Schengen Agreement Human Trafficking

Hathaway, J.C (2008). The human rights marsh of human trafficking. Virginia Journal of International Law, 49, 1-59th Jokinen, A. (2016). Irregular migration, human trafficking and exploitation prevention. Irregular migration, human trafficking and human trafficking: political dilemmas in the EU. Brussel Centre for European Policy Studies, 70-73. Stereotypical portrayals of both phenomena contribute to the creation of the “false realities/truths” that are at the root of the dichotomy between migrant trafficking and human trafficking and their implementation on the ground. As noted in the Methodology section, there is little law in clear understanding of the multiplicity of scenarios found in reality.

It is also questionable whether the distinction between phenomena is imposed by law. In fact, it is difficult to understand why a contraband person should no longer be smuggled when he or she is being exploited or that a victim who is sacrificing is no longer smuggled in. It is also questionable how the already controversial concept of transit migration can be useful in understanding the complex grey area between controversial concepts such as migrant trafficking and human trafficking. This article is not intended to simplify these concepts, but to show their complexity, in the image of the chaotic reality observed empirically. The aim is to encourage scientists and practitioners to take into account the particularly vulnerable positions of people stranded in transit zones, including in a Schengen context where the absence of border controls and border control is accepted, and to question the strict categorisation of individuals in either legal/administrative box. By missing the fuzzy empirical reality of the grey area highlighted above, it becomes easier to divide individuals into strict categories. This categorization can jeopardize the adequate protection of migrants if we take a closer look at the real vulnerability, potential exploitation and abuse of individuals in transit areas (see Brunovskis and Surtees 2019). The consequences of this legal sorting can be extremely serious, because if a person is identified as a victim of human trafficking, he or she can enter the anti-trafficking protection framework, while a contraband person will not.