A critical analysis of the state obligation to prevent trafficking in persons

Abstract

Trafficking in persons is a transnational organized crime and a grave violation of human rights. For many years, it has been of a serious concern for the global community, as it impairs the rule of law and hinders sustainable development since traffickers prey upon and exploit the most vulnerable within communities. Use of large organized criminal networks, which run beyond the reach of law enforcement are made to move victims across borders and this despite major progress that has been realized by various international organisations and governments. Consequently, this multifaceted crime has been challenging policy makers for many years. Studies show that victims are still being trafficked, therefore, posing a significant threat, not only on a national level, but also towards the entire international community, public safety and economic stability across the globe. The main focus has been that of strengthening government responses towards human trafficking. For this reason, the principal object of this term paper is that of seeking to understand the positive obligations that states have, through a variety of international sources, to effectively eradicate trafficking in persons. Besides this, an analysis shall be conducted solely on the notion of the prevention of the crime by examining and determining the efforts which have been carried out at a domestic, regional and international sphere to combat and eradicate human trafficking. Since states are primary subjects in international law, they have an obligation to criminalise trafficking it in all of its forms and provide for effective preventive initiatives within the various legal frameworks.