Trafficking Cases Research Articles

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.

“These Girls Never Give Statements”: Anti-Trafficking Interventions and “Victim-Witness Testimony” in India

Framing sex trafficking as primarily a law enforcement and criminal justice issue, the U.S. State Department funds global South NGOs to work with the Indian legal system to strengthen prosecutions of sex trafficking cases. Though rescuing sex workers and training them to testify against alleged traffickers is key to these interventions, and though rescued sex workers do sometimes testify, my ethnographic research and interviews with NGOs, legal actors, and sex workers in India revealed that this is a rare occurrence. This article explores the reasons behind this reported pattern, as well as the challenges faced by those who do testify. Through these findings, it critically examines the possibilities and limitations of the prosecutorial focus of U.S.-driven, NGO-mediated anti-trafficking interventions. It situates anti-trafficking interventions centered on “victim-witness testimony” in the Indian socio-legal context, demonstrating how prosecution is shaped by a range of factors, circumstances, and contingencies involving foreign-funded NGOs, the procedures, political economy and culture of the Indian legal system, individual legal actors’ motivations, and rescued sex workers’ complex subjectivities, experiences, choices, and perceptions of justice. It draws upon and contextualizes these findings to challenge prevalent assumptions about the victimhood of global South sex workers, about global South legal systems necessarily lacking resources and commitment, and about anti-trafficking solutions rooted in criminal justice incontrovertibly benefiting survivors of sex trafficking.

233.3: Organ Trafficking: The Portuguese Experience in Developing A Legal Framework and a Protocol of Conduct for Health Professionals for the Management of Patients Who Receive an Organ Transplant Abroad and Return Home for Follow-up Care and for Reporting Suspected Cases to Law Enforcement Authorities for Criminal Investigation

The existence of a world-wide illicit trade in human organs for the purposes of transplantation is a well-established fact, and various means have been adopted to combat this criminal activity, in particular the Council of Europe Convention against Trafficking in Human Organs. This Convention is the first international legal instrument that criminalizes all illicit transplant practices. Healthcare professionals who treat patients in pre transplant and post-transplant play a crucial role in prevention, detection and reporting organ trafficking. However, healthcare professionals face with medical, legal, and ethical challenges when confronted with suspected or confirmed cases of organ trafficking due to their duty to preserve medical confidentiality. We present the recently developed Portuguese Model for the implementation of the Convention against Trafficking in Human Organs. Firstly, we present the changes introduced in Portuguese criminal law for the criminalisation of organ trafficking, including the options made with respect to donors and recipients regarding their criminalisation or not, and the solutions adopted to ensure that acts committed outside the country by nationals or residents can also be punished. Secondly, we present a protocol/code of conduct to provide an appropriate framework to prevent and address transplant-related crimes for healthcare professionals. Such protocol provide guidelines for the management of patients, including on how to ensure traceability and biovigilance for patients who travel for transplantation, and indicators for the identification of signs of organ trafficking and/or human trafficking for the purpose of organ removal. Third, we introduce the Portuguese reporting mechanism for the communication of information about such cases to law enforcement authorities for the purposes of criminal investigation. Finally, we present the amendments made to the Medical Code of Ethics to address doctors’ concerns regarding medical confidentiality. The new regulation provide an exception to the duty of medical secrecy in relation organ trafficking and human trafficking for the purpose of organ removal.

Legal Protection for Victims of Trafficking in Persons From a Human Rights Perspective

This study aims to determine the legal protection for victims of trafficking in persons in terms of human rights perspective. This research is based on the fact that there are still cases of trafficking in persons and the protection of victims is still not effective. Victims are entitled to protection according to human rights guidelines. The author conducted this research using a normative research method using a statutory approach related to the object under study and also using a conceptual approach. The data collection technique used is secondary data consisting of primary legal materials, namely legislation and secondary legal materials in the form of books, scientific papers and data obtained. This study explains that a person who is a victim of trafficking in persons is entitled to protection in accordance with the provisions of the legislation as well as the provision of compensation rights to victims of trafficking in persons according to the human rights inherent in him. And this study also discusses the role of the government and the community in an effort to provide protection for victims of trafficking in persons to uphold human rights.

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 />

Defenders at Law: Assessing the performance of legal defense on Drug Trafficking cases in Brazil

Defenders at Law: Assessing the performance of legal defense on Drug Trafficking cases in Brazil

Kerja Sama Transnasional dalam Pemberantasan Perdagangan Orang (Human Trafficking) di Kamboja

Cambodia as a country with a low human development index still has to deal with the high number of trafficking cases in the country. Although Cambodia and two international nongovernmental organizations (INGOs), namely The Asia Foundation and the International Justice Mission (IJM) have collaborated to combat human trafficking in the country, these efforts so far have not shown maximum results. This research was also conducted to reveal what are the faktors that hinder the achievement of transnational cooperation goalsto combat human trafficking in Cambodia. This study uses several concepts such as poverty, low education, corruption, and other social and cultural faktors as domestic faktors that hinder the eradication of human trafficking. Meanwhile the theory used is the Theory of Stages of Norm Internalization from Martha Finnemore and Kathryn Sikkink and Theory of Transnational Relations and Domestic Structure from Thomas Risse-Kappen. On the other hand, the data collection technique in this research is literature study and for the data analysis technique, the researcher uses stages consisting of data condensation, data display, and conclusion drawing.Based on the analysis in this study, the causes of transnational cooperation got hinderedin combating human trafficking are divided into indirect causes which include the lack of a strong internalization process for human rights norm in Cambodia as a result of state-controlledcountry and direct causes which include poverty in the country, low education, corruption in law enforcement related to the eradication of human trafficking, as well as other social and cultural faktors in the form of debt bondage and lack of job opportunities in Cambodia.

An interdependent network interdiction model for disrupting sex trafficking networks

We map the organized sex trafficking networks (STNs) into a network flow model and develop an interdependent network interdiction model (NIM) to disrupt such networks. Our model considers the interdependence between the information and physical victim networks and reformulates the problem using duality theory. Our NIM provides a clear strategy for interdicting STNs. Namely, it determines when to monitor (i.e., gather information) or arrest the criminals to maximize the impact of the interdiction operation and cripple the network. We tested our NIM using three federally prosecuted sex trafficking cases in the United States of different sizes and structural properties: hybrid, international transactional, and Tenancingo models. Our experiments show promising results regarding the effectiveness of our NIM in all network types. In addition to that, we tested our model with an increasingly higher fraction of missing information to account for the inherently hidden nature of illicit networks. Our study provides analytical insight regarding (1) the importance of building the case prior to the arrests of criminals in illicit networks and (2) deploying a holistic strategy to improve interdiction and enhance the fight against sex trafficking.

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

Getting Out of Traffic: Applying White Collar Investigative Tactics to Increase Detection of Sex Trafficking Cases

Getting Out of Traffic: Applying White Collar Investigative Tactics to Increase Detection of Sex Trafficking Cases

A critical perspective on the administrative approach to crime prevention: The case of labour trafficking

A critical perspective on the administrative approach to crime prevention: The case of labour trafficking

A critical perspective on the administrative approach to crime prevention: The case of labour trafficking

Building on empirical data from Finnish enforcement agencies, we reflect on the challenges of the administrative approach to crime prevention. At the operational level, we identify explicit legal and implicit extra-legal limitations for using the administrative approach, that we call (1) ‘tunnel view’, (2) ‘structural siloes’, (3) ‘double role’, and (4) ‘blurred lines’. At the conceptual level, we consider the challenges of using the administrative approach in the context of labour trafficking. We argue that the initial set-up of the administrative approach that stresses the serious and organised crime paradigm limits understanding of the habitual and pervasive nature of labour trafficking . Nevertheless, administrative cooperation has the potential to contribute to full ‘labour justice’ as a governance framework that coordinates the efforts of public authorities and their multidimensional strategies to account for the entire labour exploitation spectrum.

A critical perspective on the administrative approach to crime prevention: The case of labour trafficking

A critical perspective on the administrative approach to crime prevention: The case of labour trafficking

‘It’s About Survival’: Court constructions of socio-economic constraints on women offenders in Australian human trafficking for sexual exploitation cases

Women make up more than half of the offenders convicted for human trafficking for sexual exploitation in Australia since 2005. This article explores how courts construct the financial motivations for women’s offending to examine how gendered structural constraints are considered in Australian trafficking cases. We explore data from the sentencing remarks and appeal transcripts from the ten cases of women convicted for human trafficking and analyse the two most recent cases to explore how women’s financial considerations are underpinned by the gendered socio-economic pressure of supporting family members. Using data from interviews with Australian judges and anti-trafficking experts, we examine the relationship between structural constraints and women’s agency and the relative weight each of these factors are given in sentencing women trafficking offenders. In doing this, we explore the overlap between victimisation and offending and the tensions between structural constraints and agency, arguing that the former must be taken into consideration when sentencing women trafficking offenders.

STRATEGY ANALYSIS OF HANDLING CIRCULATION AND ABUSE USING SWOT METHOD AT CLASS IIB RUTAN PRABUMULIH

This research is motivated by the increasing number of prisoners and convicts of narcotics crimes. So, it can grab the attention of the public and the government. This is based on several cases of narcotics trafficking that occurred in the correctional task force unit (UPT). The purpose of this study was to find out how the environmental conditions of the correctional task force unit (UPT) internally and externally in the strategy of dealing with drug trafficking in the Class IIB Rutan Prabumulih. This research is qualitative in nature which describes or describes the object under study and the observed phenomena on the phenomena that occur in the field. SWOT analysis is used to formulate service strategy. The results of the data management of the internal environmental strategy factors and the results of the external environmental strategy factor data management show that the condition of the prison organization is in a weak condition facing the challenges of narcotics trafficking in prisons. Therefore, the recommended strategy is a defensive or defensive strategy.
 Keywords:
 Drug Trafficking, Prisons, SWOT.

THE HORRENDOUS EFFECTS OF CHILD TRAFFICKING: A CASE STUDY IN ABAKALIKI URBAN AREA OF EBONYI STATE OF NIGERIA

The concept of child trafficking remains one of the quagmires facing Nigeria in recent times. This study, which was carried out in 2019, empirically examines the perceived effects of child trafficking on children in Ebonyi state of Nigeria. The objectives are to ascertain the different forms of child trafficking in Abakaliki urban of Ebonyi state; identify causes; determine the effect on the behaviour of the children, and suggest plausible ways of curbing the crime. The study employed an empirical survey. The population of the study which is 120,173 (NPC,2018) was extracted from Abakaliki Urban area and the sample size of the study which is 400 was computed using Taro Yamane statistic. Questionnaires and interviews were used as instruments for the gathering of data. Frequency tables/percentages were used to analyze the data as presented in this paper and to test the hypotheses of the study, the Chi-Square (X2) statistic was employed. The research reveals that child trafficking exists in Abakaliki urban of Ebonyi state. The research reveals further that the major causes of child trafficking in Abakaliki urban area of Ebonyi State are the quest for more income and greed. The research reveals further that child trafficking significantly affects the emotional state of children in Ebonyi state. With the proper measures put in places such as the creation of more job opportunities, persecution of offenders and proper monitoring of suspected cases of child trafficking, the case of child trafficking in the Abakaliki Urban Area can be curbed.

Maraknya Perdagangan Satwa Langka Di Era Pandemi Covid-19 Di Indonesia

Introduction: The era of the COVID-19 pandemic has not stopped the perpetrators of conservation crimes from carrying out their actions. The trade in endangered species, both online and offline, is becoming more and more common. Many cases of trade in endangered animals in Indonesia were carried out during this Covid-19 pandemic. Various types of endangered species that should be protected are actually traded and smuggled illegally. Weak law enforcement is also a crucial problem in resolving cases of trafficking in endangered species.Purposes of the Research: Efforts and participation by the Government, the community, and environmentalists in controlling the rate of illegal trade in endangered species are increasingly prevalent.Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative.Results of the Research: The impact of the trade in endangered species brings ecological and economic losses. Although the impact is quite influential, it does not stop the perpetrators of these conservation crimes from taking action. This is done to gain financial gain personally or illegally in groups. Community participation and government supervision need to be increased in suppressing the rate of increase in the trade of endangered species. Preventive and repressive supervision needs to be carried out as much as possible in breaking the chain of the rampant trade in endangered species that occurs in Indonesia.

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.