Murphy, Muiread (2025) A Socio-Legal Study of Stakeholder Perspectives on the Identification of Victims of Trafficking in Human Beings for the Purpose of Labour Exploitation Across European States. PhD thesis, National University of Ireland Maynooth.
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Abstract
This thesis is a socio-legal analysis of stakeholder perspectives on the identification of
victims of trafficking in human beings for the purpose of labour exploitation (THB-LE),
focusing on the practical operation of the identification procedure, multi-stakeholder cooperation
and, training and awareness measures. Through 42 semi-structured interviews
with labour inspectors, criminal law enforcement officials, trade unionists and
representatives from non-governmental organisations, it captures bottom-up insights on
the gap between the law and practice of identification. This is combined with a top-down
analysis of Article 10 of the Council of Europe Convention on Action against Trafficking
in Human Beings. Overall, the data highlights both limitations to the international legal
framework itself, and gaps between the obligation to identify under international law and
its practical realisation in Europe.
The interview findings suggest that the identification procedure should be understood as
encompassing the two distinct processes of detection and formal identification. Yet,
Article 10 only covers formal identification. The research thus finds a significant lacuna
in the legal framework. The analysis also reveals practical barriers to effective
identification relating to, for example, shifting the burden of identification to victims and
difficulties in distinguishing the boundary between a labour law violation and THB-LE.
The thesis establishes that the enduring criminal justice approach to trafficking in human
beings hinders the effectiveness of the identification procedure by limiting the formal
identification process to criminal law enforcement officials. Concurrently, it reveals
challenges to the substantive realisation of a multi-stakeholder integrated approach due
to, inter alia, stakeholders’ conflicting agendas and the failure to adequately recognise
certain labour market stakeholders, including trade unions.
Finally, the thesis makes recommendations for states to improve the practice of
identification, for example, by mapping the duties of relevant stakeholders to delineate
areas of convergence and align their efforts.
Item Type: | Thesis (PhD) |
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Keywords: | Socio-Legal Study; Stakeholder Perspectives; Identification; Victims of Trafficking; Human Beings; Purpose of Labour; Exploitation; European States; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 19927 |
Depositing User: | IR eTheses |
Date Deposited: | 03 Jun 2025 11:08 |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19927 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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