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Recolector de Ciencia Abierta, RECOLECTA
Doctoral thesis . 2020
License: CC BY NC ND
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Recolector de Ciencia Abierta, RECOLECTA
Doctoral thesis . 2020
License: CC BY NC ND
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
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Regulación y tratamiento jurídico-penal de las formas contemporáneas de esclavitud

Authors: Valverde Cano, Ana Belén;

Regulación y tratamiento jurídico-penal de las formas contemporáneas de esclavitud

Abstract

The history of slavery shows us its great capacity to adapt to political, social and economic changes. Currently, although slavery, servitude and forced labour have been prohibited in every country around the world, similar practices remain, adapting to existing dynamics and the new context of restrictive migration policies, business deregulation, etc. The aim of this work is to disentangle the muddied regime of what is covered by the umbrella term “contemporary forms of slavery” and to justify, legally and criminally, why it is necessary to criminalize slavery, servitude and forced labour within the Spanish Criminal Code. To achieve this aim, we will first have to carry out an in-depth study of each of the concepts, establishing its very content and their distinctive notes. We will consider the legal and historical development, in order to avoid an excessive distance between the legal concept and the social institution. In addition, we will use the existing legal tools –especially the 1969 Vienna Convention on the Law of Treaties– to provide normative content for each of the concepts. Secondly, the legal-criminal arguments that justify the need for the inclusion of crimes with a specific label in our criminal law are developed. Finally, in the light of the above, the proposal of a specific offence is outlined, taking into account the previous considerations. Although slavery was abolished a hundred years ago, it still exists, taking advantage of the fact that it remains invisible. The aim of my thesis is to change this, because one cannot fight something that apparently does not exist

Tesis Univ. Granada.

Country
Spain
Related Organizations
Keywords

Servidumbres, Trabajos forzosos, Derecho penal, Esclavitud

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green