The Gray Area in the Concept of Human Trafficking: Between the Text of the Law and the Purpose of Criminalization

Abstract

The first chapter (“The Gray Area in the Concept of Human Trafficking: Between the Text of the Law and the Purpose of Criminalization”) is dedicated to the concept of human trafficking and the correct interpretation of its ambiguous elements, thus promoting coherence in the application of this unique legal instrument in practice. The problem of defining the concept of exploitation and the limitlessness of the concept of abuse of a position of vulnerability are also analyzed in this chapter. After this analysis, it is submitted that in order to recognize the existence of exploitation or the intent to exploit, it is necessary to assess not only the formal list of areas of exploitation, but also: what real harm (discrimination, injustice, humiliation, disease) the victim has experienced or could experience as a result of the exploiters’ behavior; how much the exploiters have benefited from it; and whether this behavior correlates with traffickers’ usual methods of control over victims. The application of the concept of abuse of vulnerability must consider not only the victim’s situation and lived experience, but also other aspects of the case that may negate the legal significance of the victim’s consent to the traffickers’ malicious offers.