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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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Labour Exploitation in Human Trafficking Law (Paperback)
Loot Price: R2,772
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Labour Exploitation in Human Trafficking Law (Paperback)
Series: Human Rights Research Series, 96
Expected to ship within 12 - 17 working days
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The 2000 Protocol to Prevent, Suppress and Punish Trafficking in
Persons Especially Women and Children, supplementing the United
Nations (UN) Convention against Transnational Organized Crime, is a
noteworthy achievement and, crucially, provides the first
internationally agreed definition of the human trafficking.
However, it fails to provide clarity as to the exact scope and
meaning of exploitation. Instead, it provides an open-ended list of
forms of exploitation that ''at a minimum'' amount to exploitation.
The international definition's preference for an enumerative
approach has subsequently been replicated in most regional and
domestic legal instruments. In the absence of a clear definition of
exploitation, it is difficult to draw the line between exploitation
in terms of violations of labour rights and extreme forms of
exploitation such as those listed in the UN Protocol; namely,
forced or compulsory labour, practices similar to slavery and
slavery. This book addresses this legal gap by seeking to
conceptualise labour exploitation in criminal law. The book uses
exploitation theory to understand its application in law. The legal
and theoretical analysis of exploitation first identifies the
foundational elements of exploitation and then applies them to a
comparative, empirical, domestic criminal case law analysis of two
European national legal orders: Belgium and England & Wales.
The book concludes with a proposition for a legal conceptualisation
of labour exploitation that identifies the necessary and sufficient
conditions that are required to determine whether or not the
involuntary provision of work or services amounts to labour
exploitation. The book's presentation of an evidence-based
conceptualisation of labour exploitation is not only of added value
for scholars but also for legal practitioners, policy makers and
civil society representatives who are required to interpret and
apply human trafficking law policy and practice in order to
determine the existence (or not) of exploitative working
conditions.
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