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Vahnessa Espig

This chapter presents Article 43 of the CoE Convention against Trafficking, which deals with accession to the Convention. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; explores for instance the accession to the Convention by non-member States of the CoE; and finally discusses issues of interpretation.

Open access

Katerina Simonova

This chapter presents Article 24 of the CoE Convention against Trafficking, which deals with defining aggravating circumstances. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

Open access

Helmut Sax

This chapter presents Article 41 of the CoE Convention against Trafficking, which provides for the procedure to amend the Convention. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

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Julia Planitzer

This chapter presents Article 12 of the CoE Convention against Trafficking, which deals with the assistance to victims, one of the core obligations in the anti-trafficking framework. The provision requires access and availability for victims to a broad variety of services and underlines the importance of civil society service providers. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation covering for instance the unconditionality of assistance. The chapter closes with a conclusion.

Open access

Katerina Simonova

This chapter provides commentary on Article 21 of the CoE Convention against Trafficking, which deals with ‘attempt and aiding or abetting’. The purpose of this provision is to establish additional offences relating to attempted commission and aiding or abetting commission of several offences defined in the Convention. The chapter begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

Open access

Julia Planitzer

This chapter provides commentary on Article 7 of the CoE Convention against Trafficking on border measures. The provision is placed in the Convention’s Chapter II on ‘Prevention, co-operation and other measures’. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

Open access

Julia Planitzer

This chapter presents Article 35 of the CoE Convention against Trafficking, which deals with ‘co-operation with civil society’. The provision formulates a duty to encourage co-operation between state agencies and NGOs. The chapter begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

Open access

Edited by Julia Planitzer and Helmut Sax

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.
Open access

Helmut Sax

This chapter presents Article 37 of the CoE Convention against Trafficking, which deals with the establishment of the ‘Committee of the Parties’ to the Convention, which forms a political peer dimension to the monitoring process, in conjunction with the work of GRETA, the Convention’s independent expert monitoring body (Article 36). It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.

Open access

Barbara Linder

This chapter presents Article 15 of the CoE Convention against Trafficking, which deals with compensation and legal redress. Article 15 covers a wide range of aspects, including the right to legal information, the right to legal assistance and the possibility of getting legal aid, the right to receive compensation from the perpetrator and the requirement to guarantee compensation if it cannot (fully) be obtained from the perpetrator. The chapter begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation.