The legal approaches aimed at combatting trafficking in human beings: are we European taking the right stance?

Abstract

Human trafficking, essentially, a modern form of slavery, has been expanded dangerously throughout the European continent. This thesis examines the European legal responses to this phenomenon and questions their appropriateness by studying European Union and Council of Europe legislation. This thesis outlines the different approaches, which have influenced European trafficking legislation and looks closely at their shortcomings. Research used in the evaluation of this thesis has included various data collected and numerous interviews carried out with persons working in the field. The author takes the position that Europe has adopted the wrong stance, by adopting unsuitable legislation, based on a very one-sided attitude. In examining the Dutch case, the author clarifies that multiple difficulties have emerged in the implementation of European legislation, even in this ‘exemplary’ state. This thesis proposes that European states adopt a more holistic response, which considers all aspects of human trafficking and strives to uphold both criminal justice and human rights. In the hope of convincing one’s reader and in the supplication of a human rights approach, this author pleads for the ratification of the European Convention, by referring to the added value of this treaty and the establishment of its modern monitoring mechanism for use in the European continent.