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ix | |
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xiii | |
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xvii | |
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1 | (14) |
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1.1 The Case for a Right Not to Be Trafficked |
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1 | (4) |
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1.2 One Definition, Two Legal Contexts: Individual Criminal Responsibility versus State Responsibility under Human Rights Law |
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5 | (4) |
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1.3 The Scope of the Book: Human Trafficking and the European Legal Space |
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9 | (1) |
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10 | (5) |
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PART I HUMAN TRAFFICKING AND HUMAN RIGHTS LAW |
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2 On the Legal Nature of Human Trafficking |
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15 | (25) |
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2.1 Human Trafficking as a Complex and Contested Phenomenon |
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15 | (4) |
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2.2 A Brief History of Human Trafficking in International Law: From Law Enforcement to Human Rights and Not the Other Way Around |
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19 | (7) |
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2.3 Competing Narratives on the Relationship between Human Trafficking and Human Rights Law |
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26 | (4) |
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2.4 Human Trafficking as a Hybrid Legal Concept |
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30 | (6) |
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2.5 The Value of the Human Rights Approach to Human Trafficking |
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36 | (2) |
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2.6 Final Remarks on the Relationship between Human Trafficking and Human Rights Law |
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38 | (2) |
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3 A Right Not to Be Trafficked? |
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40 | (24) |
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3.1 From Palermo to Strasbourg: The Rantsev Case and the Inclusion of Human Trafficking in the Human Rights Framework |
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41 | (3) |
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3.2 Saving Rantsev: A Case for the Right Not to Be Trafficked |
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44 | (18) |
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3.3 The Notion of `Modern Slavery' in Human Rights Law |
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62 | (2) |
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4 The Notion of Exploitation: Theoretical Foundations of the Human Rights Prohibition of `Modern Slavery' |
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64 | (31) |
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4.1 The Insufficient Engagement with the Notion of Exploitation and International Law |
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66 | (6) |
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4.2 Exploitation in Moral Philosophy |
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72 | (9) |
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4.3 The Emerging Contours of the Concept of Exploitation in Human Rights Law |
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81 | (14) |
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PART II STATE RESPONSIBILITY FOR `MODERN SLAVERY' IN HUMAN RIGHTS LAW |
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5 Positive Obligations as a Means of Establishing State Responsibility for `Modern Slavery' in Human Rights Law |
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95 | (28) |
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5.1 Non-state Actors and Human Rights Law: A Doctrine of Positive Obligations |
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98 | (2) |
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5.2 The Rationale, Legal Basis, and Scope of Positive Obligations |
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100 | (2) |
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5.3 Positive Obligations and `Absolute' Rights |
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102 | (5) |
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5.4 Positive Obligations versus Remedies when Rights Are Infringed by Non-state Actors |
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107 | (9) |
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5.5 The Range and Classification of Positive Obligations: General and Specific Duties |
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116 | (7) |
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6 Human Rights Obligations of States to Address `Modern Slavery' |
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123 | (41) |
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6.1 General Obligation to Establish an Effective Legal Framework |
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124 | (3) |
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6.2 Specific Obligations: A Procedural Duty to Investigate `Modern Slavery' |
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127 | (16) |
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6.3 Specific Obligations: A Duty to Protect Victims of `Modern Slavery' |
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143 | (14) |
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6.4 Remedies for `Modern Slavery': Individual Justice, Structural Change, and the Tale of the Two Courts |
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157 | (5) |
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6.5 `Modern Slavery', `Absolute Rights', and State Responsibility for Acts of Private Violence: New Horizons for the Human Rights Jurisprudence |
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162 | (2) |
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7 The Role of Specialised Anti-trafficking Instruments in Shaping Human Rights Obligations of States to Address `Modern Slavery' |
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164 | (30) |
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7.1 The Palermo Protocol and States' Obligations to Tackle Human Trafficking |
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166 | (3) |
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7.2 The Victim-centred Approach in Post-Palermo Instruments and the `Key Distinction' between Victim Protection and Victims' Human Rights |
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169 | (3) |
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7.3 From Victim Protection Measures to Victims' Human Rights: The Criminal Justice Context |
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172 | (9) |
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7.4 From Victim Protection Measures to Victims' Human Rights: Beyond the Criminal Justice Context |
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181 | (11) |
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7.5 The Future of `Modern Slavery' Jurisprudence |
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192 | (2) |
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8 Conclusion: Human Rights Law, Slavery, and State in the Twenty-First Century |
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194 | (5) |
Bibliography |
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199 | (14) |
Index |
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213 | |