Human trafficking for sexual exploitation : the framework of human rights protection

Abstract

The thesis examines the current anti-trafficking framework with particular emphasis on the development of human rights protection. The study analyses legal responses to human trafficking at 2 levels: International and National measures. The research is structured into 8 chapters, proceeding from general background of human trafficking to the development of the framework of human rights protection. From the literature review, it is found that human trafficking is a multi-faceted problem, which needs a more comprehensive approach to tackle it. Despite the recognition of all forms of human trafficking, trafficking for sexual exploitation, in which the majority of trafficked persons are young women, is the focus of this study. The thesis concludes that the Protocol to Prevent, Suppress, and Punish Trafficking in Persons fails to adopt a comprehensive human rights approach. The core commitment of the Protocol is rather to prevent and prosecute human trafficking than to protect and identify the victims of human trafficking. This considerably undermines the effectiveness of trafficking intervention at all levels. Likewise, Thailand, a country of origin, and the UK, a destination country, have adopted/amended their anti-trafficking laws in line with the Trafficking Protocol. The thesis, however, finds that such countries have considerably failed to address the effective protection framework in their national agendas. In response to the fight against human trafficking, the thesis calls for the amendment of the Trafficking Protocol moving towards the development of comprehensive framework of human rights protection. The suggested framework imposes legal obligations seeking to guarantee the effective identification of victims, non-criminalisation, non-discrimination and nonrefoulement of victims of trafficking. In addition, the promotion of participation of states, NGOs, other member of civil society and individuals becomes integral parts to the suggested framework. All of which are to ensure the effective intervention and to develop best practice.