Preventing and protecting refugee children from trafficking: a paradigm shift under R2P principle?

Dimitrieva, Jasmina (2019) Preventing and protecting refugee children from trafficking: a paradigm shift under R2P principle? In: Responsibility to Protect: Lessons Learnt and the Way Forward. 1, 1 (341082). Faculty of Law, University in Ljubljana, Ljubljana, pp. 229-244. ISBN 978-961-6447-84-3

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Abstract

According to the index of global peace, children of almost 25% of the States are exposed, or may be exposed to war. They are forced to flee to other countries to seek refuge from mass atrocities. Refugee children are traumatized, have no parents or other family to accompany them, or have no financial means to sustain their risky voyage. Thus, they can easily fall in the hands of human traffickers who exploit them for profits. Whereas the refugee children enjoy the protection of the 1951 Refugee Convention and trafficking in children is an internationally prohibited crime, many states lack the resources and knowledge to prevent and protect refugee children from this hideous crime.
The Responsibility to Protect (R2P) triggers individual and collective responsibility of the States when crimes against humanity are committed. Considering trafficking in refugee children as a serious risk factor for commission of crimes against humanity, question arises as to whether or not there is a need of a shift of the Responsibility to Protect (R2P) paradigm in order to use this principle to prevent trafficking in refugee children. The paper contribute towards the body of knowledge regarding effective global prevention of trafficking in refugee children. The methodology combines legal and comparative analyses of international instruments that create a safety net for refugee children from trafficking. Data are collated from the reports prepared by IOM, UNHCR, UNICEF, CoE, and UNODC and analysed by applying human rights approach and best interest of the child standard. The results show that the R2P principle entails a responsibility for the States to act and jointly collaborate with aim to prevent trafficking in refugee children. The shift of the paradigm under R2P principle will have a high impact on preventing trafficking in refugee children and protecting this vulnerable population. Further research is needed to develop a framework on the manner of application of the R2P principle by the States and the International Community with purpose to protect refugee children who are vulnerable to trafficking.

Item Type: Book Section
Additional Information: The book has been published from the papers presented in the 2019 Conference on R2P organised by the Ljubljana Law Faculty
Uncontrolled Keywords: R2P, trafficking in refugee children
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Jasmina Dimitrieva
Date Deposited: 22 Jun 2021 09:21
Last Modified: 22 Jun 2021 09:21
URI: https://eprints.ugd.edu.mk/id/eprint/28201

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