Cultural Attitudes Amidst Human Trafficking Law & Policy

2021 ◽  
pp. 114-179
2013 ◽  
Vol 25 (2) ◽  
pp. 165-181 ◽  
Author(s):  
Michelle Gueraldi

This article identifies some challenges faced by the Brazilian State in eradicating human trafficking. International Human Rights Law is the instrument I adopt as a conceptual paradigm for analysis of the State’s conduct, arguing that Brazilian National Policy implemented since 2008 does not meet the preventative needs, the repression of perpetrators, nor victim protection as proposed by International Human Rights Law. The conduct of State powers shows that human trafficking is still conceived as a criminal offense, rather than as a human rights violation. Existing published Brazilian studies commonly approach human trafficking in terms of criminal law. I analyze it under the umbrella of International Human Rights Law, disassociating human trafficking from an exclusively feminist approach, and describing it in terms of a global human rights violation pattern related to international migration flows. I emphasize some interior legal concepts commonly overlooked by juridical doctrine, such as vulnerability and exploitation, with attention to cultural attitudes that help determine policy.


Crisis ◽  
1997 ◽  
Vol 18 (1) ◽  
pp. 35-47 ◽  
Author(s):  
Ilkka Henrik Mäkinen

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which - according to definition - chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.


2012 ◽  
Author(s):  
M. Consuelo Barreda-Hanson
Keyword(s):  

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