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Book Cover
E-book
Author Muraszkiewicz, Julia Maria

Title Protecting Victims of Human Trafficking from Liability : the European Approach
Published Cham : Palgrave Macmillan US, 2018

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Description 1 online resource (222 pages)
Series Palgrave Studies in Victims and Victimology Ser
Palgrave Studies in Victims and Victimology Ser
Contents Intro; Contents; Abbreviations; 1 Introduction; How Trafficked Persons Commit Crimes; Aims of the Book Through the Prism of Multiple Looking Glasses; Terminology; References; 2 Human Trafficking; Introduction; What Is Human Trafficking: The Legal Definitions; Breaking Down the Definition; Framing of the Definition; Action Element of the Definition; Means Element of the Definition; Exploitation Element of the Definition; Exploitation Is Not a Crime in the Context of Directive 2011/36 on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims
A Few Words on the Context of Human TraffickingConclusion; References; 3 Rationale for the Non-liability Principle; Introduction; Who Is a Victim of Human Trafficking: The Legal Definition; Examples of Trafficked Victims Held Liable; Criminal Law Theory; Human Rights Law and the Non-liability Principle; Human Rights Law and the Non-liability Principle: Dignity; Human Rights Law and the Non-liability Principle: Human Rights Instruments; Human Rights Law and the Non-liability Principle: Case Law; Human Rights Law and the Non-liability Principle: Final Points; Need to Fight Human Trafficking
Are We Impending the Rights of the Accused Traffickers?Conclusion; References; 4 Non-liability in European and International Law; Introduction; Article 26 of the 2005 Council of Europe Convention; Article 26 of the 2005 Council of Europe Convention and Its Drafting; The Content of Article 26 of the 2005 Council of Europe Convention; Article 8 of the 2011 EU Directive on Human Trafficking; Non-liability in International Law; Relation to Similar Provisions; Defences for Other Special Category Victims; Comparison with Persons in Abusive Relationships; Child Soldiers; Conclusion; References
5 Dissecting Article 26 of the 2005 Council of Europe ConventionIntroduction; First Component of Article 26: "Each Party Shall, in Accordance with the Basic Principles of Their Legal System ... "; Second Component of Article 26: "Provide for the Possibility ... "; Third Component of Article 26: "Of Not Imposing Penalties"; Fourth Component of Article 26: "On Victims ... "; Fifth Component of Article 26: " ... for Their Involvement in Unlawful Activities, to the Extent That They Have Been Compelled to Do So"; Missing Element: Children; Conclusion; References
6 Dissecting Article 8 of the 2011 EU Human Trafficking DirectiveIntroduction; First Component of Article 8: "In Accordance with the Basic Principles of Their Legal System"; Second Component of Article 8: "Take Necessary Measures to Ensure Competent National Authorities Are Entitled Not to ... Prosecute or Impose Penalties"; Third Component of Article 8: "Prosecute or Impose Penalties ... for Their Involvement in Criminal Activities"; Fourth Component of Article 8: "On Victims of Trafficking in Human Beings."
Notes Fifth Component of Article 8: "For Their Involvement in Criminal Activities Which They Have Been Compelled to Commit as a Direct Consequence of Being Subjected to Any of the Acts Referred to in Article 2."
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Human trafficking victims -- Legal status, laws, etc. -- European Union countries
Criminal liability -- European Union countries
Human rights -- European Union countries
Human trafficking -- Government policy -- European Union countries
Criminal liability.
Human rights.
European Union countries.
Form Electronic book
ISBN 9783030026592
3030026590