Victimmigration: When smuggling becomes trafficking

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Human trafficking and human smuggling are often confused and the terms are used interchangeably. Both are considered criminal offences but are different in the harm they cause and the motivations to criminalise the behaviour. This chapter discusses the legal definitions of human trafficking and human smuggling before explaining how these phenomena are interrelated. By addressing four ways in which smuggling can turn into trafficking the blurring boundaries between trafficking and smuggling are analysed. The significance of distinguishing the two is primarily related to the protection and assistance granted to victims of trafficking but not to those who have been smuggled. Therefore, the protection regime in migration law in the EU is discussed and the potential contribution of refugee law to the protection of victims of trafficking is assessed.
Original languageEnglish
Title of host publicationResearch handbook on EU migration and asylum law
EditorsEvangelia Tsourdi, Philippe De Bruycker
Place of PublicationCheltenham
PublisherEdward Elgar Publishing Ltd.
Chapter22
Pages471-485
Number of pages15
ISBN (Electronic)9781786439635
ISBN (Print)9781786439628
DOIs
Publication statusPublished - 13 Dec 2022

Publication series

NameResearch Handbooks in European Law series
PublisherEdward Elgar Publishing Ltd.

Keywords

  • human trafficking
  • human smuggling
  • victimmigration
  • refugee law

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