European perspective of the phenomenon of human trafficking and its transboundary nature

Abstract

The topic “Trafficking of human beings” as subject to advanced studies has been chosen due to a growing interest linked with the phenomenon in question. The study introduces a legal-criminal overview of the criminal activity consisted of the recruitment, transport, transfer or reception of persons by means of force or forms of fraud for exploitation purposes. Human trafficking represents a threat for the security of member states. The trend to penetrate to all spheres of the society has obliged the European states to draft a new directive reflecting the growing concern about the phenomenon in question, by respecting human rights in accordance with the legal framework under the United Nations, International Labor Organization (ILO), Council of Europe etc. The new European priorities aim at victims’ identification, their protection and prevention of the phenomenon and more intense criminal prosecution of traffickers. With the view of fully developing this topic, the outline consists of four chapters preceded by a historical background of human trafficking. Special importance in this study, specifically in the second chapter, is attached to the assistance and protection of the victims of human trafficking. It is crucial that these victims exercise their rights effectively. Therefore, the European directives foresee assistance and support before, after and during the criminal proceeding. The third chapter refers to the relevant legal mechanisms in this field assuring the victims of trafficking legal defense, the right to information and their social, psychological and physical recovery. One of the “key” legal instruments is the Palermo Convention, which gives for the first time a detailed definition of the term of trafficking and smuggling and makes the differences between them. All legal instruments converge to one point: the consent of the human trafficking victim is not important when it is used any of the means of force, threat, coercion or fraud. Finally, apart from the conclusions of the present study, distinguished practical cases are introduced, as well as statistical data and difficulties encountered during the criminal process.

DOI: 10.5901/mjss.2014.v5n19p316