Human trafficking : an analysis of the crime under Maltese law

Abstract

In all its forms, human trafficking is a worldwide issue to which no country is immune. The phenomenon has become increasingly complex, and it has become a top political priority for governments all around the world. The aim of this dissertation is to analyse the concept of human trafficking under Maltese law with a focus on the current law which is at play and the efforts which have been made up till now to combat this crime. It considers different definitions of trafficking, the main differences between human trafficking and migrant smuggling and why these differences need to be made clear for Malta to properly combat this crime. This dissertation also investigates the legal framework on an international, regional and sub-regional level which has led Malta to develop its domestic laws in conformity with such recognized principles. Case law is also mentioned. This is then critically analysed showing the negative impacts which procedural law in Malta has had on such cases concerning human trafficking and the link between case law and prostitution in Malta which is also another form of human trafficking. Finally, it looks at the future of Malta with regards to such crime and the challenges Malta faces going forward. A set of proposals are put forward for Malta to maintain a high standard in its efforts to ensure that this crime is drastically reduced and when cases of this crime arise Malta can successfully punish its perpetrators.