Alyssa Marie CagueteAnnotated Bibliography

SOURCEEXCERPTANNOTATIONS

Definition of trafficking in persons. Retrieved from http://www.unodc.org/southeastasiaandpacific/en/topics/illicit-trafficking/human-trafficking-definition.html

Trafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use by force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving and receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

This definition provides the most relevant definition of human rights and includes the modern forms of trafficking in persons.

MHS Human Trafficking Retrieved fromhttps://sites.google.com/site/mhshumantrafficking/human-rights

The links between human rights and the fight against trafficking are well established. From its earliest days to the present, human rights law has unequivocally proclaimed the fundamental immorality and unlawfulness of one person appropriating the legal personality, labor or humanity of another. Human rights law has prohibited discrimination on the basis of race and sex; it has demanded equal or at least certain key rights for non-citizens; it has decried and outlawed arbitrary detention, forced labor, debt bondage, forced marriage, and the sexual exploitation of children and women; and it has championed freedom of movement and the right to leave and return to ones own country

This point discusses the relation of trafficking in humans and human rights and answers the question: Is human trafficking a violation of human rights?

Human Rightsand Human Trafficking Fact Sheet No. 36. Retrieved fromhttp://www.ohchr.org/Documents/Publications/FS36_en.pdf

Both the Charter of the United Nations and the Universal Declaration of Human Rights confirm that rights are universal: they apply to everyone, irrespective of their race, sex, ethnic origin or other distinction. Trafficked persons are entitled to the full range of human rights. Even if they are outside their country of residence, international law is clear that trafficked persons cannot be discriminated against simply because they are non-nationals. In other words, with only some narrow exceptions that must be reasonably justifiable, international human rights law applies to everyone within a States territory or jurisdiction, regardless of nationality or citizenship and of how they came to be within the territory

This point discusses the application of human rights in cases of human trafficking and the rights of victims.

Human Rightsand Human Trafficking Fact Sheet No. 36. Retrieved from http://www.ohchr.org/Documents/Publications/FS36_en.pdfTreaties are the primary source of obligations for States with respect to trafficking. By becoming a party to a treaty, States undertake binding obligations in international law and undertake to ensure that their own national legislation, policies or practices meet the requirements of the treaty and are consistent with its standards. These obligations are enforceable in international courts and tribunals with appropriate jurisdiction, such as the International Court of Justice, the International Criminal Court, and may be enforceable in domestic courts, depending on domestic law.

This point discusses the obligation of states on human trafficking as a human rights violation. Here, the author emphasizes the obligation of states that are bound by the treaties and the steps that they need to undertake in order to prevent and enforce the legal obligation in the International Court.

Human Rightsand Human Trafficking Fact Sheet No. 36. Retrieved from http://www.americanbar.org/publications/judges_journal/2013/winter/human_rightsbased_approach_to_trafficking_the_work_of_the_united_nations_office_of_the_high_commissioner_for_human_rights.htmlTrafficking is a complex issue that can be considered from different perspectives, many treaties are relevant. For example, treaties dealing with slavery and the slave trade, forced labor, child labor, the rights of women, the rights of children, migrant workers and persons with disabilities, as well as more general treaties dealing with civil, cultural, economic, political or social rights, are all applicable to trafficking. Major crime control treaties, such as the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption are also relevant to trafficking, as is the Rome Statute of the International Criminal Court.This explains what states are obliged to do in order to prevent human rights violation in national setting.