A human rights-based approach for effective criminal justice response to human trafficking

Abstract

Abstract Human trafficking is a complex, multifaceted, and deeply layered issue. Consequently, any mitigation strategy employed against it must also be layered and target the distinct aspects of the issue. For long, the obvious and perhaps the most visible practice to deal with cases of trafficking has been employing a criminal justice approach where the focus largely lies on the persecution of the criminal instead of the protection of the survivors. More nuanced approaches, such as anti-trafficking clauses that protect human rights and focus on removing root causes that directly or indirectly have an impact on trafficking patterns, including labor, migration, and sexual exploitation issues, have emerged to successfully tackle human trafficking as a global issue. The principles and guidelines for such a multi-sectoral, human rights-based approach are primarily aimed at trafficking prevention, protection, assistance to survivors of trafficking, criminalization, punishment, and redressal. This article aims to evaluate this approach and its intersections with the traditional criminal justice approach. It will further discuss the approach that is currently in practice and argue for further improvements and efforts. Finally, it will also discuss the impact of COVID-19 on trafficking in persons.

Keywords

• Human trafficking
• A Human Rights-Based Approach (HRBA)
• United Nations (UN)
• Criminal justice approach
• Criminal law