The residence permit for third-country nationals who are victims of human trafficking. A double-face instrument between compliance strategy and protection of human rights

Author:Alessandra Pera
Position:Department of Political Science and International Relationships, University of Palermo, Palermo, Italy
Pages:347-361
SUMMARY

Purpose The aim of the present study is to explore institutional design strategies that promote compliance by regulating peculiar sorts of agents, namely, human trafficking victims, starting from the point of view that institutions assume addressee virtue, but instead should consider the hypothesis of non-compliance or that the measures adopted reveal their inefficiency to satisfy the... (see full summary)

 
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The residence permit for
third-country nationals who are
victims of human trafcking
A double-face instrument between compliance
strategy and protection of human rights
Alessandra Pera
Department of Political Science and International Relationships,
University of Palermo, Palermo, Italy
Abstract
Purpose The aim of the present study is to explore institutional design strategies that promote compliance
by regulating peculiar sorts of agents, namely, human trafcking victims, starting from the point of view that
institutions assume addressee virtue, but instead should consider the hypothesis of non-compliance or that the
measures adopted reveal their inefciency to satisfy the goals they were thought for, or that they are applied
to obtain scopes, which are different from the ones they were conceived for.
Design/methodology/approach Different methodological approaches, both deductive and inductive,
are combined in the present paper, together with comparative and philosophical insights on national court
decisions, scholarly writings, national and international entities’ ofcial reports and statistics.
Findings Because EU member states’ experts are discussing about common guidelines, policies and
standards to manage migration uxes and EU integration process, this study highlights some critical points
arising from the specic condition of a peculiar human trafcking victim: a migrant.
Originality/value The study offers insights into the possible answers in terms of awarding prize to and
humanitarian protection of victims to ght human trafcking and smuggling in a constructive way,
emphasising that these instruments (awarding and humanitarian) are not mutually exclusive and can be
mixed together.
Keywords Human trafcking, Compliance, Social inclusion, Migration studies,
Residence permit for social protection
Paper type Research paper
1. Introduction
In its rst part, the present study offers an overview of some legislative interventions
concerning the ght against human trafcking and, in particular, on the protection of victims
through instruments such as special residence permits for those victims who cooperate with
public authorities or for those who start social protection programmes. Going behind any
rhetorical argument, the analysis will involve the main international (Convention), European
(Directives) and Italian (Statutes) legislation pieces, which represent the legal framework of
reference, where different actors, both public and private entities, such as the judiciary, the
investigation bodies, NGOs and social services act in interpreting and applying such rules.
In the nal part of the study, the result, given by the premises, is that the “living rules” (the
actually applied ones) sometimes are far from the ones contained in the statute law text, and
this can be explained with a compliance approach and partly by the human rights protection
adopted – expressly or not – by the other actors involved.
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm
Protection of
human rights
347
Journalof Financial Crime
Vol.24 No. 2, 2017
pp.347-361
©Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-02-2016-0014

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