‘Trafficking’ and ‘smuggling’ of human beings in Europe: Protection of individual rights or States’ Interests?

The original version of this article was presented at the Durham European Law Institute's Postgraduate Weekend Conference held between 13 - 15 July 2001.

Abstract:

This article examines the extent to which trafficking is perceived and treated as a human rights issue in Europe. It begins with an analysis of the definitions of trafficking offered by European regional organisations (EU, CoE and OSCE) in an attempt to understand how they perceive trafficking in human rights or other terms. The distinction between 'trafficking' and 'smuggling' also is explored to illustrate different perceptions in relation to smuggling. The article then offers an analysis of how these regional organisations have been or are likely to be successful in addressing human rights issues related to trafficking. This is done by highlighting programmes on trafficking implemented by the regional organisations and by analysing conflicting objectives in immigration and border control. The paper concludes by asserting that although the recognition of human rights implications of trafficking is crucial, border and immigration control policies are making it difficult to promote and protect the human rights of those trafficked in Europe.