Människohandel: En analys av det folkrättsliga regelverkets tillräcklighet

Detta är en Uppsats för yrkesexamina på avancerad nivå från Stockholms universitet/Juridiska institutionen

Sammanfattning: Human trafficking is the fastest growing and the third largest transnational crime. It is driven by the demand for commercial sexual services and cheap labour, and the ample supply of vulnerable people to exploit together with a prevailing system of impunity makes it a highly profitable crime. It imposes grave human rights violations upon its victims, and has devastating effects on society. A global agreement to combat human trafficking – the Palermo Protocol – was adopted by the United Nations in the year 2000. This global agreement provides a legal definition for human trafficking and requires states to take actions to prevent human trafficking, prosecute the perpetrators and protect the victims. Most states have joined this agreement and have made subsequent efforts to implement it. The Council of Europe has adopted a specific convention that even strengthens it. Despite the many efforts to combat human trafficking the number of victims continue to increase and the number of convictions remain low. Some scholars suggest it is because of the incomplete or lack of national implementations, while other scholars suggest the international legal framework is inadequate. The main purpose of this thesis is to examine whether the international legal framework is adequate to combat human trafficking, and to discuss strengthening options. It uses a classical analytical legal method that examines and analyses the most relevant international agreements. Conclusions are that the Palermo Protocol focuses mainly on prosecution, requires too little preventing and protecting measures, and has a weak compliance mechanism. Human rights treaties also address human trafficking but their weak compliance mechanisms make them ill equipped to compel states to act. To combat human trafficking, measures to prevent, prosecute and protect are all crucial, and such measures can probably best be enforced by strengthening all relevant legal areas (human rights law, labour law, migrant law, refugee law and humanitarian law) and engaging all parts of society.

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