4) Article 11 applies to the provision of the Palermo Protocol mutatis mutandi,
which requires that “State Parties ensure that criminal sanctions for trafficking in
persons take into account the gravity of the exploitation offense.”
The Palermo Convention’s obligatory tenets, prevention, protection, and the promotion
of prosecution, commonly referred to as the 3-P index of measures and mechanisms,
serve as an intervention to human trafficking, smuggling, and exploitation of children on
land, territorial waters, and the high seas (mare liberum—international waters).
The 3-P index serves as a globally evaluated government anti-trafficking system
to evaluate three policy dimensions: prevention, protection, and prosecution. It is
structured to identify and to provide protection for victims of human trafficking. The 3-P
index suggests that the policy focus is on human rights and the actual implementation of
written laws that are essental to achieving the policy objectives. Each of the 3P policy
areas are evaluated on a 5-point scale. Each policy index is aggregated to the overall
3P Anti-trafficking Index as the sum (score 3-15). Under each policy index, one is an
indicator of no-compliance and five represents full-compliance. As such, they have the
capacity to avert and mitigate high-risk situations associated with vulnerable populations
in forced migration, stateless refugee and stateless non-refugee status, when displaced
due to human rights violations and support the essential elements of the four pillars of
legal empowerment.
This article has shown that the
“the legal empowerment of the
legal empowerment of the stateless
stateless can be achieved through can be achieved through multiple
means, whether through the use of the
multiple means”
law to prevent particular actions or
events from occurring; or by balancing global human rights concerns with criminal
justice for vulnerable populations who have become displaced, stateless refugees, and
stateless non-refugees. Member states can further enhance prevention and protection
by promoting awareness-raising programmes for policymakers, criminal justice
practitioners, authorities for border and immigration, field labour inspectors, legal and
health practitioners, NGOs, advocates, and social workers, among others in the tireless
efforts to address multiple forms of exploitation of vulnerable populations. The stateless,
despite their general poverty and marginalization, can use domestic legal tools, as well
as those found in the international legal sphere, to achieve legal empowerment and
influence decisions that affect them.
Please direct inquiries about “Statelessness and the struggle to close the
gap” to Tanya Faye Herring (sop660@bangor.ac.uk).
http://community.apsanet.org/migrationcitizenship/home
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