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I believe that legislation can be one of the primary sources of social change and social regulation. Legislative measures are some of the most effective means of combating a serious problem such as trafficking in persons.

This booklet is designed to provide the reader with a basic understanding of the appropriate legal responses to trafficking in persons in accordance with international law and comparative legislation. The booklet offers a graphic presentation of the main legislative instruments in simple and non-technical language, but without compromising any legal terms.

I argue that five basic elements should be incorporated into any antitrafficking legislation. First, laws must recognize all forms of trafficking as specific crimes that are subject to serious sanctions. Second, these laws must identify the trafficked person as a victim of a crime who is entitled to basic human rights, while taking into consideration not only the victim already identified as such, but also the derivative victim, the vulnerable victim, the potential victim, and the presumed victim. Third, countries should adopt a comprehensive Five P’s approach to combating trafficking in persons, including prevention, protection, provision, prosecution, and participation. Fourth, laws must target all actors in the trafficking enterprise, including the natural person, the legal person, the private person, and the public person. Finally, countries should acknowledge trafficking in persons as a transnational crime that warrants transnational policies. These should especially cover extraterritoriality, extradition, and the exchange of information.

This booklet explains these five basic elements as based upon the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime as well as the Council of Europe Convention on Action against Trafficking in Human Beings. The United States Trafficking Victims Protection Act is included to provide a comparative model in combating trafficking in persons. Trafficking-related statutes under international law and domestic legislation are also considered.

I would like to thank Marina Elefante, Anna Koppel, and George Sadek for conducting extensive background research and meticulously editing the document. I am also grateful to Kashka Kisztelinska of KMK Studio for designing this booklet.

I hope you find this information helpful.

Mohamed Mattar

Adjunct Professor of Law and

Executive Director

The Projection Project

Access the full booklet in PDF format by clicking on the link below.