The Functions of the Principle of Human Dignity in Anti-Trafficking Adjudication

Human trafficking poses a major security threat to countries worldwide and is a major human rights concern for governments and courts globally. Not withstanding the existence of a wide range of international instruments aimed at combating human trafficking, including the Palermo Protocol, courts at the supranational and domestic levels are constantly confronted by lacunae in the law and/or interpretive difficulties arising from the application of the law to the quickly evolving dynamics of human trafficking for which legally defensible solutions are necessary. One of the solutions that courts have increasingly explored in the context of anti-trafficking adjudication is the principle of human dignity. This paper argues that the principle of dignity serves expressive, interpretative and application functions in anti-trafficking adjudication, though it cautions that the principle of dignity is not a panacea, as it can sometimes operate in an indeterminate and unwieldy manner that may produce absurd results in certain cases.