Legal aspects of trafficking for forced labour purposes in Europe

With numerous case examples of law and judicial practice from Europe, and some other countries, Rohit Malpani painstakingly reviews the present gaps in identification and prosecution of trafficking for forced labour cases, as well as deficiencies in approaches to prevention and to compensation for the abuses suffered by the victims of trafficking.

With very few exceptions, forced labour is not defined in any detail in national legislation, making it difficult for law enforcement agents to identify and prosecute the offence. As a consequence, there have been very few prosecutions for forced labour offences in the world.
Rohit Malpani takes as his starting point some concepts and provisions of the Palermo Trafficking Protocol – with a particular focus on the concept of “abuse of vulnerability” – arguing that these need to be articulated carefully in national legislation if they are to lead to more effective law enforcement and protection of trafficked victims. He also makes a significant contribution to the law and policy debates on anti-trafficking, by considering the key role of labour and employment law and institutions. Vital concerns include the role of employment tribunals, the legal oversight of work permits, and the linkages between forced labour and inadequate subcontracting practices. The problems, as well as examples of good practices, are clearly illustrated through specific cases from a range of Central, East and West European countries.