78223 Law of Slavery and Human Trafficking
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Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76034 Law of Slavery and Human Trafficking AND 78222 Law of Slavery and Human Trafficking
Description
Slavery and human trafficking are transnational crimes. This subject comprehensively explains and evaluates international and domestic responses to slavery and human trafficking within an international law and human rights framework. While the subject addresses international law, it does so with an appreciation of the practical application of the law. The subject draws students to a critical evaluation of the state's responsibility to protect and support, and develop effective criminal justice responses. Areas covered include: the legal definitions; the international legal framework; the intersection between migrant worker exploitation, slavery and trafficking; the gender implications of slavery; trafficking and refugee law; and trafficking as a crime against humanity. State responsibility at international law is reviewed to develop a sound knowledge of the state's obligations to protect and support as well as to promote the application of effective remedies. An effective domestic and international criminal justice response is critical in the development of a framework to prevent trafficking and ensure prosecution of transnational crimes. The dimension of slavery and trafficking — the link between such transnational crimes, economic opportunities, substandard working conditions and migration — is explored. Vulnerability to trafficking, the issues of demand and the supply chain, and corruption are addressed, as well as compliance standards, monitoring mechanisms and the role of civil society. Finally, the course concludes with consideration of a body of international literature which is critical to the implementation of anti-trafficking measures.
At the end of the course, students are expected to have a deep understanding of the principles of international law and their application within the Australian domestic context. Students also gain sophisticated insight and understanding of the application of international law through a comprehensive evaluation of selected areas of law.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand, analyse and evaluate social and legal contexts underpinning slavery and human trafficking, to identify international obligations to prevent trafficking and protect those trafficked; |
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| 2. | demonstrate knowledge of international and domestic legal definitions, legal frameworks, international obligations, State responses to slavery and human trafficking and the characteristics of an effective criminal justice response; |
| 3. | demonstrate a sophisticated understanding of slavery and human trafficking in the modern world, to develop the ability to formulate workable responses to prevent trafficking, protect those trafficked and appreciate the role of multilateral and bilateral agreements in the development of criminal justice frameworks. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Ethics and Professional Responsibility
An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
Teaching and learning strategies
Strategy 1 - Lectures to introduce, explain and develop knowledge, and outline major concepts, theories and principles.
Strategy 2 - Participatory seminar classes will encourage independent evaluation and critical evaluation and analysis.
Strategy 3 - Class presentations will develop theoretical and practical understanding of the subject.
Strategy 4 - Independent research and writing to foster research skill, evaluation and critical analysis
Strategy 5 - The subject will be supported by UTS Online
Strategy 6 - Guest lecturers may be invited to contribute practical and international expertise
Content (topics)
Topic 1 - International Legal Definitions and International Frameworks.
Topic 2 - Vulnerability to trafficking and State Responsibility.
Topic 3 - International obligations to protect and support trafficked people. Effective remedies.
Topic 4 - Effective criminal justice responses and compliance.
Topic 5 - Australia’s response to people slavery and human trafficking.
Assessment
Assessment task 1: Research Essay
| Intent: | To develop critical thinking and analysis, evaluate legal issues and appreciate global issues in the formulation of legal responses to slavery and trafficking. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 3.0 |
| Type: | Essay |
| Groupwork: | Individual |
| Weight: | 60% |
| Length: | 4500 words |
| Criteria: | Legal research, critical thinking and evaluation, logical argument and writing style. |
Assessment task 2: Seminar Presentation
| Intent: | To encourage clear communication of legal concepts and issues and promotion of informed debate amongst class participants. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 3.0 |
| Type: | Presentation |
| Weight: | 20% |
| Length: | Approximately 1000 words equivalent. |
| Criteria: | Assessment criteria will focus on a demonstrated understanding of the issues, research skills, analysis, presentation of material and communication with group. |
Assessment task 3: Reaction Papers 1 & 2
| Intent: | To promote reflection on class readings and to promote informed discussion of the issues. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 3.0 |
| Type: | Reflection |
| Weight: | 20% |
| Length: | 500 words each. |
Required texts
Anne Gallagher, International Law of Human Trafficking, (Cambridge University Press,2010)
References
International Conventions
United Nations Convention against Transnational Organized Crime, GA Res 55/25, UN GAOR, 55th sess, 62nd plen mtg, UN Doc A/RES/55/25 (8 January 2001).
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, GA Res 55/25, UN GAOR, 55th session, 62nd plen mtg, UN Doc A/RES/55/2 (15 November 2000)
International Convention to Suppress the Slave Trade and Slavery, open for signature 25 September 1926, 212 UNTS 17 (entered into force 18 June 1927).
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, open for signature 7 September 1956, 226 UNTS 3 (entered into force 30 April 1957)
Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979, 660 UNTS 195 (entered into force 3 September 1981) (‘CEDAW’).
International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 23(2).
Convention on the Rights of the Child (opened for signature 20 November 1989) 1577 UNTS 3 (entered into force 2 September 1990)
United Nations and international organisations
United Nations Office on Drugs and Crime Division, Model Law against Trafficking in Persons (6 July 2009) <. http://www.unodc.org/unodc/en/frontpage/2009/July/model-law-on-trafficking-in-persons-.html >.
United Nations Office on Drugs and Crime Division, Legislative Guides for the implementation of the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto, Part 2 (2004) < http://www.unodc.org/unodc/en/treaties/CTOC/legislative-guide.html >
International Labor Organisation, A Global Alliance Against Forced Labour :Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (1 March 2005), p 58 [273] < http://www.ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_081882/lang--en/index.htm
UN, Specific Human Rights Issues: Contemporary Forms of Slavery: Report of the Working Group on Contemporary Forms of Slavery in its twenty-eighth session, E/CN.4/Sub.2/2003/31 (2003).
Sigma Huda, Report of the Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children, Human Rights Council, 4th session, Agenda Item 2, UN
Australian Legislation
Criminal Code Amendment (Slavery and Sexual Servitude) Offences Act 1999 (Cth)
Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 (Cth)
Crimes Legislation Amendment (Slavery, Slavery-Like Conditions and People Trafficking) Act 2013
Australian case-law
The Queen v Tang (2008) 237 CLR 1
Sieders v R; Somsri v R [2008] NSWCCA 187
Australian government publications
Attorney-General’s Department, Discussion Paper: Forced and Servile Marriage, (2010).
Attorney-General’s Department, Discussion Paper: The Criminal Justice Response to Slavery and People Trafficking; Reparation; and Vulnerable Witness Protection (2010)
Attorney General’s Department, Trafficking in Persons. The Australian Government Response, 1 May 2009-30 June 2010; and Report from July 2010-June 2011.
Attorney General’s Department, Trafficking in Persons. The Australian Government Response, January 2004-April 2009.
Fiona David, Australian Institute of Criminology, Labour trafficking AIC Reports Research and Public Policy Series 108, 2010.
Sally Cameron, & Edward Newman, eds, Trafficking in Humans. Social, Cultural and Political Dimensions, United Nations Press, 2008.
Beate Andrees and Patrick Belser, eds. Forced Labor: Coercion and Exploitation in the Private Economy, Lynne Rienner Publishers, 2009.
Suzanne Miers, Slavery in the Twentieth Century. The Evolution of a Global Problem, Altamira Press, 2003.
Other resources
National Websites
Anti-Slavery Australia, University of Technology, Sydney www.antislavey.org.au
Australian Human Rights Commission
Amnesty International www.amnesty.org.au
Australian Government websites
Australian Institute of Criminology www.aic.gov.au
Attorney-General’s Department www.ag.gov.au
Australian Federal Police www.afp.gov.au
Department of Families, Housing, Community Services and Indigenous Affairs
Department of Education, Employment and Workplace Relations www.deewr.gov.au
Department of Immigration and Citizenship www.immi.gov.au
Fair Work Ombudsman www.fwo.gov.au
Australian Crime Commission www.crimecommission.gov.au
Department of Foreign Affairs and Trade www.dfat.gov.au
AusAid www.ausaid.gov.au
International websites
Human Rights Watch www.hrw.org
Anti-Slavery International www.antislavery.org
Human trafficking – www.humantrafficking.org
Child Wise www.childwise.net
International Organisation for Migration (IOM) www.iom.int
UN Global Initiative to Fight Human Trafficking www.ungift.org
United Nations Office on Drugs and Crime www.unodc.org
International Labour Organisation www.ilo.org
Office for Democratic Institutions and Human Rights www.osce.org
