A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

9781788111553 Edward Elgar Publishing

Elgar Commentaries in Human Rights series

Edited by Julia Planitzer and Helmut Sax, Senior Researchers, Ludwig Boltzmann Institute of Human Rights, Vienna, Austria

Publication Date: 2020 ISBN: 978 1 78811 155 3 Extent: 552 pp

This is an open access title available under the terms of a CC BY-NC 4.0 License. It is free to read, download and share on Elgaronline.com.

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

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Critical Acclaim

Contributors

Contents

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This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention’s monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention’s standards.

Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary’s concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.

Critical Acclaim

‘The aim of the book according to its editors is to provide in compact format a clarification of concepts used in the convention. I would say it does that and more. If you want a deeper understanding of ECAT that balances detail with simplicity, I would recommend it.’
– Paul Keeley, The Law Society Gazette

Contributors

Contributors: V. Espig, N. Katona, B. Linder, S. Mullally, R. Piotrowicz, J. Planitzer, C. Rijken, H. Sax, K. Simonova, V. Stoyanova

Contents

Contents:

Foreword

Introduction
Julia Planitzer and Helmut Sax
Preamble
Nora Katona
Article 1 Purposes of the Convention
Julia Planitzer
Article 2 Scope
Nora Katona and Helmut Sax
Article 3 Non-discrimination principle
Julia Planitzer
Article 4 Definitions
Helmut Sax
Article 5 Prevention of trafficking in human beings
Helmut Sax
Article 6 Measures to discourage the demand
Julia Planitzer
Article 7 Border measures
Julia Planitzer
Article 8 Security and control of documents
Julia Planitzer
Article 9 Legitimacy and validity of documents
Julia Planitzer
Article 10 Identification of the victims
Vladislava Stoyanova
Article 11 Protection of private life
Julia Planitzer
Article 12 Assistance to victims
Julia Planitzer
Article 13 Recovery and reflection period
Helmut Sax
Article 14 Residence permit
Julia Planitzer
Article 15 Compensation and legal redress
Barbara Linder
Article 16 Repatriation and return of victims
Ryszard Piotrowicz and Conny Rijken
Article 17 Gender equality
Siobhán Mullally
Article 18 Criminalisation of trafficking in human beings
Vladislava Stoyanova
Article 19 Criminalisation of the use of services of a victim
Siobhán Mullally
Article 20 Criminalisation of acts relating to travel or identity documents
Julia Planitzer
Article 21 Attempt and aiding or abetting
Katerina Simonova
Article 22 Corporate liability
Julia Planitzer
Article 23 Sanctions and measures
Katerina Simonova
Article 24 Aggravating circumstances
Katerina Simonova
Article 25 Previous convictions
Katerina Simonova
Article 26 Non-punishment provision
Ryszard Piotrowicz
Article 27 Ex parte and ex officio applications
Katerina Simonova
Article 28 Protection of victims, witnesses and collaborators with the judicial authorities
Conny Rijken
Article 29 Specialised authorities and co-ordinating bodies
Katerina Simonova
Article 30 Court proceedings
Vahnessa Espig and Julia Planitzer
Article 31 Jurisdiction
Katerina Simonova
Article 32 General principles and measures for international co-operation
Nora Katona
Article 33 Measures relating to endangered or missing persons
Helmut Sax
Article 34 Information
Julia Planitzer
Article 35 Co-operation with civil society
Julia Planitzer
Article 36 Group of experts on action against trafficking in human beings
Helmut Sax
Article 37 Committee of the Parties
Helmut Sax
Article 38 Procedure
Helmut Sax
Article 39 Relationship with the Protocol to prevent, suppress and punish trafficking in
persons, especially women and children, supplementing the United Nations
Convention against transnational organized crime
Julia Planitzer
Article 40 Relationship with other international instruments
Julia Planitzer
Article 41 Amendments
Helmut Sax
Article 42 Signature and entry into force
Vahnessa Espig
Article 43 Accession to the Convention
Vahnessa Espig
Article 44 Territorial application
Julia Planitzer
Article 45 Reservations
Katerina Simonova
Article 46 Denunciation
Vahnessa Espig
Article 47 Notification
Vahnessa Espig
Select bibliography
Index