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The Deconstruction of the Criminal Reproach of Contemporary Human Enslavement

In an age of global, immediate and dematerialised interactions human intent and actions, communication encoded in electronic social networks constitute a complex challenge for securing personal freedom and guaranteeing criminal repression.

Centuries ago when invaders, vikings, and pirates assaulted communities and hunted for human slaves for their personal exploitation or for trading, trafficking them for the subjection and exploitation of others, the detection of the crime was materially evident. And once the mindset of human civilization settled in the need of respect towards the unfamiliar, the foreign, the alien, the different and even the opposing ennemy, the overall effort of reproaching and tackling the criminal entrepreneurship of human trafficking for the exploitation that is enslavement was a relatively easy task.

 

Nowadays criminal, ill intentions are supported and run on sophisticated platforms and dematerialised technological applications. All which makes time, location, range and directions of routes traffickers and clusters of trade and exploitation almost undetectable. Barely perceptible the commodification and exploitation of fellow human beings are almost invisible.

More than ever, a thorough understanding of what is what the States and their Civil Society are repressing and condemning is necessary to finetune the persecution and protection efforts. Deconstructing the contemporary criminal phenomenon was an objective effort (2005) that began to be conceived and applied originally under a project for enhancing prosecution in a country within a United Nations agency. It continued to develop and refine as a lens or prism of understanding for deconstructing the reproaches to this symbiotic crime and contribute to the societal prevention, penal investigation and judicial remedy to the contemporary exploitative phenomenon of humans.

Human Trafficking and Enslavement understood as the reduction for extraction and the act of extraction of value from a person is a process of capture of the personal movement/motion capacity of another human being to create value out of the person’s integrity or capacity for the sake of the controller. It is an analytical approach construed to comprehend and trace with clarity and precision human exploitation in contemporary societies.

The reconceptualization on movement/motion capture is a standalone analytical tool that separates the exploitation reproach from variables of moral, sexual, political or racial factors that are triggers or enablers of exploitation. In doing so it is expected to respond better to both criminal behaviour, cultural discrimination and their interplay. The Human Trafficking and Enslavement reconceptualization also disambiguates the symbiotic penal reproach from that of border control violations or smuggling of migrants and makes the causation of human harm and pain due to human commodification and enslavement irrelevant to national or extranational borders.

Human equality and Human autonomy, dignity is a principle set in most contemporary societies and their legislations and expected social behaviour from both physical/natural and legal/artificial persons. A universal understanding that since 1948 is also an internationally binding obligation to states and societies. It is on such predicate that burden of proof may be inverted to request evidence of due respect and diligence in the theory and praxis of such principle in the penal prosecution of contemporary human trafficking and enslavement cases.

Additionally, approaching the phenomenon as “human movement reduction and capture” for the sake of trade commerce and exploitation of a human being for the creation of economy, saving or surplus of another elevates the importance given by society to the existence of markets, clients and consumers of exploitation-based services, goods and wares.