A victim-centered approach to human trafficking

Abstract

[EN] This paper explores the issue of human trafficking as one of the most severe violations of human rights nowadays, which continues to be a complex and pervasive issue despite the existence of several instruments that address it. First of all, the document begins by providing an overview of the theoretical aspects of this crime such as the definition, the elements, the different forms and the legal framework. In relation to that last point, it is analyzed whether human trafficking should be considered a crime against humanity, which would entail a higher level of protection by the ICC. After discussing various approaches proposed by different authors, it is demonstrated that the conventional system is not suitable to respond to a crime of this magnitude, due to the fact that the traditional methods are only based on criminal law and prosecution. Instead of that, the paper emphasizes the need to develop better prevention and protection measures. It mentions three countries that have successfully implemented this approach and it also explains a practical case of the ECtHR (Rantsev v. Cyprus and Russia) to illustrate the importance of applying such measures. In conclusion, this paper sheds light on the severity of human trafficking and highlights the need for a more effective victim-centered and human rights based approach to combat this crime.