INTERNATIONAL MECHANISM FOR PREVENTION OF TRAFFICKING OF WOMEN AND THE LEGAL ANGLE RELATED TO THIS
DOI:
https://doi.org/10.29121/shodhkosh.v5.i6.2024.2173Keywords:
Edward Soja, Third Space Theory, William Shakespeare, As You Like It, Forest of Arden, Spatial Dynamics, Identity Transformation, Social Relations, Liminality, HybridityAbstract [English]
The research paper titled ‘‘International Mechanisms for Prevention of Trafficking of Women and The Legal Angle related to this" deals with the multifaceted and critical issue of trafficking of women, exploring the intricate web of international mechanisms and legal frameworks that seek to prevent and address this grave violation of human rights. The paper delves into the systemic factors, vulnerabilities, and repercussions of trafficking, with a specific focus on its disproportionate impact on women. The research systematically examines a range of international mechanisms, agreements, conventions, and protocols that have been established to combat trafficking, shedding light on the collaborative efforts of the nations and many international organizations to eradicate this heinous practice. This research paper examines the global frameworks established to prevent and address trafficking in women, and explores the legal dimensions and implications of these frameworks. Drawing on a comprehensive array of legal sources, case studies, and empirical data, the paper dissects the legal dimensions of trafficking, analysing the complexities of defining and prosecuting this crime on a global scale. It scrutinizes the challenges posed by differing legal definitions and interpretations across jurisdictions, highlighting the necessity for harmonization and standardization of legal frameworks to effectively address trafficking and provide justice for victims. The paper also investigates the vital role of international organizations, including the United Nations and its various agencies, in developing and executing strategies for prevention, victim protection, and prosecution.
Ultimately, the research paper underscores the urgent necessity for a unified and coordinated international strategy to tackle the trafficking of women. It underscores the importance of aligning legal frameworks, enhancing cross-border cooperation, and fostering a global commitment to eradicating this abhorrent practice. By shedding light on the intricate web of international mechanisms and legal angles surrounding trafficking of women, the research paper contributes valuable insights and recommendations to the ongoing global efforts to prevent and address this deeply concerning violation of human rights.
References
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S. Sen and P.M. Nair, A Report on Trafficking in Women and Children in India 2002-2003 2 (NHRC - UNIFEM - ISS Project, New Delhi, 2004), available at: https://dx.doi.org/10.29121/shodhkosh.v5.i6.2024.2173 DOI: https://doi.org/10.29121/shodhkosh.v5.i6.2024.2173
Available at: http://www.unodc.org/documents/middleeastandnorthafrica/organisedcrime/UNITED_NATIONS_CONVENTI3
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The Government of India signed the Palermo Protocol on December 12, 2002 and ratified it in May, 2011.
The Palermo Protocol, article 3(a).
The Palermo Protocol, article 3(a).
Saurav Roy, “Trafficked tribal girls forced to conceive, deliver babies for sale” Hindustan Times, February 25, 2015; B Vijay Murty, Saurav Roy, “Selling girls a business in Jharkhand, everybody has a share in the 'trade'” Hindustan Times, March 02, 2015
Louise Yaxley, “International surrogacy is new frontline in human trafficking” says Judge John Pascoe: Indian case sparks renewed calls for inquiry, October 9, 2014, available at: http://www.abc.net.au/news/2014-10-09/surrogacy-claims-strengthen-calls-for-inquiry/5800258 last visited on 23/08/2023.
The Protocol against the Smuggling of Migrants by Land, Sea and Air was adopted by the General Assembly resolution 55/25 and entered into force on January 28, 2004.
Ibid., article 3 (a): “Smuggling of migrants shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.”
Ibid., statement of purpose, article 2.
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The SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, article II defines the scope of the Convention as: “The purpose of this Convention is to promote cooperation amongst member states so that they may effectively deal with the various aspects of prevention, interdiction and suppression of trafficking in women and children; the repatriation and rehabilitation of victims of trafficking and prevent the use of women and children in international prostitution networks, particularly where the countries of the SAARC region are the countries of origin, transit and destination.”
Id., article I (3): “Trafficking means the moving, selling or buying of women and children for prostitution within and outside a country for monetary or other considerations with or without the consent of the person subjected to trafficking.” Article I (5): “Persons subjected to trafficking means women and children victimised or forced into prostitution by the traffickers by deception, threat, coercion, kidnapping, sale, fraudulent marriage, child marriage, or any other unlawful means.”
App no 25965/04, IHRL 3632 (ECHR 2010), 7th January 2010.
F. Supp. 3d 282 (E.D.N.Y. 2019)
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