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Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009

100%

Koss-Goryszewska M.

Archiwum Kryminologii

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2013

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issue XXXV

161-191

EN

The article presents results of an analysis on Polish courts' judgements passed in criminal cases between 1997 and 2009 concerning human trafficking, i.e. former Article 253§1 and 204§4 Penal Code, conducted with an aim to investigate the image of the party injured as a result of such crime. The research included 59 court cases concerning sexual abuse of women, in which a judgement of conviction (either final and binding or not) was passed. The aim of the research was to the reconstruct the process in which a victim of women trafficking is seen by judges, to analyse the language used by judges in dealing with the victims, and to check if there is a specific model or models in the manner the victims' image is seen by judges. As part of this research, an analysis of semantic fields and qualitative analysis were conducted. The conclusions from the former show that the language used by judges when referring to the crime victims is highly diversified: ranging from formal, official registers ('the injured party', 'women', 'witness'), to vernacular and hardly formal, or even vulgar ('white slaves', 'roadside hookers'). As long as the first of the above registers does not carry any judgemental aspect in describing victims of human trafficking, the other style proves how negative the image is: one of a prostitute or a naïve, reckless girl. The semantic field analysis showed that among the expressions referring to the victims, the ones suggesting that the women got what they deserved were predominant. This language contains an element of the victim's causative involvement, suggesting that the women had some part of the blame for the circumstances, or that the circumstances were not as threatening or traumatising. It is often emphasised that the victims themselves agreed to travel, or had had prostitution experience before. Interesting conclusions can be drawn from analysis of semantic field equivalents, or in other words, the expressions used in lieu of the word 'victim'. Two groups emerge from among them: one, negative judgemental language used towards the injured party, and two, neutral. In the former group expressions such as: 'subject of trade', 'social outcast', 'property', 'human merchandise', 'merchandise subject to', 'a working girl', 'ladies of the evening', 'girls' are found. A considerable portion of these expressions indicates that the human trafficking victims are seen as de facto prostitutes ('prostitutes', 'roadside hookers', 'ladies of the evening'). Another thing that draws attention is the register of the language, with examples of colloquial or even vulgar words being used, which is certainly improper in documents of such importance. The fact that judges used inverted commas when they opting for some of these expressions in writing cannot serve as an excuse.

2

Risk Assessment and the Safe Return and Reintegration of Trafficked Persons

88%

Ludwig E.

Archiwum Kryminologii

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2016

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issue XXXVIII

141-160

EN

Human trafficking is a complex crime and a capital perpetration against human rights and in particular women’s rights. Moreover, it is a threat to inter-/national security and freedom. People affected by trafficking often want to or even have to return to their home countries – and they are entitled to a safe return. The expertise on Risk assessment and the Safe Return and Reintegration of trafficked persons from the perspective of Polish institutions aims to enable public officers of Poland to prevent retrafficking and/or other harms and violations of human rights, in case that trafficked persons decide to return to their countries of origin or to resettle to a third country. For that matter, the paper starts with describing the identification process as the most important step in order to enable any further assistance concerning support-, protection-, safety- and possible legal measures; including the preferably voluntary return of a survivor. Having a clear definition of human trafficking – orientated on the Polish Penal Code – is the basic requirement in order to properly identify (presumed) victims of trafficking. As experience and empiricism show, failure in the identification procedure is the most common reason for repeated trafficking in human beings or other violations of human rights. Therefore, the indicators presented in this chapter serve as an identification-checklist for the officers concerned. The experts responsible of the formal identification then have to act upon any suspicion that may arise. As soon as this is given, a reflection period has to be granted to any presumed victim. The provision of this reflection period represents an indispensable principle in the adequate assistance of trafficked persons and is highlighted at the end of the chapter on identification. In the following, the paper continues with the framework of a safe return, where the measures necessary to successfully carrying out a proper risk analysis and designing security scenarios are introduced. In order to prioritize the trafficked person’s rights, safety and dignity, coordinated action in conducting a safe return between state actors and NGOs, embassies and consulates have to be emphasized. After putting a spotlight on the importance of a human rights based approach in the assistance of trafficked persons, the expertise goes more specifically into the required steps to conduct a systematic risk assessment. Here, the history of the trafficked person, research on additional sources in order to compile all possible facts and the concerted shaping of security scenarios between all involved actors are pointed out. A safe return always has to include a successful reintegration in the country of origin respectively in a third country, where the trafficked persons might need to be resettled. For this reason, the situation for survivors after the return is examined. As part of the monitoring procedure, actors have to assess the success of a safe return including the reintegration experiences of a trafficked person. The respective indicators to ensure a successful reintegration are enlisted at the end of that chapter. Finally, the expertise discusses the specific role of Polish public authorities and deals with their prospects and challenges, before it completes with examples from the practical experiences of Anti-Trafficking NGOs. Exigencies like the cooperation with specialized NGOs as early as possible during the identification phase, the provision of legal residences, the needed interventions concerning free mobility of trafficked persons and the requirements to support departure, migration and entry processes are examined more in-depth in the penultimate chapter. Eventually, the expertise describes specific challenges Polish public authorities have to face and closes with the chapter to a Best Practice and a Worst Case Scenario from Anti-Trafficking NGOs.

3

Przyjęcie Chrystusa w uchodźcach i przesiedlonych. Wytyczne pastoralno-kanoniczne

75%

NECEL W.

Prawo Kanoniczne

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2017

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vol. 60

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issue 3

135-149

EN

On the ground of the Erga Migrantes Caritas Christi 2004 instruction, the situation of refugees and expellees requires not only new analyzes and defining their position in the Universal and diocese Churches, but due to the dynamics of the migration phenomenon it is repeatedly necessary to update the pastoral tasks towards these categories of migrants. Political and social unrest in the first two decades of the twenty-first century was a catalyst for the development of the Apostolic See statement: Adoption of Christ in the refugees and forcibly expelled.

PL

Na fundamencie instrukcji Erga migrantes caritas Christi z 2004 roku sytuacja uchodźców i wypędzonych wymagała nie tylko nowych analiz i zdefiniowania ich sytuacji w Kościele Powszechnym oraz w Kościołach diecezjalnych, ale ze względu na dynamikę zjawiska migracji wciąż na nowo konieczna jest aktualizacja zadań duszpasterskich wobec tych kategorii migrantów. Niepokoje polityczne i społeczne w pierwszych dwóch dekadach XXI wieku były swoistym katalizatorem wypracowania przez Stolicę Apostolską instrukcji: Przyjęcie Chrystusa w uchodźcach i przymusowo wypędzonych.

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Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997-2009

Risk Assessment and the Safe Return and Reintegration of Trafficked Persons

Przyjęcie Chrystusa w uchodźcach i przesiedlonych. Wytyczne pastoralno-kanoniczne