluded that the lack of law enforcement in human trafficking cases involving child prostitution where we emphasize that children in prostitution cases must be seen as victims and exploitation behavior must be considered a crime by Law Number 21 of 2007 Regarding the Eradication of the Crime of Trafficking in Persons Article 5 Jo. number 8.</span> <br /><br />

Malaysia Sebagai Negara Tujuan Human Trafficking Dari Indonesia Studi Kasus: Provinsi Nusa Tenggara Timur


 Almost every province in Indonesia has cases of Human Trafficking, including the Province of East Nusa Tenggara. In 2017, East Nusa Tenggara Province became the area of ​​the highest Human Trafficking case in Indonesia. This is motivated by factors of poverty, lack of employment opportunities, culture, social class differences and globalization. Some of these factors attracted the author's attention to conduct research on Human Trafficking in East Nusa Tenggara and Malaysia as destination countries. In this study, the author uses modernism theory and Marxism theory as critical theory, which is analyzed based on qualitative research methods and uses the Lingko system as a problem solving method in preventing the recruitment process of Human Trafficking in East Nusa Tenggara. The Lingko system is a land division system in Manggarai. However, prevention through the Lingko System also requires an effective role from the government and the people of East Nusa Tenggara in improving the quality of education, serious law enforcement, eliminating social class differences and providing employment opportunities for the people of East Nusa Tenggara.
 Keywords: Human Trafficking, Lingko System, East Nusa Tenggara, Indonesia and Malaysia

Challenges in Prosecuting Human Trafficking Cases: The Role of Expert Witness

To be ranked at Tier 1 in the Trafficking in Persons (TIP) report, Section 108 of the Trafficking Victims Protection Reauthorization Act requires the state parties to comply with its minimum standards in combating human trafficking. Unfortunately, some states parties, including Malaysia failed to meet the minimum standards in curbing the monstrous crime fully. Their failure to be in Tier 1 is contributed by a few reasons, including the lack of success in prosecution. According to the United Nations Office on Drugs and Crime, the low number of convictions of traffickers is due to the absence of anti-legislation, lack of trained law enforcers and prosecutors and corruption among the stakeholders. In 2021, the U.S State Department has downgraded Malaysia's ranking in TIP report from Tier 2 to Tier 3. The main reason for the decline was that the government did not adequately address credible allegations from multiple sources alleging labour trafficking involving refugees, migrants, and domestic workers. To be in Tier 1, Malaysia should consider having expert testimony to secure convictions. Using qualitative research method, this paper examines the relevance of expert witness in human trafficking cases from Islamic, Malaysia and international perspectives. This paper further recommends its use in court to secure conviction against traffickers and protect the victims.

Human Trafficking during the COVID-19 Pandemic at Border Land Malaysia-Indonesia, West Kalimantan

The covid-19 pandemic threatens public health alone, therefore most governments in various countries in the world affected by covid-19 take steps in the form of mobility restriction policies to prevent the spread of the virus in the community this also applies in Indonesia. Restrictions on people's mobility make the problems experienced by the community more complex and difficult to control, the number of mass layoffs becomes a trigger for high unemployment in Indonesia. This research uses descriptive qualitative methods. Data collection is done through an online repository, by filtering keywords in search; criminal acts of trafficking, women migrant workers, protection of migrant workers and handling of trafficking cases in the period of emigrants. Each author is tasked with collecting data based on search keywords. Based on the results of research, the high unemployment rate in the pandemic period became one of the main triggers for the criminal act of trafficking in persons. The situation of female migrant workers working abroad is increasingly complex because some of them are undocumented and some have been over-stayers. There are currently around 6 to 8 million Indonesian migrant workers abroad and the majority of them are women. Cases of human trafficking in the border region during the COVID-19 pandemic increased with economic mode. The closure of cross-border postal access is not effective enough in suppressing cases of trafficking at the country's borders. Various efforts have been made by the Indonesian government ranging from implementing policies to efforts to cooperate with various stakeholders — namely the government as regulators, policy makers, as well as law enforcement, and private parties as business actors / recruiters of labor and banking, as well as civil society institutions that are the driving force – to seek protection for Indonesian migrant workers abroad.

The Issues of Child Trafficking in Southeast Asia

Child trafficking is a modern-day slavery, which involves the use of force, fraud, or coercion to obtain a certain type of labor or act of commercial. The trafficking of humans a serious crime that gravely violates the fundamental human rights. Almost every country in the world is involved in trafficking of children. Every year, millions of children are trafficked, and the estimation shows that child trafficking generates billions of dollars of profit per year. Nevertheless, many cases of human trafficking involve forced labor, there are larger socio-economical reasons behind the dreadful cycle. Many of the southeastern countries are still developing, with number of population under the poverty line. As a result, some families are forced to sell their own children into the slavery, leaving no other means of survival left besides. With such reasons, it is critical for the countries to develop with the people by the side, leaving no one behind, with a long-term goal to create a more stable social environment, by creating more jobs, for instance.

Human Trafficking on Illegal, Unreported and Unregulated Fishing Cases as Transnational Crime on Indonesia Coastal Boundary

Indonesian strategic archipelago allows rapid migration of goods and services to its neighbor countries. Along with goods and services, the wide coastal area also facilitates migrant worker to enter and exit Indonesia through several ports. First and foremost interference on the borderless coastal boundary is Illegal, Unreported and Unregulated (IUU) Fishing. The IUU foreign fishing vessels frequently transporting illegal migrant worker obtained through human trafficking, people smuggling, forced labor, child exploitation, torture, and discrimination. This practices can then be categorized as one of the transnational organized crime at sea. This paper focuses on the studies of notorious cases of human trafficking on IUU Fishing. This journal will also observe the lack of prevention measure of transnational crime on UNCLOS and utilization of bilateral and multilateral treaties on IUU Fishing.

Prostitute or human trafficking victim? Police discernment of human trafficking

PurposeIn 2018, the National Human Trafficking hotline received 275 cases of human trafficking in Pennsylvania, a higher than average portion of the 10,949 human trafficking cases received for the USA. Whether human trafficking victims receive services or enter the criminal justice system as prostitution offenders depends on how police identify them, as police officers are usually the first to interact with human trafficking victims. Thus, understanding how police identify human trafficking is important. The purpose of the study is to explore Pennsylvania police perceptions of human trafficking.Design/methodology/approachScenarios were presented in a survey to 489 Pennsylvania police officers.FindingsPolice training improved officer identification of human trafficking (vs prostitution) involving older victims. Officers with more tenure were less likely to identify older victims of human trafficking than officers with less tenure. However, older officers were better able to successfully identify older (i.e. age 25 years) victims of human trafficking, but officer age had no effect on identifying younger (i.e. age 15 years) victims of human trafficking. The implications are discussed in the study.Originality/valueThe study contributes to the literature by testing (1) whether training affects police ability to identify human trafficking victims in a scenario, controlling for other factors and (2) whether victim age affects officer identification of human trafficking victims. More officers correctly identified younger victims of human trafficking when force was explicitly stated, but more officers misidentified younger victims when force was not explicitly stated and older victims when force was explicitly stated.

Human Trafficking of People with a Disability: An Analysis of State and Federal Cases

The current academic discourse examining human trafficking is lacking in focus on survivors with a disability. The increased likelihood of abuse experienced by people with a disability is well documented in the research literature, and a small body of research indicates heightened sex trafficking victimization of minor girls with a disability. Yet, very little research specifically examines sex and/or labor trafficking of people with a disability, and no systematic research analyzes prosecuted cases of trafficking with disability as the focal point of analysis. Drawing from a content analysis of 18 federal and 17 state cases of human trafficking, the current study specifically aimed to increase our understandings of sex and labor trafficking involving survivors with a disability. The findings revealed the following patterns and themes: 1) the type of trafficking experienced (sex, labor, or both), 2) whether state level or federal cases 3) the types of disabilities identified among trafficking survivors, 4) the nature of the relationship between traffickers and survivors, 5) methods of recruitment, 6) case outcomes; and 7) demographic characteristics of traffickers and survivors (e.g., gender/citizenship). Implications include prevention efforts in the form of developmentally grounded sex education and healthy relationships curriculum for survivors with an intellectual disability, as well as specialized anti-trafficking training for those in legal, healthcare, and social services that is inclusive of people with a disability.

Charging Ahead: Prosecuting Human Trafficking Cases Without Victim Cooperation

Charging Ahead: Prosecuting Human Trafficking Cases Without Victim Cooperation

Web Application based Image Geolocation Analysis to Detect Human Trafficking

Migrant smuggling is a dangerous phenomenon threatening international peace and security. This global concern for many countries is mainly due to the high use of multimedia devices and social media. There are great demands to specify an in depth gathering of information about a suspect’s mobile device while investigating cases of human trafficking and migrant smuggling. The primary purpose of this study is to help resolve the human trafficking problem that currently faces Sudan. In this paper we cover the steps used to geolocate images captured from suspects and victims’ mobile devices cameras. The obtained images are then analyzed using our specialized developed web application. This latter is built using open-source tools such as the Laravel framework and a Google Maps API which is considered as the main component of the web application. The results of the developed web application on a real case in Sudan has proven its usefulness in easing and speeding up the digital investigation process

International experience of crime investigation in the field of human trafficking

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.

Legal Protection of Child Victims of Human Trafficking (Human Trafficking) District in South Central Timor Review of Law Number 35 Year 2014 Regarding Child Protection

The increase in cases of human trafficking is a problem that has an impact on post-modern civilization. The uneven distribution of opportunities for education for the lower middle class has resulted in many cases of children dropping out of school due to higher education costs, uneven health services in various regions, and the influence of negative issues in the spotlight at home and abroad..In the eastern part of Indonesia, cases of human trafficking generally occur in rural communities with hidden recruitment by the perpetrators coming from the family environment and closest relatives as happened in South Central Timor, among others: Adoption of children who are not appropriate procedural and illegal; Culture (Oko Mama) and family; Become a worker with the promise of a large salary and a decent living; Approach through romance; and kidnapping of victims. Human trafficking cases, both domestically and abroad, are carried out with various modus operandi that are increasingly diverse and complex, so that a comprehensive and synergistic handling is needed. The results of research into criminal acts of human trafficking in East Nusa Tenggara must receive special handling from the government, law enforcement officials, families and communities so that they do not develop which have an effect on children. In addition, children must also receive attention both in growth and development in the community and in terms of education wherever they are and the social impacts that arise on lifestyle changes and on educational orientation..

International Legal Instruments in Responding to Human Trafficking

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally.
 KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.