ABSTRACT
This chapter focuses on the legal treatment of human trafficking. It explores why courts should take into account the unmet expectations of victims that are formed on the basis of their negotiations prior to departure or upon arrival in the destination country. It is important to reiterate the overarching principles of human rights law that must govern any analysis of trafficking. Trafficking of men and women, by its very nature, entails violations of the human rights of individuals. A human rights-based approach emphasises the human dignity of the individual, including the right to freedom from exploitation. Yet this overarching human rights framework is frequently missing in trafficking discourse. From a legal point of view, some of the stronger elements of the Trafficking Protocol, like references to deception, highlight the value of contract law principles to understanding of victim's experiences and redress.
