State responsibility for human trafficking – perspectives from Malta

Ruth Farrugia

Journal of Money Laundering Control, 2012, vol. 15, issue 2, 142-152

Abstract: Purpose - This paper aims to establish the existence and enforceability of State responsibility for human trafficking, making special reference to children and Malta. Given that trafficking has been described by the European Court of Human Rights as a form of modern slavery, the paper's hypothesis is that the State has a responsibility to ensure that all possible steps are taken to combat the practice and to protect possible victims. Design/methodology/approach - The paper is divided into three parts: the first part makes a concise review of the international criteria applied in response to human trafficking, the second part examines the pertaining situation relating to human trafficking in Malta and the final part makes an analysis of the recent judgment of the European Court of Human Rights inRantsevv.Cyprus and Russia. Findings - The paper demonstrates that the affirmation of State responsibility to combat human trafficking is enforceable, with reference to the Rantsev judgement which clearly attributes a positive obligation on States under Article 4. It also highlights the difficulty in tracing judgments related to human trafficking as evidenced by the review of the Maltese position, although this appears to be an issue common to a number of States which indiscriminately put together all cases for trafficking (drug trafficking and human trafficking). Originality/value - The paper only uses first‐hand sources and Maltese judgements are supplemented with original research into cases as reported in the press. The third part of the work analyses the recent judgement of the European Court of Human Rights inRantsevv.Cyprus and Russia(2010), speculating as to its impact on all member states of the Council of Europe, including Malta.

Keywords: State responsibility; Human trafficking; Child; Malta; Human rights (law); Positive obligation; Social responsibility (search for similar items in EconPapers)
Date: 2012
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (text/html)
https://www.emerald.com/insight/content/doi/10.110 ... d&utm_campaign=repec (application/pdf)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:13685201211218135

DOI: 10.1108/13685201211218135

Access Statistics for this article

Journal of Money Laundering Control is currently edited by Dr Li Hong Xing and Prof Barry Rider

More articles in Journal of Money Laundering Control from Emerald Group Publishing Limited
Bibliographic data for series maintained by Emerald Support ().