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Whores And Other Sex Slaves: Why The Equation Of Prostitution With Sex Trafficking In The William Wilberforce Reauthorization Act Of 2008 Promotes Gender Discrimination., Elizabeth Kaigh Dec 2009

Whores And Other Sex Slaves: Why The Equation Of Prostitution With Sex Trafficking In The William Wilberforce Reauthorization Act Of 2008 Promotes Gender Discrimination., Elizabeth Kaigh

The Scholar: St. Mary's Law Review on Race and Social Justice

Congress should vote to exclude the William Wilberforce Reauthorization Act from the Victims of Trafficking and Violence Protection Act (VTVPA).  The William Wilberforce Reauthorization Act concerns prostitution, whereas the VTVPA concerns human trafficking. Lawmakers dealing with sex trafficking and prostitution in the United States wrongly combine them as one unified activity. A significant difference between sex trafficking and prostitution concerns the consent of the women having sex. Nevertheless, it is unfair for states to strengthen prostitution laws on a federal level, which is what the William Wilberforce Reauthorization Act would do. The Act would effectively turn prostitution into a federal …


Human Rights In China: Introduction, Hsiu-Lun Teng Jan 2009

Human Rights In China: Introduction, Hsiu-Lun Teng

Human Rights & Human Welfare

The People’s Republic of China has experienced rapid and cardinal changes in its political, economic, and societal realms over the past thirty years. These changes, in conjunction with China’s political and economic policies abroad, have left recognizable imprints on a variety of human rights issues. The human rights issues discussed in this digest cover both domestic and international dimensions.


Human Trafficking In The Middle East And North Africa Region, Schuyler Dudley Jan 2009

Human Trafficking In The Middle East And North Africa Region, Schuyler Dudley

Human Rights & Human Welfare

The Middle East and North Africa region is not the first area to come to mind when discussing human trafficking in the world. Yet this region certainly has human trafficking problems. To clarify, the geographic region referred to in this essay, the Middle East, extends as far west as Mauritania, as far south as Sudan, as far east as Oman, and as far north as Syria. This region is also known as MENA (Middle East and North Africa), but will be referred to as the Middle East in this essay. Discrepancies in defining the Middle East, as well as inaccurate …


Human Rights And Human Trafficking: Introduction, Claude D’Estrée Jan 2009

Human Rights And Human Trafficking: Introduction, Claude D’Estrée

Human Rights & Human Welfare

Much like the first iteration of this Topical Digest on human trafficking and modern slavery, with an “Introduction” by Dr. Kevin Bales, this second iteration covers a wide range of subjects, moving from country specific and regional to broad subjects and issues of international jurisprudence. This survey of literature on human trafficking is of critical importance, especially in a young, emerging, and controversial field.


Human Trafficking In The People’S Republic Of China, Annie Dullum Jan 2009

Human Trafficking In The People’S Republic Of China, Annie Dullum

Human Rights & Human Welfare

As China rises to become a superpower and is placed in the national spotlight as the host for the upcoming 2008 Beijing Olympics, China is struggling to represent its ability to be powerful and stable within its own borders resulting from a staggering human rights record. Among the policies contributing to human rights violation, population controls are in place that create barriers to residence and immigration, which means that desperate individuals cannot legally move to other countries. As well, Chinese citizens are vulnerable to the practices of traffickers who move individuals illegally around the world.


Corruption And Crime In The East: Organized Crime And Human Trafficking In Russia And Ukraine, Danielle Mossbarger Jan 2009

Corruption And Crime In The East: Organized Crime And Human Trafficking In Russia And Ukraine, Danielle Mossbarger

Human Rights & Human Welfare

Russian culture and life are uniquely fascinating. Rarely has such magnificence, potential, and wonder been so dramatically juxtaposed to such tremendous terror, poverty, and struggle. The state has an almost mystical aura about it, simultaneously intriguing and repellant. Sharing more in Russia’s failures than in its successes, Ukraine is deeply bound to its former communist overlord in history and in modernity. As the world’s leading exporters of women, these two former Soviet strongholds have perfected the merge between organized crime and human trafficking, severely hindering national efforts to fully emerge from the shadows of the Soviet era. As the modus …


Robbed Of The American Dream, Megan Walker Jan 2009

Robbed Of The American Dream, Megan Walker

Human Rights & Human Welfare

Many people have immigrated to the United States, hoping to live the “American dream.” Unfortunately, this romantic notion is part of the reason that the United States has become one of the most sought after destination countries for human trafficking. It is easy for traffickers to convince potential victims that they can live the American dream. Traffickers from all over the world and all walks of life profit in this booming market, by promising poor and vulnerable people high wages in legitimate jobs as farm workers, maids, and waitresses. Many of these people end up in terrible conditions as indentured …


Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat Jan 2009

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.


Smuggling Versus Trafficking: Do The U.N. Protocols Have It Right?, Carolyn Burke Jan 2009

Smuggling Versus Trafficking: Do The U.N. Protocols Have It Right?, Carolyn Burke

Human Rights & Human Welfare

The terms “human trafficking” and “human smuggling” are often thought of as interchangeable due to their similar connections with irregular migration and the clandestine movement of people. However, trafficking and smuggling maintain their own differences, especially pertaining to their organizational dynamics, their forms, and their voluntary and involuntary natures that revolve around trust and exploitation. Current understandings of these terms stem from the widely accepted United Nations Protocols that were resultant from the Convention against Transnational Organized Crime.


International Legal Instrument On Human Trafficking And A Victim-Oriented Approach: Which Gaps Are To Be Filled, Federico Lenzerini Jan 2009

International Legal Instrument On Human Trafficking And A Victim-Oriented Approach: Which Gaps Are To Be Filled, Federico Lenzerini

Intercultural Human Rights Law Review

The present contribution will first provide a description of the evolution of the international anti-trafficking legal action, with particular attention to the specific provisions aimed at ensuring victim protection. This article will attempt to explore which possible improvements could be adopted in order to make such an action more effective in the light of the contemporary characterization of the awful practice of trafficking in human beings.


The Development Of Sex Trafficking In Central America, Kate Zdrojewski Jan 2009

The Development Of Sex Trafficking In Central America, Kate Zdrojewski

Human Rights & Human Welfare

Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for anti-trafficking efforts.


Globalization And Human Trafficking, Devin Brewer Jan 2009

Globalization And Human Trafficking, Devin Brewer

Human Rights & Human Welfare

“International cruise line seeks attractive and adventuresome hostess to greet passengers. See the world, meet new people and earn a stable income!” –sounds innocuous enough until a destitute and unwitting applicant with seemingly nothing to lose is recruited from her home country and arrives at her destination only to be forced into prostitution. The International Labor Organization (ILO) estimates that there are 2.4 billion people in the world at any given time involved in forced labor and subjected to exploitation as a result of trafficking (ILO 2008).


International Law And Human Trafficking, Lindsey King Jan 2009

International Law And Human Trafficking, Lindsey King

Human Rights & Human Welfare

International law is a powerful conduit for combating human trafficking. The most reputable and recent instruments of international law that have set the course for how to define, prevent, and prosecute human trafficking are the United Nations Convention against Transnational Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC) created these conventions, which have supported international …


Considering The Margins: Developing A Broader Understanding Of Vulnerability To Trafficking, Christopher Anderson Jan 2009

Considering The Margins: Developing A Broader Understanding Of Vulnerability To Trafficking, Christopher Anderson

Human Rights & Human Welfare

Efforts aimed at combating human trafficking should be directed at protecting those most vulnerable to being trafficked. There have been substantial efforts to create national and international laws punishing the act of trafficking, directed at those individuals caught trafficking people. While these laws create means by which to punish traffickers, they have not necessarily led to a reduction in the estimated numbers of trafficked people. This implies that simply approaching trafficking as a criminal activity is not enough. Instead, trafficking should be understood by the systemic factors that make populations vulnerable to trafficking. There may always be potential markets for …


The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn Jan 2009

The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn

Human Rights & Human Welfare

The age-old scourge of slavery has returned to plague the modern world. Though updated to match societal advances, the basic premise remains: human beings degraded to the point of becoming a mere commodity. Today’s world calls modern day slavery human trafficking, and it can take many forms, including forced labor. In the People’s Republic of China (PRC), two distinct forms of forced labor exist. One form is the more traditional master-slave system, wherein people are bought and sold, or kidnapped, and subsequently forced to work, often in intense and dangerous manual labor. The second form exists legally under the Chinese …


The Legal Nature Of Trafficking In Human Beings, Ryszard Piotrowicz Jan 2009

The Legal Nature Of Trafficking In Human Beings, Ryszard Piotrowicz

Intercultural Human Rights Law Review

It is incorrect to say that people trafficking is a breach of human rights for the same reason that it is incorrect to say that 2+2=5: because it is wrong and there is an inherent good in getting things right. This article assesses what, legally, is actually happening when trafficking in human beings (THB) takes place, and considers the practical ramifications arising from that assessment. What actually is THB? The most widely accepted definition is contained in the Palermo Protocol (the Protocol) to the United Nations Convention on Transnational Organised Crime (UNCTOC), which entered into force in December 2003. Article …


Human Trafficking In The Balkans: An Inside Report, Jasna Vujin Jan 2009

Human Trafficking In The Balkans: An Inside Report, Jasna Vujin

Intercultural Human Rights Law Review

Human trafficking is not a myth or something that is part of our volatile past. It is not a problem that is targeting isolated parts of the world making only a small number of people its victims. It is our menace today and part of the cruel reality that we are raising our children in. It is a plague that endangers the world community, for no part of the globe is immune. How is it possible then that in this day and age, when the safeguarding of human rights is considered such a priority by many nations, human slavery continues …