The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.

abstract: The crime of human trafficking has received increased national attention over the past decade. However, the subject of human trafficking is rarely mentioned in criminal justice and criminology curricula in colleges and universities. This study discusses findings from a review of listed courses in 100 criminology and criminal justice bachelor degree programs in colleges and universities in the United States. Implications for further research, including examining criminal justice education programs outside of academe, are discussed. The author advocates adding courses on human trafficking in criminology and criminal justice curricula and makes recommendations for undergraduate criminology and criminal justice education. / Dissertation/Thesis / M.A. Interdisciplinary Studies 2011

Even though 79% of the surveyed students claim they have heard the term ``human trafficking{\crq}q, only 14% can define this term accurately. On the basis of the information obtained, a conclusion was arrived at that the level of information about human trafficking among students at Kolín-district secondary schools is inadequate. The students themselves said in their opinions that they did not have enough information about human trafficking, thus confirming this fact. The benefit and sense of this dissertation was to map the still uncharted territory of Kolín-district secondary schools from the viewpoint of human trafficking and to conduct a lecture. Compared to other issues, the prevention of human trafficking is neglected. Therefore, lectures should be conducted on this issue, which should even be integrated into the curriculum, in particular in the subjects of citizenship and the basics of social sciences.

Human trafficking is the fastest growing and the third largest transnational crime. It is driven by the demand for commercial sexual services and cheap labour, and the ample supply of vulnerable people to exploit together with a prevailing system of impunity makes it a highly profitable crime. It imposes grave human rights violations upon its victims, and has devastating effects on society. A global agreement to combat human trafficking – the Palermo Protocol – was adopted by the United Nations in the year 2000. This global agreement provides a legal definition for human trafficking and requires states to take actions to prevent human trafficking, prosecute the perpetrators and protect the victims. Most states have joined this agreement and have made subsequent efforts to implement it. The Council of Europe has adopted a specific convention that even strengthens it. Despite the many efforts to combat human trafficking the number of victims continue to increase and the number of convictions remain low. Some scholars suggest it is because of the incomplete or lack of national implementations, while other scholars suggest the international legal framework is inadequate. The main purpose of this thesis is to examine whether the international legal framework is adequate to combat human trafficking, and to discuss strengthening options. It uses a classical analytical legal method that examines and analyses the most relevant international agreements. Conclusions are that the Palermo Protocol focuses mainly on prosecution, requires too little preventing and protecting measures, and has a weak compliance mechanism. Human rights treaties also address human trafficking but their weak compliance mechanisms make them ill equipped to compel states to act. To combat human trafficking, measures to prevent, prosecute and protect are all crucial, and such measures can probably best be enforced by strengthening all relevant legal areas (human rights law, labour law, migrant law, refugee law and humanitarian law) and engaging all parts of society.

What is the state's duty to penalize serious interpersonal exploitation using the criminal law? Does the state discharge this duty appropriately? These are large questions and this thesis sets out to reassess one part of the puzzle of exploitation. The focus is upon interpersonal exploitation and property offences in England and Wales. Criminal law commentators frequently state that several property offences are justified on the basis that they penalize exploitation. For example, the tendency has been to assume that section 1 of the Fraud Act 2006 performs this function, together with its accompanying sentencing guidelines. One of the objectives of this thesis is to expose the precarious foundations of relying upon existing property offences to censure exploitation. For example, it is not clear what the scope of the wrong of exploitation under discussion actually is. This thesis argues that analysis of the relationship between wrongful interpersonal exploitation and property offences has been woefully superficial in English law and is ripe for reappraisal. The second objective is to identify and to elucidate a hitherto neglected wrong of acquisitive exploitation. An analytical account of the wrong is presented which will be of interest to criminal law theorists. Acquisitive exploitation represents a distinctive method of using vulnerable persons, under the cover of dishonesty. With a careful account of wrongful acquisitive exploitation in hand, the third objective is to raise questions about criminal liability for acquisitive exploitation. Ought the criminal law to penalize acquisitive exploitation, and, if so, how? Are there grounds for penalizing acquisitive exploitation more consistently and with improved labelling? These questions must be thoroughly debated. A credible opening bid is presented in relation to them - first, by considering whether acquisitive exploitation might be used to more fairly label property offences; and second, by assessing justifications for a substantive acquisitive exploitation offence.

O tempo de espera para obtenção de órgão para transplante constitui-se num grande problema na área da saúde em todo o mundo. O número de doadores voluntários não cresce na mesma medida da necessidade de órgãos. Diante deste quadro, surgiu um mercado ilícito de órgãos, em que os compradores e intermediadores se dirigirem aos países onde há uma porcentagem grande de população vulnerável, objetivando adquirir órgãos de indivíduos vivos, mediante pagamento. Neste contexto, esta pesquisa buscou avaliar e comparar as percepções de profissionais de saúde e da população em geral com relação à forma de obtenção dos órgãos, em especial a abordagem de mercado, e comparar a opção desinteressada com outra opção, que tem a percepção do envolvimento da necessidade pessoal ou familiar para obter órgãos com o fim de transplante, utilizando a abordagem de mercado. Para atender aos objetivos deste estudo foi elaborado um questionário para coletar a opinião dos participantes. Sua distribuição foi realizada pessoalmente, de forma aleatória, e também foi elaborada uma versão eletrônica que foi divulgada via página no facebook, criada exclusivamente para este fim. A análise das respostas obtidas foram discutidas ao nível de 5% de significância e consideradas significativas quando o valor de p foi < 0,05. Ao todo, 692 pessoas participaram da pesquisa. Foi identificado que na categoria do profissional de saúde há maior tendência do que entre aqueles que não são profissionais da saúde em discordar dos incentivos indiretos relacionados com a redução de impostos e licença remunerada de 30 dias. Estas foram as únicas associações significativas ligadas aos profissionais da saúde no estudo. A maioria dos participantes (80,1%) concordou que a doação de órgãos deve ser um ato desinteressado e estritamente solidário. Por outro lado, 52% acredita que o mercado poderia ser um sistema justo e benéfico para todos, visando ampliar a possibilidade de realização de transplantes. Em uma situação extrema, de carência absoluta de órgãos, 54,9% dos participantes indicaram que pagariam por um órgão para salvar a sua vida ou a vida de algum familiar. Nesta questão, 24,1% discordaram e 20,2% indicaram que não possuem opinião sobre o assunto. / Waiting in aqueue for obtaining organ transplant constitutes a major problem in healthcare worldwide. The numbers of voluntary donors do not grow to the same extent of the need for organs. Given this situation, there was an illicit market for organs, in which buyers and intermediaries to address the countries where there is a large percentage of low-income population, aiming to acquire organs from living individuals, through payment. In this context, this study aimed to evaluate and compare the perceptions of health professionals and the general public regarding the method of obtaining the organs, especially the market approach and compare the disinterested option with another option, which has the perception of involvement personal or family need for organs for the purpose of transplantation, using the market approach. To meet the objectives of this study, a questionnaire was developed to collect the opinions of participants. Its distribution was held personally randomly and was also prepared an electronic version of the questionnaire was disseminated via facebook page created solely for this purpose. The analysis of the responses were discussed at 5% significance and considered significant when the p value was <0.05. In all, 692 people participated in the survey. It was identified that the health professional category there are more likely than among those who are not health professionals to disagree on the indirect incentives related to the reduction of taxes and paid leave of 30 days for those who make donations. These were the only significant associations related to health professionals throughout the study. Most participants (80.1%) indicated that agree that organ donation must be a disinterested and strictly act of solidarity. On the other hand, 52% believe that the market for organs could be fair and beneficial system for all in order to extend the possibility of performing transplants. In an extreme situation, absolute shortage of organs, 54.9% of respondents indicated they would pay for an organ to save your life or the life of a family member. On the same question, 24.1% disagreed and 20.2% indicated that they have no opinion on the matter.

This thesis focuses on the British human trafficking prevention policies adopted for the 2012 London Olympics using mixed methods including participation-observation, qualitative interviews, theoretical analysis and policy evaluation. I was invited to observe the Human Trafficking Network and London 2012, the Mayor of London’s official response to the claim that human trafficking would increase at the London Olympics. My presence enabled me to witness first-hand the key policy debates surrounding human trafficking intervention and to conduct a series of in-depth interviews with members of the Human Trafficking Network as well as associated professionals such as the United Kingdom Human Trafficking Centre, MPs, governmental and non-governmental agencies, law enforcement officials, anti-trafficking groups, sex workers, sex workers outreach services and academics. In addition to collecting rich empirical data, I contexualise these policy debates within two relevant theoretical frameworks. First, I draw upon the work of Weitzer (2007) to examine the construction of the four underlying claims that human trafficking increases before and during large sporting events. Significantly, this perspective is built upon an anti-prostitution agenda of the partial criminalisation proponents, which collapses all migration for prostitution together with human trafficking (Weitzer 2005, Kempadoo 2005, Milivojevic and Pickering 2008, Kinnell 2009, Mai 2009, Mai 2012, Weitzer 2014). This same conceptualisation of human trafficking as the nexus of prostitution, migration and crime is replicated within the global anti-trafficking framework (Milivojevic and Pickering 2013), resulting in two approaches to human trafficking prevention policies — Security Governance and Human Rights — which together resulted in preventions measures that target prostitution and control migration. Finally, I draw upon my empirical evidence to critically examine the effects of the claim that human trafficking increases over the Olympics and, moreover, situate the response by the Mayor of London within the global anti-trafficking framework. This framework highlights the contradictions and, in some instances, failures between the approaches to human trafficking and the stated purpose of the Human Trafficking Network. The thesis concludes with two innovative policy recommendations for human trafficking prevention programmes.

abstract: This study uses the ontological lenses of discourse theory to conduct a critical mixed-methods analysis of state statutes related to prostitution and sex trafficking. The primary research question of the study was, "How do state laws communicate and reinforce discourses related to sex trafficking and prostitution and how do these discourses reinforce hegemony and define the role of the state?" A mixed methods approach was used to analyze prostitution and sex trafficking related annotated and Shepardized statutes from all fifty states. The analysis found that not all prostitution related discourses found in the literature were present in state statutes. Instead, statutes could be organized around five different themes: child abuse, exploitation, criminalization, place, and licensing and regulation. A deeper analysis of discourses present across and within each of these themes illustrated an inconsistent understanding of prostitution as a social problem and an inconsistent understanding of the legitimate role of the state in regulating or criminalizing prostitution. The inconsistencies in the law suggest concerns for equal protection under the law based upon a person's perceived deservingness, which often hinges on his or her race, class, gender identity, sexuality, age, ability, and nationality. Implications for the field include insights into a substantive policy area rarely studied by policy and administration scholars, a unique approach to mixed methods research, and the use of a new technique for analyzing vast quantities of unstructured data. / Dissertation/Thesis / Doctoral Dissertation Public Administration 2014

abstract: An asset-based approach to vulnerability, as presented in Voices of the Poor: Can Anyone Hear Us? and World Development Report 2000/2001: Attacking Poverty, provides a possible theoretical framework for understanding vulnerability to human trafficking. Case studies, field studies and narratives of human trafficking provide evidence that the assets of victims of trafficking play a significant role in human trafficking. This appears to be true both with regard to how traffickers exploit victim assets and with regard to how successful human trafficking prevention efforts are implemented. By exploring and further establishing this connection, I hope to provide evidence that a model of human trafficking acquisition incorporating elements of victim assets and the assets of communities deserves field-testing. Such field-testing will hopefully confirm the deep connection between assets and human trafficking activity and establish the necessary connections anti-trafficking activists will need to create a predictive version of the model with regard to individual vulnerability to human trafficking. Lastly, I argue that, provided the connection between human trafficking vulnerability and victim asset levels holds, an asset-based approach provides a rhetorical framework to resist policies that compromise asset levels of particularly vulnerable populations. / Dissertation/Thesis / Masters Thesis Social Justice and Human Rights 2015

O tempo de espera para obtenção de órgão para transplante constitui-se num grande problema na área da saúde em todo o mundo. O número de doadores voluntários não cresce na mesma medida da necessidade de órgãos. Diante deste quadro, surgiu um mercado ilícito de órgãos, em que os compradores e intermediadores se dirigirem aos países onde há uma porcentagem grande de população vulnerável, objetivando adquirir órgãos de indivíduos vivos, mediante pagamento. Neste contexto, esta pesquisa buscou avaliar e comparar as percepções de profissionais de saúde e da população em geral com relação à forma de obtenção dos órgãos, em especial a abordagem de mercado, e comparar a opção desinteressada com outra opção, que tem a percepção do envolvimento da necessidade pessoal ou familiar para obter órgãos com o fim de transplante, utilizando a abordagem de mercado. Para atender aos objetivos deste estudo foi elaborado um questionário para coletar a opinião dos participantes. Sua distribuição foi realizada pessoalmente, de forma aleatória, e também foi elaborada uma versão eletrônica que foi divulgada via página no facebook, criada exclusivamente para este fim. A análise das respostas obtidas foram discutidas ao nível de 5% de significância e consideradas significativas quando o valor de p foi < 0,05. Ao todo, 692 pessoas participaram da pesquisa. Foi identificado que na categoria do profissional de saúde há maior tendência do que entre aqueles que não são profissionais da saúde em discordar dos incentivos indiretos relacionados com a redução de impostos e licença remunerada de 30 dias. Estas foram as únicas associações significativas ligadas aos profissionais da saúde no estudo. A maioria dos participantes (80,1%) concordou que a doação de órgãos deve ser um ato desinteressado e estritamente solidário. Por outro lado, 52% acredita que o mercado poderia ser um sistema justo e benéfico para todos, visando ampliar a possibilidade de realização de transplantes. Em uma situação extrema, de carência absoluta de órgãos, 54,9% dos participantes indicaram que pagariam por um órgão para salvar a sua vida ou a vida de algum familiar. Nesta questão, 24,1% discordaram e 20,2% indicaram que não possuem opinião sobre o assunto. / Waiting in aqueue for obtaining organ transplant constitutes a major problem in healthcare worldwide. The numbers of voluntary donors do not grow to the same extent of the need for organs. Given this situation, there was an illicit market for organs, in which buyers and intermediaries to address the countries where there is a large percentage of low-income population, aiming to acquire organs from living individuals, through payment. In this context, this study aimed to evaluate and compare the perceptions of health professionals and the general public regarding the method of obtaining the organs, especially the market approach and compare the disinterested option with another option, which has the perception of involvement personal or family need for organs for the purpose of transplantation, using the market approach. To meet the objectives of this study, a questionnaire was developed to collect the opinions of participants. Its distribution was held personally randomly and was also prepared an electronic version of the questionnaire was disseminated via facebook page created solely for this purpose. The analysis of the responses were discussed at 5% significance and considered significant when the p value was <0.05. In all, 692 people participated in the survey. It was identified that the health professional category there are more likely than among those who are not health professionals to disagree on the indirect incentives related to the reduction of taxes and paid leave of 30 days for those who make donations. These were the only significant associations related to health professionals throughout the study. Most participants (80.1%) indicated that agree that organ donation must be a disinterested and strictly act of solidarity. On the other hand, 52% believe that the market for organs could be fair and beneficial system for all in order to extend the possibility of performing transplants. In an extreme situation, absolute shortage of organs, 54.9% of respondents indicated they would pay for an organ to save your life or the life of a family member. On the same question, 24.1% disagreed and 20.2% indicated that they have no opinion on the matter.