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Full-Text Articles in Law
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Michigan Journal of Gender & Law
Victims of human trafficking who seek international protection in their country of destination face a steep uphill battle. Special visa programs designed to regularize their status are often riddled with conditions that make them inaccessible to all but a very few victims. Despite widespread international agreement that the manifold harms inflicted upon the majority of trafficked persons generally rise to the level of persecution, and therefore that victims should be eligible to apply for asylum, many national courts misinterpret international refugee law standards and routinely deny refugee status to deserving applicants. Courts often refuse to recognize persecution on the basis …
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Global Sex Trafficking And The Trafficking Victims Protection Act Of 2000: Legislative Responses To The Problem Of Modern Slavery, Rosy Kandathil
Michigan Journal of Gender & Law
Human trafficking is becoming the fastest growing criminal activity in the world. Generally, trafficking is defined as the transportation of persons across international borders for labor purposes, by means of force, fraud, or coercion. Commerce directly related to human slavery yields approximately $7-$10 billion a year, trailing only behind drugs and weapons trade for international profit. According to recent congressional findings, over 700,000 human beings are trafficked across international borders each year, including approximately 50,000 women and children into the United States. Women and girl children are the primary targets for sexual exploitation into prostitution, pornography, sex tourism, and other …
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson
Michigan Journal of Gender & Law
Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …