Human rights law serves as the foundation of global justice, dignity, and equality. It is a collection of national, international, and regional legal systems intended to protect individuals against violations and preserve the fundamental liberties that all people are entitled to. This essay delves into the key characteristics of human rights law, its application in the United States and Serbia, and specific case studies on migration and trafficking. In addition, it examines how international problems like illegal migration make human trafficking worse, talking about relevant legislation, and assesses how the American legal system may be modified to deal with these problems in Serbia.
International Human Rights Laws
The Universal Declaration of Human Rights (UDHR)[1], adopted by the United Nations General Assembly in 1948, is a foundational pillar of modern human rights law and serves as a key document that defines the inalienable rights inherent to all human beings. The UDHR created a universal framework to advance dignity, freedom, equality, and justice that cuts beyond political, ideological, and cultural divides in reaction to the horrors of World War II.[2] Although it is not legally binding, its tenets have shaped national constitutions, international treaties, and international law, serving as a standard for assessing and resolving human rights abuses around the world. The UDHR has influenced later legal documents like the International Covenant on Civil and Political Rights (ICCPR)[3]; which requires signatory nations to protect and uphold fundamental human rights. As well as the International Covenant on Economic, Social, and Cultural Rights (ICESCR)[4]; which aims to ensure the protection of economic, social and cultural rights because it articulates fundamental rights like freedom of speech, protection from discrimination, and the right to education. Its ongoing significance highlights the international commitment to respect justice and human dignity as the foundations of peace and security. The UDHR, ICCPR and ICESCR together make up the International Bill of Rights, which state “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[5] In regards to the declaration, it is not a ratified document but rather a declaration of principles, as opposed to a deal that binds nations to international law. However, the two covenants were intended to provide a legally binding codification of the rights listed in the Declaration.
Key Characteristics of Human Rights Law
The foundational elements of human rights law guarantee the defence and advancement of everyone’s fundamental liberties. Human rights can only be restricted under exceptional and legal situations, as demonstrated by their universality and inalienability, which apply to all people regardless of their nationality, colour, or status. The concepts of interdependence and indivisibility emphasise that there is no hierarchy among civil, political, economic, social, and cultural rights; rather, they are all interrelated. Fundamental principles of equality and nondiscrimination demand that each person be safeguarded impartially and that rights be applied equitably. Furthermore, governments and institutions are required by accountability and the rule of law to respect human rights standards, with legal procedures in place to address and correct violations. Last but not least, inclusion and participation ensure that people can actively participate in choices that impact their lives, encouraging inclusive governance and fair policymaking. These characteristics collectively form the foundation of a just and equitable human rights framework.
Human Rights Law in the USA
International commitments, local and federal legislation, and constitutional protections all have an impact on how the US approaches human rights law. In keeping with its commitment to safeguarding human rights and defending vulnerable groups, the United States has enacted a number of legislation to prevent human trafficking and irregular migration.
Key Laws in United States Preventing Trafficking and Irregular Migration
The United States employs a strong legal framework to combat human trafficking, with several key laws addressing various aspects of this crime. The Trafficking Victims Protection Act (TVPA) of 2000 established the „3Ps“—prevention, protection, and prosecution—as the foundation of a comprehensive strategy.[6] It provides victim assistance, including T-Visas, allowing trafficking victims to remain in the U.S. while aiding law enforcement. The Homeland Security Act of 2002 created the Department of Homeland Security (DHS), which plays a crucial role in immigration enforcement and combating trafficking through efforts such as border security, cybersecurity, and emergency response.[7] The Justice for Victims of Trafficking Act (JVTA) of 2015 enhances restitution for victims, increases penalties for offenders, and funds victim services using fees collected from traffickers.[8] Additionally, the PROTECT Act of 2003 targets child exploitation and trafficking by criminalizing U.S. citizens’ travel for sexual conduct with minors abroad.[9] Together, these laws form a multi-faceted approach to preventing trafficking, protecting victims, and holding perpetrators accountable.
Global Issues: Irregular Migration and Human Trafficking
Operation Cross Country: A Case Study on Combating Sex Trafficking of Minors
The FBI launched Operation Cross Country in 2003 as part of a national campaign to stop the trafficking of children for sex in the United States.[10] The National Centre for Missing & Exploited Children (NCMEC) and other nonprofits are collaborating with federal, state, and local law enforcement authorities on this initiative. In order to combat a widespread problem in the United States, it seeks to rescue minor victims and capture traffickers.
Operation Cross Country XI (2017) Case Details
Over 500 law enforcement officers from 16 states were mobilised in 2017 as part of Operation Cross Country XI.[11] As a result of this operation, 120 traffickers were arrested and 84 miners were rescued. Law enforcement used intelligence and covert operations to target social media, online platforms, and locations that marketed commercial sex to children[12]. The operation revealed important trafficking strategies, such as:
- Online exploitation: Traffickers advertised minors for sex on websites, giving them access to consumers and anonymity.
- Manipulation: Traffickers posed as caretakers or partners to exploit vulnerable individuals.
- Targeting Marginalised Youth: A large number of victims were from homesick or foster care situations.
Legal Framework for Operation Cross Country XI
The operation relied on a strong legal framework, including Trafficking Victims Protection Act (TVPA) and Justice for Victims of Trafficking Act (JVTA). Furthermore, the operation also brought attention to the significance of international agreements that emphasise international collaboration in the fight against human trafficking, such as the Palermo Protocol, which was a protocol ratified by the United States that’s aim is to prevent, suppress, and punish human trafficking, particularly of women and children.[13]
Case Study: The United States and the Refugee Admissions Program
One important program in U.S. immigration policy that aims to safeguard people escaping persecution is the Refugee Admissions Program (USRAP). Refugees from all over the world can resettle in the United States under the program, which is run by the Department of State in collaboration with the Department of Homeland Security (DHS) and non-governmental organisations (NGOs). It is a noteworthy illustration of the United States’ dedication to humanitarian protection, international human rights, and international collaboration in resolving refugee situations.
Background and Legal Frameworks
Operating since 1980, the USRAP[14] is governed by regional human rights treaties like the 1969 OAS Convention and U.S. commitments under the 1951 Refugee Convention[15] and its 1967 Protocol, which has been signed by the United States. The program’s goal is to provide shelter to those who have been persecuted or who could be persecuted because of their race, religion, nationality, affiliation with a specific social group, or political beliefs.
Both domestic legislation and international treaties serve as the foundation for the Refugee Admissions Program’s (USRAP) legal framework. A person who is unable or unwilling to return to their native country because of a legitimate fear of persecution is considered a refugee under the Immigration and Nationality Act (INA), which provides a legal route to asylum in the United States. The Refugee Act of 1980 created the foundation for resettlement initiatives such as USRAP by reforming U.S. immigration policy to conform to international refugee protection requirements. Before the Refugee Act, there was no means for an individual in the United States to apply for protection under the Refugee Convention.[16] The USRAP is a safe and lawful resettlement procedure for refugees, which ensures protection for individuals escaping persecution. The United States also upholds the American Convention on Human Rights as a member of the Organisation of American States (OAS), guaranteeing the safety of those fleeing persecution.[17]
Both practically and humanitarianly, the USRAP has made a huge difference. The United States has given people escaping war, violence, and political unrest a safe home by accepting thousands of refugees annually. The initiative demonstrates the United States’ dedication to worldwide humanitarian efforts in addition to meeting its duties under international human rights legislation. Resettled refugees in the United States, for instance, boost the workforce, enhance cultural diversity, and boost the economy, especially in fields like technology, healthcare, and agriculture.
Key Laws in Serbia Preventing Trafficking and Irregular Migration
Serbia’s legal framework on human trafficking incorporates several laws and mechanisms aimed at preventing trafficking, protecting victims, and prosecuting offenders. Under Article 388 of the Criminal Code,[18] Human trafficking is illegal. Serious punishments for aggravated instances include up to 15 years in jail. To ensure victims have access to medical, legal, and psychological care, the nation has also set up a National Referral Mechanism (NRM) to coordinate victim identification, protection, and rehabilitation. The National Referral Mechanism (NRM) in Serbia is a component of the nation’s larger plan to combat human trafficking and aid victims. It is a domestically implemented system that draws inspiration from international frameworks and standards, which are mainly established by institutions like the Council of Europe and the UNODC.[19] Although there is no direct equivalent to the U.S. PROTECT Act, Serbia has particular child protection legislation intended to protect kids from human trafficking, as well as National Action Plans (NAPs) centred on prevention, victim protection, and prosecution.[20] Although Serbia’s strategy is in line with international norms, it places more emphasis on regional cooperation—particularly in the Balkans—and adherence to EU regulations.
Case Study: Human Trafficking Network Exploiting Minors Dismantled in Serbia
On October 11th, 2023, after a coordinated effort, a family-based criminal organisation that operated in Serbia was dismantled. Children as young as five were forced into begging and criminal activity by the organisation, which was led by Serbian nationals[21]. The inquiry found that some of the traffickers used their own biological children as well as minors they were related to, and they also used the „lover boy“ technique to lure other victims. Traffickers use the „lover boy“ strategy to manipulate young victims by making false promises of love, using them for illicit purposes like sex work, and keeping them under control by using compulsion, affection, violence, and threats against them or their family.[22] Throughout the operation, Europol was an invaluable resource, helping with on-ground coordination and real-time intelligence exchange. Five suspects, including the group’s head, were arrested after four house searches turned up eight victims. Financial documents, digital devices, and cash were among the items seized.[23] Local officials, including the Centre for the Protection of Victims of Human Trafficking, rescued and cared for the children, who were mostly of Serbian nationality. This operation demonstrates how several European nations and organisations work together to tackle human trafficking networks taking into account both domestic and international legal frameworks.
Serbia serves as a transit hub for irregular migration between Asia and Europe. Traffickers use migrants—including women and children—for sexual exploitation and forced labour. Trafficking is illegal under domestic legislation such as the Criminal Code of Serbia, and national policies try to conform to EU regulations. But there are still issues with cross-border collaboration, resource distribution, and enforcement gaps.
Comparative Analysis: U.S. and Serbian Legal Frameworks
U.S. laws have strong mechanisms in place to protect trafficking victims, such as the provision of T-Visas for survivors, which grant temporary residency and work rights, helping them recover and rebuild their lives. Under the Trafficking Victims Protection Act (TVPA), the United States also has the advantages of thorough interagency collaboration, which guarantees a coordinated response to trafficking. Several steps might be done to modify U.S. legislation to Serbia, such as creating specialised anti-trafficking task forces that collaborate across agencies and bolstering victim protection services to guarantee survivors receive all-encompassing assistance. In order to combat the expanding problem of human trafficking, more money and resources must be allocated to enforcement and prevention.
Advantages and Criticisms of Human Rights Law
Providing universal standards for justice and equality, guaranteeing responsibility through international channels, and encouraging international cooperation to prevent human rights crimes are just a few benefits of human rights law. These rules promote a sense of global responsibility by establishing a framework for defending individual rights across national boundaries. Nevertheless, there are also concerns. State compliance is crucial to the execution of human rights law, which causes variations in how it is applied in various nations. Due to governments frequently opposing outside interference in their internal affairs, sovereignty disputes can make it more difficult to apply international principles. Furthermore, the resource gap between rich and developing countries presents difficulties because less developed countries might not be able to properly implement or enforce these standards.
Conclusion
Human rights law remains essential for addressing the intertwined issues of migration and human trafficking. It is clear from analysing the policies of countries such as the United States and Serbia that strong legal systems combined with international collaboration can greatly lessen these difficulties. Human rights law’s universality gives promise for world justice, but ongoing attempts to correct its flaws are necessary for a more just future.
AUTHOR: EVA RISTIĆ
Bibliography
[1] United Nations. “What Are Human Rights? | OHCHR.” United Nations Human Rights Office of the High Commissioner , 2025, www.ohchr.org/en/what-are-human-rights.
[2] “Universal Declaration of Human Rights.” United Nations, United Nations, 2025, www.un.org/en/about-us/universal-declaration-of-human-rights.
[3] United Nations. “International Covenant on Civil and Political Rights.” United Nations , 1967, treaties.un.org/doc/treaties/1976/03/19760323%2006-17%20am/ch_iv_04.pdf.
[4] Ibid.
[5] UN Office of the High Commissioner for Human Rights (OHCHR), Fact Sheet No. 2 (Rev.1), The International Bill of Human Rights, No. 2 (Rev.1), June 1996 https://www.refworld.org/reference/themreport/ohchr/1996/en/53051
[6] US Department of Justice. “Key Legislation.” Human Trafficking, 23 Aug. 2023, www.justice.gov/humantrafficking/key-legislation.
[7] USAgov. “U.S. Department of Homeland Security (DHS): Usagov.” U.S. Department of Homeland Security (DHS) | USAGov, 2025, www.usa.gov/agencies/u-s-department-of-homeland-security#:~:text=The%20Department%20of%20Homeland%20Security,%2C%20antiterrorism%20work%2C%20and%20cybersecurity.
[8] US Department of Justice. “Key Legislation.” Human Trafficking, 23 Aug. 2023, www.justice.gov/humantrafficking/key-legislation.
[9] “ PROTECT Act of 2003.” AMBER Alert, 30 Apr. 2003, amberalert.ojp.gov/sites/g/files/xyckuh201/files/media/document/protect_act.pdf.
[10] FBI federal bureau of investigation. “Operation Cross Country XI.” FBI, FBI, 18 Oct. 2017, www.fbi.gov/news/stories/operation-cross-country-xi.
[11] Ibid.
[12] Ibid.
[13] European Commission. “Palermo Protocol.” Migration and Home Affairs, 2025, home-affairs.ec.europa.eu/networks/european-migration-network-emn/emn-asylum-and-migration-glossary/glossary/palermo-protocol_en.
[14] U.S. Department of Homeland Security. “The United States Refugee Admissions Program (USRAP) Consultation and Worldwide Processing Priorities.” U.S. Citizenship and Immigration Services, 22 Nov. 2024, www.uscis.gov/humanitarian/refugees-and-asylum/usrap.
[15] UNHCR. “The 1951 Refugee Convention.” UNHCR, 2025, www.unhcr.org/about-unhcr/overview/1951-refugee-convention.
[16] U.S. Department of Homeland Security Seal. “Chapter 1 – Purpose and Background.” U.S. Citizenship and Immigration Services, 11 May 2021, www.uscis.gov/policy-manual/volume-7-part-m-chapter-1#:~:text=The%20Refugee%20Act%20of%201980,protection%20 under%20the%20 Refugee%20 Convention.
[17]“American Convention on Human Rights.” Organization of American States , 22 Nov. 1969, www.oas.org/en/iachr/mandate/Basics/3.AMERICAN%20CONVENTION.pdf.
[18] Ministry of Justice. “Criminal Code.” Ministry of Justice , Feb. 2006, www.warnathgroup.com/wp-content/uploads/2015/03/Serbia-Criminal-Code.pdf.
[19] Sorrentino, Liliana. “Assessment of the National Referral Mechanism for Victims …” ASTRA Anti-Trafficking Action , 10 Nov. 2019, hrcvr.org/wp-content/uploads/2020/10/ASSESSMENT-OF-THE-NATIONAL-REFERRAL-MECHANISM-FOR-VICTIMS-OF-TRAFFICKING-IN-THE-REPUBLIC-OF-SERBIA.pdf.
[20] OSCE Mission to Serbia, and Ministry of Defence of the Republic of Serbia. “National Action Plan for the Implementation of UN Security Council Resolution 1325 – Women, Peace and Security in the Republic of Serbia (2017–2020).” Edited by Biljana Stojković, Serbia National Action Plans, 2017, 1325naps.peacewomen.org/index.php/serbia/.
[21] European Union Agency for Law Enforcement Cooperation. “Human Trafficking Ring Exploiting Children Halted in Serbia.” Europol, 2022, www.europol.europa.eu/media-press/newsroom/news/human-trafficking-ring-exploiting-children-halted-in-serbia.
[22] IOM Romania. “Understanding the ‘lover Boy’ Technique of Human Trafficking.” IOM Romania, 3 Sept. 2024, romania.iom.int/news/understanding-lover-boy-technique-human-trafficking.
[23] European Union Agency for Law Enforcement Cooperation. “Human Trafficking Ring Exploiting Children Halted in Serbia.” Europol, 2022, www.europol.europa.eu/media-press/newsroom/news/human-trafficking-ring-exploiting-children-halted-in-serbia.