دور القضاء الإداري المستعجل للحريات الأساسية في حماية ضحايا الاتجار بالبشر

Abstract EN

Overcoming the forms of humiliation and enslavement of human beings is what occupies the world, which was clearly expressed through the serious endeavor of the United Nations and regional organizations to prevent, persuade and punish the perpetrators of the crime of trafficking in persons, especially women and children.

We find that the legislator in all countries gives great importance to the role of the criminal judge in facing this crime by deciding severe penalties on the perpetrators and contributors to this crime, in addition to granting the victim the right to resort to the civil judge to claim compensation for the damage he sustained.

As for the role of the administrative judge, we find that the position of states differs in giving the administrative judiciary a role to confront this crime; Where we find that the French legislator under Law (597-2000) issued on June 30, 2000 has created the administrative judiciary technique of urgent basic liberties as a means that is characterized by speed, flexibility and effectiveness to confront any administrative decision or administrative action that affects a basic charity or a fundamental right, and the most prominent of these rights: the right to Human dignity for victims of human trafficking.

As for Arab legislation, whether in Syria, Iraq or Egypt, despite its recognition of the right to human dignity as a constitutional principle, we find that it lacks recognition for the administrative judge of any role in this regard; We find that the role of the judge is almost non-existent in the face of this crime and its negative effects on society.