The Concept and Nature of Human Trafficking in International Instruments, and Iran and Germany Laws

Human trafficking is a process involving different criminal behaviors based on human trade to exploit them. Protocol to prevent, suppress and punish trafficking in persons, especially women and children (Palermo Protocol) defines the crime of human trafficking, which is committed by criminal groups to obtain financial or material benefits usually through crossing the borders of countries as organized and transnational. Nevertheless, this crime is not identified essentially organized in German law and convention on action against trafficking in human beings (Warsaw Convention). Warsaw Convention has explicitly identified the crime of human trafficking as violation of human rights since it ignores basic rights of human beings such as the right to select. It has also settled some tasks for governments to support victims. Human trafficking in Germany includes all forms of sexual and labour exploitations, and national/transnational trafficking. German legislation has devised some supportive strategies following the thoughts of human rights. In Iran, the so-called law of “combat against human trafficking” has not defined this crime as organized, and identifies it relevant just when accompanied by crossing the borders. Therefore, it is adequate to revise the law in addition to generalize it to all forms of national/transnational trafficking whereas being organized can intensify punishments of offenders. Islamic thoughts and human rights can further insist on supporting victims while joining the convention against transnational organized crime, and Palermo Protocol will contribute to cooperate with other countries in order to combat against human traffickers.