HUMAN RIGHTS AND HUMAN TRAFFICKING (9:00-11:00am)
Professor Klaus Hoffmann-Holland
This course covers the traditional corner stones of Human Rights Law as well as contemporary challenges to individual protection. Throughout the course, the fight against human trafficking will be portrayed as an example of how states try to contain specific risks for human rights. Different forms of human trafficking, the genesis of the Law of Human Trafficking and the contemporary definition of human trafficking contained in article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons will be discussed. The development of Human Rights Law will be summed up along with a short introduction into basic concepts of International Law (e.g. international legal subjectivity, the sources of international law, and the law of state responsibility). The course will then elaborate on the variety of human rights obligations as regards their geographical coverage, their content and nature. A centerpiece of the course will be the protection against human rights violations through means of National, Transnational and International Criminal Law. In this context, the combat against human trafficking in Transnational Criminal Law (e.g. the Organized Crime Convention and the Trafficking Protocol) and International Criminal Law (e.g. trafficking in persons as a crime against humanity in the Rome Statute of the ICC) will be analyzed. A more general discussion of states' duties to respect and fulfill human rights and to prevent human rights violation will include the fight against poverty and other underlying social causes of particular vulnerabilities for human rights abuses, especially for human trafficking. Human rights in (post-) conflict situations and women's and children's rights are examples of how Human Rights Law and the Law of Human Trafficking seek to deal with such particular vulnerabilities for crime and human rights abuses. The possible tension between strict law enforcement and secondary victimizations of human rights victims will be demonstrated using the example of trafficking victims.