| Description |
1 online resource |
| Contents |
Cover -- State Responsibility for 'Modern Slavery' in Human Rights Law -- Copyright -- Contents -- Table of Cases -- Table of Legislation -- List of Abbreviations -- 1. Introduction -- 1.1 The Case for a Right Not to Be Trafficked -- 1.2 One Definition, Two Legal Contexts: Individual Criminal Responsibility versus State Responsibility under Human Rights Law -- 1.3 The Scope of the Book: Human Trafficking and the European Legal Space -- 1.4 Book Structure -- 2. On the Legal Nature of Human Trafficking -- 2.1 Human Trafficking as a Complex and Contested Phenomenon |
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2.2 A Brief History of Human Trafficking in International Law: From Law Enforcement to Human Rights and Not the Other Way Around -- 2.3 Competing Narratives on the Relationship between Human Trafficking and Human Rights Law -- 2.4 Human Trafficking as a Hybrid Legal Concept -- 2.5 The Value of the Human Rights Approach to Human Trafficking -- 2.6 Final Remarks on the Relationship between Human Trafficking and Human Rights Law -- 3. A Right Not to Be Trafficked? -- 3.1 From Palermo to Strasbourg: The Rantsev Case and the Inclusion of Human Trafficking in the Human Rights Framework |
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3.2 Saving Rantsev: A Case for the Right Not to Be Trafficked -- 3.3 The Notion of 'Modern Slavery' in Human Rights Law -- 4. The Notion of Exploitation: Theoretical Foundations of the Human Rights Prohibition of 'Modern Slavery' -- 4.1 The Insufficient Engagement with the Notion of Exploitation and International Law -- 4.2 Exploitation in Moral Philosophy -- 4.3 The Emerging Contours of the Concept of Exploitation in Human Rights Law -- 5. Positive Obligations as a Means of Establishing State Responsibility for 'Modern Slavery' in Human Rights Law |
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5.1 Non-state Actors and Human Rights Law: A Doctrine of Positive Obligations -- 5.2 The Rationale, Legal Basis, and Scope of Positive Obligations -- 5.3 Positive Obligations and 'Absolute' Rights -- 5.4 Positive Obligations versus Remedies when Rights Are Infringed by Non-state Actors -- 5.5 The Range and Classification of Positive Obligations: General and Specific Duties -- 6. Human Rights Obligations of States to Address 'Modern Slavery' -- 6.1 General Obligation to Establish an Effective Legal Framework -- 6.2 Specific Obligations: A Procedural Duty to Investigate 'Modern Slavery' |
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6.3 Specific Obligations: A Duty to Protect Victims of 'Modern Slavery' -- 6.4 Remedies for 'Modern Slavery': Individual Justice, Structural Change, and the Tale of the Two Courts -- 6.5 'Modern Slavery', 'Absolute Rights', and State Responsibility for Acts of Private Violence: New Horizons for the Human Rights Jurisprudence -- 7. The Role of Specialised Anti-trafficking Instruments in Shaping Human Rights Obligations of States to Address 'Modern Slavery' -- 7.1 The Palermo Protocol and States' Obligations to Tackle Human Trafficking |
| Summary |
Do humans have a right not to be trafficked? This book examines the legal nature of human trafficking and its relationship with human rights law. Drawing on the jurisprudence of the European Court of Human Rights, it shows that human trafficking is indeed a human rights violation requiring legislative and institutional responses from states |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed March 13, 2023) |
| Subject |
European Court of Human Rights.
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| SUBJECT |
European Court of Human Rights fast |
| Subject |
Human rights.
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Human trafficking (International law)
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Government liability (International law)
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Government liability (International law)
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Human rights
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Human trafficking (International law)
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International law.
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Law.
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| Form |
Electronic book
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| ISBN |
9780192692665 |
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0192692666 |
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9780192692672 |
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9780191959226 |
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0191959227 |
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0192692674 |
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