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Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?

Tens of thousands of men, women and children are being trafficked around the world and brutally exploited. This research investigated if SA law and policy is equipped to deal with the peculiarities of Human Trafficking. This dissertation's central thesis is that the legal and policy response to huma...

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Main Author: Houston, Lorna
Other Authors: Lutchman, Salona
Format: Thesis
Language:English
Published: Department of Public Law 2020
Subjects:
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access_status_str Open Access
author Houston, Lorna
author2 Lutchman, Salona
author_browse Houston, Lorna
Lutchman, Salona
author_facet Lutchman, Salona
Houston, Lorna
author_sort Houston, Lorna
collection Thesis
description Tens of thousands of men, women and children are being trafficked around the world and brutally exploited. This research investigated if SA law and policy is equipped to deal with the peculiarities of Human Trafficking. This dissertation's central thesis is that the legal and policy response to human trafficking in South Africa is inadequate to deal with its peculiarities. The anti-trafficking response must extend beyond the application of human rights and criminal law to include a cross-cutting, multi-sectoral, socio-economic and political response that addresses its causes and consequences. The study considers and explores the definition of human trafficking, its causes, consequences and the peculiarities and specificities of human trafficking in SA. The international, regional and domestic legal frameworks and their relevance for human trafficking is outlined with emphasis on the Prevention and Combatting of Trafficking in Persons Act 7 of 2013 and the National Policy Framework. A feminist lens using Intersectionality and Standpoint Theory, is applied to inform the critical analysis of the research question. This thesis demonstrated that South Africa's law and policy although promising, is insufficient in dealing with the peculiarities of human trafficking. The law needs to better account for the root causes of trafficking. It is essential that this response is informed by intersectionality to enable the implementation of broader solutions especially addressing the violation of social and economic rights and the root causes of trafficking.
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provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2020
publishDateRange 2020
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spelling oai:open.uct.ac.za:11427/32276 Is SA law and policy equipped to deal with the peculiarities of Human Trafficking? Houston, Lorna Lutchman, Salona Human Rights Law Tens of thousands of men, women and children are being trafficked around the world and brutally exploited. This research investigated if SA law and policy is equipped to deal with the peculiarities of Human Trafficking. This dissertation's central thesis is that the legal and policy response to human trafficking in South Africa is inadequate to deal with its peculiarities. The anti-trafficking response must extend beyond the application of human rights and criminal law to include a cross-cutting, multi-sectoral, socio-economic and political response that addresses its causes and consequences. The study considers and explores the definition of human trafficking, its causes, consequences and the peculiarities and specificities of human trafficking in SA. The international, regional and domestic legal frameworks and their relevance for human trafficking is outlined with emphasis on the Prevention and Combatting of Trafficking in Persons Act 7 of 2013 and the National Policy Framework. A feminist lens using Intersectionality and Standpoint Theory, is applied to inform the critical analysis of the research question. This thesis demonstrated that South Africa's law and policy although promising, is insufficient in dealing with the peculiarities of human trafficking. The law needs to better account for the root causes of trafficking. It is essential that this response is informed by intersectionality to enable the implementation of broader solutions especially addressing the violation of social and economic rights and the root causes of trafficking. 2020-09-16T09:44:55Z 2020-09-16T09:44:55Z 2020 2020-09-15T12:01:28Z Master Thesis Masters MPhil http://hdl.handle.net/11427/32276 eng application/pdf Department of Public Law Faculty of Law
spellingShingle Human Rights Law
Houston, Lorna
Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
thesis_degree_str Master's
title Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
title_full Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
title_fullStr Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
title_full_unstemmed Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
title_short Is SA law and policy equipped to deal with the peculiarities of Human Trafficking?
title_sort is sa law and policy equipped to deal with the peculiarities of human trafficking
topic Human Rights Law
url http://hdl.handle.net/11427/32276
work_keys_str_mv AT houstonlorna issalawandpolicyequippedtodealwiththepeculiaritiesofhumantrafficking