FROM BONDAGE TO FREEDOM
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trafficking, rape, sexual slavery, enforced prostitution, forced labour or
any other form of sexual violence of comparable nature. But for the exercise
of this jurisdiction the above acts must be committed as part of a
widespread or systematic attack directed against any civilian population,
with the knowledge of the attack. This is a difficult condition to be met
thereby making ICC ineffective in dealing with cases of human trafficking.
Therefore, it is recommended that ICC be given specific jurisdiction to
deal with human trafficking. Thus there is a need to further strengthen
the UN system in its fight against trafficking.
E.
Governmental Mechanisms
The regional human rights system further provides the necessary
push to the operationalisation of human rights concerns for the trafficked
persons. Regional mechanisms applicable to trafficking vary widely from
region to region. Some of these mechanisms would be taken up here for
analysis.
i) Europe
a.
European Convention on
Human Rights, 1950
It mainly incorporates the civil
and political rights enshrined in the
UDHR. All members of the Council
of Europe are parties to the
Convention, which is also applicable
to their overseas territories.
b.
European Social Charter,
1961
European Convention on
Human Rights, 1950.
• Freedom from of torture or
inhuman
or
degrading
treatment.
• Freedom from slavery, servitude
or forced labour.
• Right to liberty and security of
person.
The Charter deals with the economic, social and cultural rights. The
State Parties resolve to make every effort in common to improve the
standard of living and to promote the social well-being of both their urban
and rural populations by means of appropriate institutions and actions.
The relevant provision of the charter provides right of migrant workers
and their families to protection and assistance.