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Victoria Yiwumi Nge Faison, Opferschutz im Bereich des Menschenhandels: Eine Analyse der völker- und europarechtlichen Vorgaben zum Aufenthalt, International Journal of Refugee Law, Volume 28, Issue 4, 1 December 2016, Pages 753–755, https://doi.org/10.1093/ijrl/eew058
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A right to reside in the country of destination is the best residential option for human trafficking victims, since victims can be treated as legal persons and can assert their rights in court (p 21). In Opferschutz im Bereich des Menschenhandels, Christine Köhler employs human trafficking, refugee, and human rights laws to successfully answer the question whether international and European regulations oblige European Union (EU) Member States to grant residency to victims of human trafficking. Based on Köhler’s PhD dissertation, the book analyses different residential options for third-country victims of trafficking in the EU Member States, a group that the author describes as belonging to the end of the trafficking chain.
The book deals with trafficking for forced labour, including, and emphasizing, trafficking for sexual exploitation as a subset of labour trafficking. Köhler considers it crucial to find out if international and EU laws, especially non-refoulement provisions, merely objectively require Member States to grant residential status to victims, or if they owe victims this right subjectively. Objective obligations issued to Member States are binding, but States have discretion over how to integrate them into their national laws. With subjective obligations, they must grant victims the opportunity to individually choose to claim such rights to residence within their national laws, which thus strengthens the rights of victims (p 53).