Human Rights Law Commons^™

Incarcerated Women: Theological Reflections On Their Stories, Margaret English De Alminana

Selected Faculty Publications

The author offers theological reflections on the stories of incarcerated women. She notes the weak response of the church to human trafficking and prostitution which may be stimulated by the church's practical theology of women. She discusses the relationship of incarceration with early sexual abuse, drugs or alcohol addiction and early sexual trauma. She stresses the need to adopt a better theology of both men and women as a platform for the dignity of all humanity.

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 …

Migrant Workers In Saudi Arabia, Sarah Jessup

Human Rights & Human Welfare

One of the wealthiest countries in the Middle East, the Kingdom of Saudi Arabia is also one of the largest exporters of oil, and as such, one of the most influential in the region. Despite this, more than 50 per cent of the work force (nearly 6 million people) in the Saudi Arabia are migrant workers (FIDH, 2003, 3). They contribute billions of dollars each year to their home countries through remittances. With such a large population hailing from outside the Kingdom, it would seem that transnational migrants would have a larger voice in the rights and freedoms they are …

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …

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 …

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.

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 …

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).

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.

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.

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.

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 …

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 …

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

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

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 …

April Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“A World Enslaved" by E. Benjamin Skinner. Foreign Policy (March/April) 2008.

Forget Me Not: Bodies As Last Colonies Of Capitalism?, Anna M. Agathangelou

Human Rights & Human Welfare

Slavery is one technology of imperialism that serves to generate more profits worldwide. Skinner brings this issue to our attention, arguing that many people think that slavery ended in the 19th century, but the current turning of peoples into slaves proves otherwise. Skinner points out that since 1817, there have been more than a dozen international conventions signed banning the slave trade and yet, the number of people sold as slaves is in the millions. He calls modern day slavery a “monstrous crime” and proceeds to provide us with insights from his research. He begins making his point through what …

Slavery: From Public Crime To Private Wrong, Alison Brysk

Human Rights & Human Welfare

The fight against slavery was the first international human rights movement, and the elimination of legalized bondage represented a hallmark of Western civilization. But the persistence and revival of this ancient evil shows that in an era of globalization, a prohibited public crime has morphed into a massive private wrong.

Combating The Slave Trade: Why Governments Are Not Good At Governing, Eric A. Heinze

Human Rights & Human Welfare

It is difficult to read Benjamin Skinner’s revealing piece on the international slave trade and not feel revolted that we still live in a world where so many people live in bondage. What is particularly disturbing is that much of the modern-day slave trade takes place with the full knowledge, and even acquiescence of, state governments.

Slavery And "Abuse Regeneration", Christine Bell

Human Rights & Human Welfare

Skinner’s depiction of modern day slavery is graphic and challenging. Anyone viewing prohibitions on slavery, or abolition, as historical anachronism, or requiring reinterpretation for modern-day practices, must think again. Skinner persuades us that slavery in its most old fashioned sense is alive and well and, worse than that–on the rise.

Eric Pianowski On Trafficking In Humans: Social, Cultural And Political Dimensions Edited By Sally Cameron And Edward Newman. New York: United Nations University Press, 2008. 284 Pp., Eric Pianowski

Human Rights & Human Welfare

A review of:

Trafficking in Humans: Social, Cultural and Political Dimensions edited by Sally Cameron and Edward Newman. New York: United Nations University Press, 2008. 284 pp.

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

New Legal Rights In The Legal System Of The United States Of America, Roberto Rosas, Bill Piatt

Faculty Articles

Currently, there exist an extensive variety of individual rights recognized both nationally and internationally. With the course of time, however, they change; therefore, governments occasionally consider it necessary to create additional protections for their citizens. Generally, these propositions are made possible through the creation and approval of new rights. Even though these new rights are based on other previously established rights, they do offer society the opportunity to protect and defend itself as well as allowing it to continue making progress.

Only a few of the new legal rights that have been recognized within the last few years will be …

The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo

Faculty Scholarship

No abstract provided.

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes

All Faculty Scholarship

At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.