Council of Europe Convention on Action against Trafficking in Human Beings, 2005

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COUNCIL OF EUROPE CONVENTION ON ACTION AGAINST TRAFFICKING IN HUMAN BEINGS, 2005


The Council of Europe Convention on Action against Trafficking in Human Beings  entered into force on February 1 2008. As the explanatory memorandum underlines, “the purpose of the Council of Europe Convention on Action against Trafficking in Human Beings is to prevent and combat trafficking in human beings, to identify and protect the victims of trafficking and to safeguard their rights; and to promote international co-operation against trafficking. The Convention applies to all forms of trafficking in human beings for the purpose of exploitation, whether national or transnational and whether or not related to organised crime. It applies whoever the victim: women, men or children. The concept of ‘exploitation’ includes, at a minimum: sexual exploitation; forced labour or slavery; servitude; or the removal of organs. The Convention also provides for the setting up of an independent monitoring mechanism to evaluate and report on States Parties’ compliance with its provisions”.
The Council acknowledges trafficking of human beings as a horrofic crime and therefor emphasizes its criminalisation as well as supply of help for the victims in a legal and moral sense. The definition of trafficking refers to the one provided in the UN Trafficking Protocol, which says that a person is trafficked, when coerced or deceived into a situation where they are exploited. It consists of a combination of 3 basic components – an action (e.g. transport, recruitment); by a means (e.g. threat of force, or fraud); for the purpose of exploitation (a category of mistreatment with a high threshold, e.g. prostitution of others).
It´s important to underline that trafficking can never be voluntary. Migration, legal or illegal, is displacement mostly due to natural disasters and conflicts, gendered cultural practices, violence, and job demand in specific economic sectors, so therefore we can see migration as one voluntary process. In trafficking where there is consent to move for work, consent is nullified due to traffickers use of coercion, deception, fraud, etc. and due to the fact that exploitation as final stage is most likely to be inevitable.

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TEXTS


HUMAN RIGHTS CONVENTIONS


LINKS

Arntz, M./Gregory T./Lehmer, F.: Unequal pay or unequal employment?, 2012

Cho, S.: Human Trafficken, A Shadow of Migration, 2012

Flake, R.: Multigenerational Living Arrangements among Migrants, 2012

International Migration Outlook: SOPEMI Report: Germany, 2012

Zibrowius, M.: Convergence or Divergence? Immigrant wage assimilation patters in Germany, 2012

Constant, A./Tien, B.:Germany´s Immigration Policy and Labor Shortages, 2011

Detention in Europe: Germany, 2011

Heckmann, F.: Recent Developments of Integration Policy in Germany and Europe.2010

Höhne, J./Koopmans, R.:Host-country cultural capital and labour market trajectories of migrants in Germany, 2010

Sachverständigenrat dt. Stiftungen für Integration und Migration: Einwanderungsgesellschaft 2010

ECRI-Report: Germany, 2009

Parusel, B.: Unaccompanied Minors in Germany, 2009

Damelang, A./ Steinhardt, M.: Integration Policy at a Regional Level in Germany, 2008

Melotti, U.: Migratory policies and political cultures, 2008

Country Profile Germany, 2007

Guth, J.: Triggering Skilled Migration: Factors Influencing the Mobility of Early Career Scientists to Germany, 2007

Kahanec, M/Tosun, M.: Political Economy of Immigration in Germany: Attitudes and Citizenship Aspirations, 2007

Kontos, M.: Female Migrants: Policy Analysis, 2006

Oezcan, V.: Germany: Immigration in Transition, 2004

Penninx, R.: Integration: The Role of Communities, Institutions, and the State, 2003

Independent Commission on Migration to Germany: Structuring Immigration, Fostering Integration, 2001

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