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Labour Exploitation in Human Trafficking Law
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definiti...
Irregular Migration as a Challenge for Democracy
Immigration has emerged as the defining issue of our times. [] The challenge that the immigration issue poses to the future of European democracy is real. Immigration itself is a genuine challenge, but the fundamental challenge that immigration brings to the fore is a domestic one, it is about fundamentally different political visions that cut through the citizenry of Europe's nation states. With that, it becomes critically important how these nation-states, through their democratic institutions, tackle immigration.[] we need both the scholarly analysis and reflection presented in this volume, and we need informed political innovation within and between Europe's nation-states.- from the Fore...
Commission Proposal for a Regulation on Prohibiting Products Made with Forced Labour on the Union Market
The European Union (EU) is committed to the elimination of forced labour, a denial of rights of which there are 28 million victims globally. In September 2022, the European Commission proposed a Regulation to ban all products made by forced labour from the EU market (COM (2022) 453). This proposal has been criticised for failing to facilitate remedies for forced labour victims, in line with EU and global standards such as the United Nations Guiding Principles on Business and Human Rights. This Briefing examines the case for including measures to promote access to effective remediation for victims of forced labour located outside the EU into the Commission's proposed Regulation. First, it out...
Process-based Fundamental Rights Review
Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Geopolitical and Humanitarian Aspects of the Belarus–EU Border Conflict
This book provides a broad geopolitical and legal analysis of the longer-term dispute between the Belarusian regime and the European Union, played out through conflict on the Polish–Belarusian border, which started in 2021. Although Poland finds itself at the center of this conflict, the book covers all countries whose territorial integrity has been affected, revealing a Belarusian regime taking advantage of the refugee crisis as a tool of hybrid warfare for destabilizing the political situation. As such, it also examines the role of Russia and its influence by means of its Belarusian neighbor, exposing the underlying motivations and mechanisms used by the Lukashenko regime towards the Eur...
Modern Slavery in Global Context
This thought-provoking collection brings together academics from a range of disciplines to examine modern slavery. It illustrates how different disciplinary positions, methodologies and perspectives form and clash together through a kaleidoscopic view and forms a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation.
Labour Migration in Europe Volume II
Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.
Courts, Privacy and Data Protection in the Digital Environment
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
Legal Aspects of Ethnic Data Collection and Positive Action
This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided ...
