Baština (Jan 2021)
From the terminological dilemma to judicial practice relating to the name of the criminal offense of human trafficking
Abstract
The subject of this paper is human trafficking. Degrading treatment, cruelty and exploitation of the difficult position of an individual make this behavior, this crime, an absolutely unacceptable social phenomenon, because it essentially annuls the achieved level of respect for human rights, above all human dignity and physical integrity of each victim. The main goal of this paper is to prove that human trafficking, but also a particularly sensitive category - children, is present in our society, in our country and that the victims of this phenomenon can be all of us, our closest, members of our families. The commitment of the international community and the efforts that all countries are making to combat this phenomenon clearly appeal to the extent to which its repercussions are negative on the life and survival of people as independent and free citizens. In the first part of the paper, a terminological distinction is made between the term individual and all other terms used as its synonyms. The next part of the paper is dedicated to the definition of human trafficking in international and national law and the analysis of comparative legal regulations in this area. The research of the frequency of human trafficking and child trafficking for adoption on the territory of the Republic of Serbia in the eleven-year period covered the last part of the work and through the research of court practice indicates the current state of this phenomenon in our society.
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