The Criminalisation and Imprisonment of Migrant Victims of Trafficking
DOI:
https://doi.org/10.35295/osls.iisl/0000-0000-0000-0924Keywords:
Prison, women, UKHTC, Criminal Justice SystemAbstract
This paper outlines the key elements of research that was carried out between 2010 and 2011 at the Institute of Criminology, University of Cambridge by Hales and Gelsthorpe (2012) on the Criminalisation of Migrant Women in terms of goals, research methods, key findings and resultant policy and practice implications. It then goes on to document developments in the UK since publication of the findings and conclusions that we can draw from these in terms of meeting the challenges of combatting human trafficking.
Downloads
Metrics
Downloads:
PDF 296
References
Anti-Trafficking Monitoring Group, 2014. Modern Slavery, Human Trafficking and Human Exploitation Bill [online]. Available from: http://www.kalayaan.org.uk/documents/ATMG%20Modern%20Slavery,%20Human%20Trafficking%20and%20Human%20Exploitation%20Bill_FINAL%20w%20Intro.pdf [Accessed 5 December 2017].
Aronowitz, A. Theuermann, G., and Tyurykanova, E., 2010. Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime [online]. Vienna: OSCE Office of the Special Representative and Co-ordinator for Combatting Trafficking in Human Beings. Available from: http://www.osce.org/secretariat/69028?download=true [Accessed 5 December 2017].
Asylum and Immigration (Treatment of Claimants) Act 2004 (c. 19), Section 2 [online]. Available from: https://www.legislation.gov.uk/ukpga/2004/19/contents [Accessed 5 December 2017].
Blank, J., 2007. Sex trafficking: “a family business”. In: M.W. Karraker, ed., Global Families. Boston, MA: Allyn & Bacon.
Coroners and Justice Act 2009 (c. 25) [online]. Available from: http://www.legislation.gov.uk/ukpga/2009/25/contents [Accessed 5 December 2017], Section 71.
Council of Europe, 2005. Convention on Action against Trafficking in Human Beings. Council of Europe Treaty Series - No. 197 [online]. Warsaw, 16 May. Available from: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/197 [Accessed 30 November 2017].
Global Alliance against Traffic in Women, 2010. Beyond Borders: Exploring Links between Trafficking and Gender [online]. GAATW Working Paper Series. Available from: http://www.gaatw.org/publications/WP_on_Gender.pdf [Accessed 5 December 2017].
Group of Experts on Action against Trafficking in Human Beings, 2012. Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the United Kingdom. First evaluation round [online]. Strasbourg: Council of Europe. Secretariat of the Council of Europe Convention on Action against Trafficking in Human Beings of the Directorate General of Human Rights and Legal Affairs. 12 September. Available from: https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/greta_report_united_kingdom_2012_en_0.pdf [Accessed 5 December 2017].
Hales, L., and Gelsthorpe, L., 2012. The Criminalisation of Migrant Women. University of Cambridge: Institute of Criminology.
Immigration Act 2014 (c. 22) [online]. Available from: http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted [Accessed 5 December 2017].
L, HVN, THN and T v R [2013] EWCA Crim 991.
Ministry of Justice, 2008. A Strategy for Managing Foreign National Prisoners in the Female Estate. London: Ministry of Justice, Women and Young People’s Group.
Ministry of Justice, 2010a. Offender Management Caseload Statistics 2009. London: Ministry of Justice.
Ministry of Justice, 2010b. Statistics on Women and the Criminal Justice System. Ministry of Justice Publication under Section 95 of the Criminal Justice Act 1991. London: Ministry of Justice.
National Crime Agency, 2014. United Kingdom Human Trafficking Centre National Referral Mechanism Statistics 2013 [online]. 20 January. Available from: http://www.nationalcrimeagency.gov.uk/publications/139-national-referral-mechanism-statistics-2013/file [Accessed 5 December 2017].
Palidda, S., ed., 2011. Racial Criminalization of Migrants in the 21st Century. Farnham: Ashgate.
Sayad, A., 2004. The Suffering of the Immigrant. Cambridge Polity Press.
UK Borders Act 2007 (c. 30) [online]. Available from: https://www.legislation.gov.uk/ukpga/2007/30/contents [Accessed 5 December 2017].
United Nations General Assembly, 2000. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime [referred to as Palermo Protocol]. UN General Assembly Resolution A/RES/55/25 of 15 November. New York: UN Treaty Series [online], vol. 2237, p. 319. Available from: https://treaties.un.org/doc/publication/mtdsg/volume%20ii/chapter%20xviii/xviii-12-a.en.pdf [Accessed 14 December 2017].
Villacampa, C., and Torres, N., 2014. Trafficked Women in Prison. The Problem of Double Punishment. European Journal on Criminal Policy and Research, 21 (1), 99-115. DOI: https://doi.org/10.1007/s10610-014-9240-z
Webb, S., and Burrows, J., 2009. Organised immigration crime: a post-conviction study. Research Report 15. London: Home Office.
Zimmerman, C., and Watts, C., 2003. WHO Ethical and Safety Recommendations for Interviewing Trafficked Women. Geneva: World Health Organisation.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2018 Liz Hales
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
OSLS strictly respects intellectual property rights and it is our policy that the author retains copyright, and articles are made available under a Creative Commons licence. The Creative Commons Non-Commercial Attribution No-Derivatives licence is our default licence, further details available at https://creativecommons.org/licenses/by-nc-nd/4.0 If this is not acceptable to you, please contact us.
The non-exclusive permission you grant to us includes the rights to disseminate the bibliographic details of the article, including the abstract supplied by you, and to authorise others, including bibliographic databases, indexing and contents alerting services, to copy and communicate these details.
For information on how to share and store your own article at each stage of production from submission to final publication, please read our Self-Archiving and Sharing policy.
The Copyright Notice showing the author and co-authors, and the Creative Commons license will be displayed on the article, and you must agree to this as part of the submission process. Please ensure that all co-authors are properly attributed and that they understand and accept these terms.