Human trafficking as a threat for the security of member states of EU

• Author: Mirela Kapo
• Position: University of Tirana
• Pages: 109-118

Vol. 3 No. 2

July 2017

ISSN 2410-3918

Acces online at www.iipccl.org

109

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Human tra cking as a threat for the security of member states of EU

PhD (C.) Mirela Kapo

University of Tirana

Abstract

The topic “Tra cking of human beings” as subject to advanced studies has been chosen due

to a growing interest linked with the phenomenon in question. The study introduces a legal-

criminal overview of the criminal activity consisted of the recruitment, transport, transfer or

reception of persons by means of force or forms of fraud for exploitation purposes.

Human tra cking represents a threat for the security of member states. The trend to

penetrate to all spheres of the society has obliged the European states to dra a new directive

refl ecting the growing concern about the phenomenon in question, by respecting human

rights in accordance with the legal framework under the United Nations, International Labor

Organization (ILO), Council of Europe etc. The new European priorities aim at victims’

identifi cation, their protection and prevention of the phenomenon and more intense criminal

prosecution of tra ckers.

With the view of fully developing this topic, the outline consists of four chapters preceded by a

historical background of human tra cking. Special importance in this study, specifi cally in the

second chapter, is a ached to the assistance and protection of the victims of human tra cking.

It is crucial that these victims exercise their rights e ectively. Therefore, the European directives

foresee assistance and support before, a er and during the criminal proceeding.

The third chapter refers to the relevant legal mechanisms in this fi eld assuring the victims of

tra cking legal defense, the right to information and their social, psychological and physical

recovery. One of the “key” legal instruments is the Palermo Convention, which gives for

the fi rst time a detailed defi nition of the term of tra cking and smuggling and makes the

di erences between them. All legal instruments converge to one point: the consent of the

human tra cking victim is not important when it is used any of the means of force, threat,

coercion or fraud.

Finally, apart from the conclusions of the present study, distinguished practical cases are

introduced, as well as statistical data and di culties encountered during the criminal process.

Keywords: victims of tra cking, sexual exploitation, Palermo Convention, EU Directive and the right

to information.

Introduction

Tra cking in human beings is a very dangerous form of criminality in the modern

society, which during the last decades has marked a growing increase and exhibited a

number of serious consequences for human beings and the society. This criminal trend

is displayed in di erent countries. In particular, it has been and continues to be present

in those states which are involved with radical political, social, economic, cultural

and other related changes. It is worth mentioning the states of the former socialist

block, countries of Eastern Europe and Balkan countries. This is also demonstrated

by the numerous researches and studies conducted in these states and regions and in

other countries of the world, which fairly witness that tra cking of human beings,