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Out of sight, out of mind. Reassessing positive obligations towards victims of human trafficking

Ventrella, M and Morano Foadi, S (2022) Out of sight, out of mind. Reassessing positive obligations towards victims of human trafficking. The Journal of Immigration, Asylum and Nationality Law, 36 (3). ISSN 1746-7632 (Accepted)

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Abstract

States bordering the Mediterranean Sea and the Channel are leaving many migrants to their fate. By doing so, they are failing in their legal obligations to identify and protect actual and potential victims of human trafficking. This article challenges the legal position of these states, providing a creative construction of EU and Council of Europe law on human trafficking and European human rights legislation. The work first focuses on how the obligations towards asylum seekers, migrants distressed at sea and victims of trafficking interrelate and overlap; and reflects on the implications of the different statuses. It then considers whether the multiple International Maritime Law Treaties that bind State signatories in respect of rescue-at-sea missions provide protection for actual and potential victims of human trafficking. It undertakes an analysis of European anti-trafficking legal regimes, which include the Council of Europe Convention against Human Trafficking (CETS 197), Article 4 of European Convention on Human Rights (ECHR) and Directive 2011/36/EU of the European Parliament and of the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims (hereafter ‘EU Human Trafficking Directive’). Finally, the article focuses on the UK as a case-study. The piece argues that the international law of the sea, whilst aiming at saving lives of people stranded in the high sea, does not guarantee the identification and protection of human trafficking victims amongst those being saved. The article claims that State’s responsibility for the identification and protection of victims extends beyond the geographical remit of its territorial jurisdiction

Item Type: Article
Subjects: H Social Sciences > H Social Sciences (General)
H Social Sciences > HV Social pathology. Social and public welfare. Criminology
Divisions: Law
Publisher: Bloomsbury Professional
SWORD Depositor: A Symplectic
Date Deposited: 30 Sep 2022 14:38
Last Modified: 30 Sep 2022 14:45
URI: https://researchonline.ljmu.ac.uk/id/eprint/17093

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