Towards an EU strategy to combat trafficking and labor exploitation in the supply chain : connecting corporate criminal liability and state-imposed self-regulation through due diligence?
- Author
- Yasmin Van Damme (UGent) and Gert Vermeulen (UGent)
- Organization
- Abstract
- The distinction between voluntary and coerced labor has never been more blurred than today, with the supply of willing workers that find themselves in a grey zone between the choice for certain work and the borderline-coercive reliance on malafide employers, traffickers or the like. Policy makers are desperately seeking new ways to eradicate trafficking for labor exploitation. A shift in focus is currently happening, towards the demand-side of exploitative labor. This chapter examines approaches of dealing with the responsibility of the private sector for trafficking and labor exploitation in their supply chains. The issue is currently being dealt with in a variety of ways, such as through labor law, civil law, criminal law and through self-regulation of companies, be it sate-induced or fully voluntary. This chapter focuses on severe cases of trafficking or labor exploitation, committed by a subcontractor of a company bearing guilty knowledge of the exploitation. It will be examined in this chapter how the EU can take legislative action in the sphere of criminal law, to deal with the issue. Two possible approaches will be discussed: the creation of a new crime of “knowingly using the services of victims of trafficking” or the adoption of a European concept of participation in crime, specifically for trafficking and labor exploitation. It will become clear from this analysis that doing business with due diligence plays a crucial role for the conclusion to corporate criminal liability, as it is a vital aspect of concluding to guilty knowledge by companies, or the lack there-of, of malafide practices in the supply chain.
- Keywords
- Supply Chain, International Labor Organization, Criminal Liability, Labor Exploitation, Explanatory Report
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-4178031
- MLA
- Van Damme, Yasmin, and Gert Vermeulen. “Towards an EU Strategy to Combat Trafficking and Labor Exploitation in the Supply Chain : Connecting Corporate Criminal Liability and State-Imposed Self-Regulation through Due Diligence?” Regulating Corporate Criminal Liability, edited by Dominik Brodowski et al., Springer, 2014, pp. 171–93, doi:10.1007/978-3-319-05993-8_15.
- APA
- Van Damme, Y., & Vermeulen, G. (2014). Towards an EU strategy to combat trafficking and labor exploitation in the supply chain : connecting corporate criminal liability and state-imposed self-regulation through due diligence? In D. Brodowski, M. Espinoza de los Monteros de la Parra, K. Tiedemann, & J. Vogel (Eds.), Regulating corporate criminal liability (pp. 171–193). https://doi.org/10.1007/978-3-319-05993-8_15
- Chicago author-date
- Van Damme, Yasmin, and Gert Vermeulen. 2014. “Towards an EU Strategy to Combat Trafficking and Labor Exploitation in the Supply Chain : Connecting Corporate Criminal Liability and State-Imposed Self-Regulation through Due Diligence?” In Regulating Corporate Criminal Liability, edited by Dominik Brodowski, Manuel Espinoza de los Monteros de la Parra, Klaus Tiedemann, and Joachim Vogel, 171–93. Cham: Springer. https://doi.org/10.1007/978-3-319-05993-8_15.
- Chicago author-date (all authors)
- Van Damme, Yasmin, and Gert Vermeulen. 2014. “Towards an EU Strategy to Combat Trafficking and Labor Exploitation in the Supply Chain : Connecting Corporate Criminal Liability and State-Imposed Self-Regulation through Due Diligence?” In Regulating Corporate Criminal Liability, ed by. Dominik Brodowski, Manuel Espinoza de los Monteros de la Parra, Klaus Tiedemann, and Joachim Vogel, 171–193. Cham: Springer. doi:10.1007/978-3-319-05993-8_15.
- Vancouver
- 1.Van Damme Y, Vermeulen G. Towards an EU strategy to combat trafficking and labor exploitation in the supply chain : connecting corporate criminal liability and state-imposed self-regulation through due diligence? In: Brodowski D, Espinoza de los Monteros de la Parra M, Tiedemann K, Vogel J, editors. Regulating corporate criminal liability. Cham: Springer; 2014. p. 171–93.
- IEEE
- [1]Y. Van Damme and G. Vermeulen, “Towards an EU strategy to combat trafficking and labor exploitation in the supply chain : connecting corporate criminal liability and state-imposed self-regulation through due diligence?,” in Regulating corporate criminal liability, D. Brodowski, M. Espinoza de los Monteros de la Parra, K. Tiedemann, and J. Vogel, Eds. Cham: Springer, 2014, pp. 171–193.
@incollection{4178031,
abstract = {{The distinction between voluntary and coerced labor has never been more blurred than today, with the supply of willing workers that find themselves in a grey zone between the choice for certain work and the borderline-coercive reliance on malafide employers, traffickers or the like. Policy makers are desperately seeking new ways to eradicate trafficking for labor exploitation. A shift in focus is currently happening, towards the demand-side of exploitative labor. This chapter examines approaches of dealing with the responsibility of the private sector for trafficking and labor exploitation in their supply chains. The issue is currently being dealt with in a variety of ways, such as through labor law, civil law, criminal law and through self-regulation of companies, be it sate-induced or fully voluntary. This chapter focuses on severe cases of trafficking or labor exploitation, committed by a subcontractor of a company bearing guilty knowledge of the exploitation. It will be examined in this chapter how the EU can take legislative action in the sphere of criminal law, to deal with the issue. Two possible approaches will be discussed: the creation of a new crime of “knowingly using the services of victims of trafficking” or the adoption of a European concept of participation in crime, specifically for trafficking and labor exploitation. It will become clear from this analysis that doing business with due diligence plays a crucial role for the conclusion to corporate criminal liability, as it is a vital aspect of concluding to guilty knowledge by companies, or the lack there-of, of malafide practices in the supply chain.}},
author = {{Van Damme, Yasmin and Vermeulen, Gert}},
booktitle = {{Regulating corporate criminal liability}},
editor = {{Brodowski, Dominik and Espinoza de los Monteros de la Parra, Manuel and Tiedemann, Klaus and Vogel, Joachim}},
isbn = {{9783319059921}},
keywords = {{Supply Chain,International Labor Organization,Criminal Liability,Labor Exploitation,Explanatory Report}},
language = {{eng}},
pages = {{171--193}},
publisher = {{Springer}},
title = {{Towards an EU strategy to combat trafficking and labor exploitation in the supply chain : connecting corporate criminal liability and state-imposed self-regulation through due diligence?}},
url = {{http://dx.doi.org/10.1007/978-3-319-05993-8_15}},
year = {{2014}},
}
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