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Vol 24 No 5 May/June 2019

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Cover of Remedies for Torts, Breach of Contract, and Equitable Wrongs

Remedies for Torts, Breach of Contract, and Equitable Wrongs

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Caribbean Anti-Trafficking Law and Practice


ISBN13: 9781509915569
Published: July 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This monograph interrogates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective.

It presents a compelling, empirically-based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, the operationalization of these measures has in practice been fraught by a number of challenges, whether of a normative, institutional or individual nature.

The continued existence of these challenges strongly suggest that there exists a 'disconnect' between anti-trafficking law and practice, which is not peculiar to small-island developing States as they extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, the monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the 21st century.

Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, it is hoped that this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.

Subjects:
Other Jurisdictions , Caribbean
Contents:
1. Introduction
I. Overview
II. Locating the ‘Commonwealth Caribbean’
III. Situational Overview
IV. Further Afield
V. Summary
VI. Structure of the Monograph

2. Theoretical Perspectives on Human Trafficking
Introduction
I. Economic Theory
II. Criminology Theories
III. Feminist Theories
IV. Brief Reflections
V. Analytic Eclecticism
VI. Methodology
Conclusion

3. International Dimensions of Anti-Trafficking Law and Practice
Introduction
I. The Criminal Justice Approach
II. The Human Rights Approach
Conclusion

4. The European Approach to Human Trafficking
Introduction
I. Situational Overview
II. Legal Frameworks
III. Political and Institutional Commitment
IV. Public Awareness, Stakeholder Collaboration and Capacity Building
V. Criminalisation and Sanctioning
VI. Investigation, Victim Identification and Referral
VII. A Victim-Centred Approach
VIII. Protection of Trafficked Victims
IX. Material, Medical and Psychological Assistance and Accommodation
X. Protection and Support for Child Victims
XI. Regularisation of Immigration Status, Repatriation and Reintegration
XII. Compensation
XIII. Hegemonic Assumptions
Conclusion

5. Anti-Trafficking Law and Practice in England and Wales
Introduction
I. Criminalising Trafficking in Persons
II. Investigating Trafficking in Persons
III. Identifying and Referring Victims of Trafficking
IV. Discretionary Leave to Remain
V. Support and Assistance of Trafficked Victims
VI. Child Victims of Trafficking
VII. Criminal Proceedings
VIII. Compensating Victims of Trafficking for Harm Suffered
IX. The Non-Punishment of Victims of Trafficking
X. Institutional Commitment
XI. Confiscation/Forfeiture of Assets
XII. Prevention and Risk Orders
XIII. Transparency in Supply Chains
Conclusion

6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Domestic Legal Framework
II. Normative Considerations
Conclusion

7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Human Trafficking on the National/Regional Agenda
II. Capacity Building
III. Stakeholder Collaboration
IV. Victim Identification and Referral
V. Court Proceedings
Conclusion

8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice
Introduction
I. Primacy of Victims’ Rights
II. Meeting the Basic Needs of Trafficked Victims
III. Medical and Psychological Assistance
IV. The Special Position of Child Victims
V. Accommodation
VI. Privacy and Confidentiality
VII. Information, Documentation and Interpretation/Translation
VIII. Regularisation of Victims’ Immigration Status
IX. Repatriation
X. Reintegration
Conclusion

9. Conclusion: The Way Forward
Introduction
I. General Findings
II. Reforming Anti-Trafficking Law and Practice
III. Summary

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