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Full-Text Articles in Law and Gender
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang
Articles in Law Reviews & Other Academic Journals
In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected …
Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson
Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson
UF Law Faculty Publications
In this Article, we engage the current human rights debate that dichotomizes prostitution either as a modern form of slavery or as the exercise of the right to work. This framework effectively sets up a coercion/consent polarity. These poles raise fundamental human rights issues; both the prohibition against slavery and the right to work are matters addressed by and central to the international human rights paradigm. Yet we argue in this Article that the human rights issues raised by prostitution cannot properly be studied nor moved towards meaningful resolution in the context of the prevailing polarity. Prostitution in its current …