Human Rights Law Assignment Sample

Introduction: Human Rights Law

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Human trafficking and the slave trade in internationally and in Australia have been evaluated and have a reflection on understanding the basic human rights against those issues. The required response of the Australian and international response on the Human trafficking and slave trade has been accumulated which can help in understanding the major initiative and appropriate steps. The supported arguments based on the steps taken by Australia have been accumulated and make an effect on the valuation of the required human rights as well. Proper valuation of the supported argument against slavery can be included which can help in better understanding the result in an appropriate way.

Australian and international response to the contemporary human trafficking and slave trade

Contemporary human trafficking refers to the physical movement of humans within and across the border by “deceptive means, force or coercion”. As per the view of Bryant & Landman (2020), people who can mainly commit human trafficking are mainly motivated by continued exploitation and continued human trafficking until they were reached their destination country. The valuation and required implication on conducting the valuation of the human trafficking and slave trades have the legal offence that has been committed by the respected country government and have implications in reducing the salve trades (afp.gov.au, 2022). The human trafficking and slave trade is the major violation of the people’s human rights and it has mainly occurred due to “Servitude, Forced labour and Debt Bondage”.

“Forced labour and trafficking” is one of the required parts that have been estimated by the “international labour organisation” which can take the step to measure the number of human trafficking victims. The internal valuation for modern slavery has been estimated which can help in understanding the major valuation and the number of the slavery or number of people affected by this brutal effect. It has been estimated that 40.3 million people are affected by the slave trade in 167 countries around the work in the year 2018 (statista.com, 2022). The effective estimation of this data range clearly shows the ineffective position in the context of the slave trade internationally and makes an effect on analysing all the changes in the treaties in context to understanding their requirements [Refer to appendix 1].

The valuation of the exact number of the victims is impossible, as the number of the slave trade has been increasing day by day. Based on the reference of Smith (2019), the human trafficking and slavery trade mainly occurred and forced them to work in the sex, agriculture and construction industries. Apart from them, the slaves are also forced to work in different places such as “nail bars, car washes, and cannabis farms” and most children are found working in those places.

Most of the time, the British victims tend and fall hardest with the lure of having well-paid work with the proper accommodation which is fully a cruel lie. On the other hand, online fraud has also played an effective role in increasing the slave trade with the job advert and trapped people in this type of issue. In most cases, people are trapped in job advertisements and trapped people in sexual exploitation. On the contrary, victims are threatened with extreme violence in terms of “criminals exert control”. In order to reduce these types of slave trades and human trafficking, international countries have taken the effective step.

The UK has prepared the unit with the “Modern Slavery Human Trafficking Unit (MSHTU)” which can lead to taking the required efforts against human trafficking. The Uk has worked on that major issue and tried to pursue the offenders and try to provide safeguards to the victims as well. MSHTU has analyzed the major components on which it can work and make an effect on dealing with the offenders. The three major terms have been the priority of the MSHTU as “ disruption and prosecution on identifying the offenders, effective operational practices and best evidence”. The best care for the victim has been implemented by the UK which can help most of the victims recover from the deep trauma.

On the other hand, Australia has also taken the major initiative in term deal with the increase of human trafficking and slave trade. It has provided a strategic framework that has an effective work process to deal with the issue and has an implication for changing the number of victims. The analysed strategic plan has been d “National Action Plan to Combat Modern Slavery 2020-25”. This “national action plan” has been published in Australia in 2020 for five years where it can work on the specific mission to control the issue and a reflection on actively preventing all forms of modern slavery. It can provide full support to the victims and effectively protect them with the effective implication and analysis of this type of slave trade.

The law of Australia has criminalised human trafficking and slavery that has been mainly conducted under “Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995” (homeaffairs.gov.au, 2022). “Criminal Code criminalizes slavery” in Division 270 has required condition for one to have power and ownership. As per the view of Sihotang & Wiriya (2021), it has been stated that the slavery offence has been applied to the particular person, as it is the universal jurisdiction whether or not the offenders and victims are citizens and residents of Australia. On the other hand, Criminal Code for division 271 mainly contains the specific offence for trafficking and the slave trade. The fulfillment of the obligation under the “Protocol to Prevent, Suppress and Punish Trafficking in Persons” has included a separate punishment for each offense. Division 271 has also included a separate offense for the victims of “debt bondage and harboring”(homeaffairs.gov.au, 2022).

The required “Legislative amendments” have been also developed in Australia against the proper enhancement of the required steps taken by “Australia's legislative frameworks” with respect to dealing with the “human trafficking and slave trade”. The Australian Parliament had mainly passed out the two major acts that have been effectively enhanced by “Australia's legislative frameworks” which are clearly related to the “human trafficking and slave trade” in 2013. It has mainly included two acts “The crimes Legislation Amendment and Crimes Legislation Amendment”. These amendments have clearly stated all the major crimes related to human trafficking that can help it deal with the offence. On the other hand, it had been clarified by the Australian Parliament by passing out the “Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015” which can amend division 270 (homeaffairs.gov.au, 2022). It has mainly stated the criminal code and has the clearance over the slavery offences as it is the universal jurisdiction.

Purpose of main treaties and control measures

The main treaties for the control measure of the increase of the human trafficking and slave trade have major implications that acn help in reducing the number of incidents in the appropriate way. It has required facilitating the proper implementation of the educational program and awareness of the basic human rights that can help people in understanding their own facilities to not be involved in this type of scam and fraud. It has been required to include the “educational programmes for vulnerable communities” and try to develop theory knowledge as well. Effective changes in the way to educate the people can help in being aware of fraud. On the other hand, the governments can needs to develop an awareness program and several schemes for preventing human trafficking and also the slave trade.

One of the most important things that have been required by the government is to take the proper steps in terms of developing several laws and orders for ensuring the overall prevention of trafficking in an appropriate way. In the opinion of Sihotang & Wiriya (2021), these types of required staples can help people in the effective valuation of the work and estimation in an appropriate way. The “Anti-Slavery Australia” helped more than 400 people who had been trafficked and traded “to or from” Australia and majorly faced Modern slavery in 2021 which included “forced marriage, servitude and forced labour”. The proper measure of these offences has been the major implication in terms of dealing with the arising issue and creating an effect on conducting awareness in the people as well.

Conclusion

It has been concluded that the valuation of the international and Australian has been effectively identified based on the proper valuation of the “human trafficked and slave trade”. The response of the international and Australia has effectively identified and made implications on the analysis required to act and laws passed against those types of the issue. The awareness about human trafficking has been less as it is a modern form of slavery that implies extreme labour exploitation. On the other hand, it can properly define the major factors and treaties, which has been based on reducing the slave trade and make implications of controlling those issues. It has been effectively evaluated that more than 40.3 million have been affected by human trafficking within 167 countries.

Reference

• afp.gov.au, (2022), Human trafficking. Retrieved on 1st December 2022 from: https://www.afp.gov.au/what-we-do/crime-types/human-trafficking
• Bryant, K., & Landman, T. (2020). Combatting human trafficking since Palermo: What do we know about what works?. Journal of Human Trafficking, 6(2), 119-140. Retrieved on 1st December 2022 from: https://www.tandfonline.com/doi/abs/10.1080/23322705.2020.1690097
• homeaffairs.gov.au, (2022). Criminalising human trafficking. Retrieved on 1st December 2022 from: https://www.homeaffairs.gov.au/about-us/our-portfolios/criminal-justice/people-smuggling-human-trafficking/human-trafficking
• nationalcrimeagency.gov.uk, (2022), Modern slavery and human trafficking. Retrieved on 1st December 2022 from: https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/modern-slavery-and-human-trafficking
• Sihotang, N., & Wiriya, C. (2021). Human Trafficking in Thailand in Perspective of Human Rights Law. Journal of Law and Legal Reform, 2(4), 505-514. Retrieved on 1st December 2022 from: https://journal.unnes.ac.id/sju/index.php/jllr/article/view/48760
• Smith, R. D. (2019). The business of human trafficking: slaves and money between Western Italy and the House of Islam before the crusades (c. 900–c. 1100). Journal of Medieval History, 45(5), 523-552. Retrieved on 1st December 2022 from: https://www.tandfonline.com/doi/abs/10.1080/03044181.2019.1669210
• statista.com. (2022), Modern Slavery Is A Brutal Reality Worldwide, Retrieved on 1st December 2022 from: https://www.statista.com/chart/4937/modern-slavery-is-a-brutal-reality-worldwide/

Appendix 1

(Source: statista.com, 2022)