Kriminalnopolitički stavovi o trgovini ljudima i njihov uticaj na međunarodno zakonodavstvo
Criminal and Political Approaches to Human Trafficking and Their Effects on International Legislation

Author(s): Milica Anđelić
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Human trafficking;International legislation;Criminal policy views;Human rights;
Summary/Abstract: In this paper, the author deals with criminal policy views on human trafficking and their impact on international law. A special subject of analysis are certain doubts, ambiguities and illogicalities encountered by international and criminal law as mechanisms of anti-trafficking policy. The first part of the paper provides introduction to the phenomenon of human trafficking, the definition and identification of violations of some human rights related to human trafficking. The topic of human trafficking often corresponds to the topic of prostitution, as well as issues of incrimination. In this sense, the focus is on the issue of different value judgments about the existence of free will in prostitution. The second part of the paper discusses radical and moderate feminist attitudes and their impact on international law. Trafficking in human beings, on the one hand, and preparation for exploitation as well as exploitation per se, are in the same relationship with each other. Namely, the criminal-legal response to exploitation makes there action to human trafficking unnecessary. That is why it is important to criminalize exploitation. In many countries that have not acted in this way, Montenegro and Serbia included, the concept of criminal-legal response to human trafficking is unacceptable since the earlier phase in the execution of criminal activity is sanctioned. The author concludes that it is necessary to provide an overview of the problem of trafficking in human beings from different aspects and to point out the different attitudes, legislative frameworks and numerous conventions that prescribe the prohibition of trafficking in human beings, all with the aim of preserving basic human rights. One can talk about fulfilling the ideals of personal security if life, physical integrity, dignity, health, political, social and economic position in society, legal security, freedom of expression, thoughts and beliefs, but also many other relevant conditions are met to that extent that a human being can develop and express his personality without hindrance. Contrary to this ideal, human trafficking violates many of the stated rights and conditions. Violation of certain rights causes trafficking in human beings, which leads to the conclusion that human rights violations occur both as a cause and a consequence of human trafficking.

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