Human trafficking in Spain. Critical analysis of the current legislation and proposals for a better protection of victims
DOI:
https://doi.org/10.20318/universitas.2020.5869Keywords:
Spanish Penal Code, Warsaw Convention, human rights, human trafficking, identification, Palermo Protocol, secondary victimizationAbstract
This paper aims to portray the reality of human trafficking in Spain, where both legislation and public policies have proved inadequate for tackling the issue from a human rights perspective. Hence, after defining the concept of human trafficking, the exigences that derive from the international legislation will be explained. Then, the extent to which the Spanish legal order meets each specific international requirement will be examined. The mechanism established in Spain for identifying victims of human trafficking will also be called into question, as its lack of sensitivity may be triggering secondary victimization sentiments among the victims. Lastly, a comparative analysis of another seven European legal orders will be carried out as a means to provide the Spanish State with specific recommendations for ameliorating its overall approach to human trafficking.Downloads
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