scholarly journals Human Trafficking, Vulnerability and the State

2019 ◽  
Vol 83 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Shahrzad Fouladvand ◽  
Tony Ward
Keyword(s):  
Human Trafficking ◽  
Social Relationships ◽  
Criminal Responsibility ◽  
Empirical Studies ◽  
The State ◽  
Vulnerable Subjects ◽  
Vulnerability Theory ◽  
Trafficking Victims ◽  
The Uk ◽  
Do So

This article looks at human trafficking from a perspective influenced by the ‘vulnerability theory’ developed by Martha Fineman and her associates. It draws particularly on empirical studies of human trafficking from Albania to the UK and elsewhere. It suggests that Fineman’s approach needs to be modified to see the state not only as ameliorating vulnerability, or failing to do so, but as actively creating and using vulnerability to control or exploit its population. The fact that people are placed, for political, social and economic reasons, in situations of heightened vulnerability does not of itself deprive them of agency or responsibility. People should, however, be understood as ‘vulnerable subjects’ whose capacity for autonomy may be lost when they are deprived of supportive social relationships. The implications of this view for the criminal responsibility of trafficking victims are explored.

Tekicihila Unpo (Love One Another): Confronting Human Trafficking With the Guidance of Traditional Lakota Wisdom in Nursing Practice

2019 ◽  
Vol 25 (1) ◽  
pp. 59-62
Author(s):  
Whitney Fear
Keyword(s):  
Native American ◽  
North Dakota ◽  
Human Trafficking ◽  
Case Manager ◽  
Community Outreach ◽  
The State ◽  
Oil Field ◽  
Native American Women ◽  
Trafficking Victims ◽  
Living Being

Human trafficking emerged as a serious social issue in North Dakota during the Bakken oil field boom in the western part of the state. The oil industry has seen a dramatic decrease in production in recent years. However, the presence of human trafficking continues to dominate the scene in the state. As the RN Case Manager and Community Outreach Nurse for a Healthcare for the Homeless grantee clinic in Fargo, the author is the only nurse outside of a traditional environment who works with victims of trafficking in the largest metropolitan area of North Dakota. The majority of the current targets for this heinous industry are young Native American women. The author, a Lakota woman, employs an approach with trafficking victims that seeks to reestablish the view of self as a being with significant value and ability to contribute to the world in a way that no other being can. In advocacy, she teaches professionals about the Lakota view of the Earth as a living being whose destruction may be correlated with the increased violence against women.

‘We are the vocal minority’: The Safe Standing movement and breaking down the state in English football

2020 ◽  
pp. 101269022096935
Author(s):  
Mark Turner
Keyword(s):  
The State ◽  
Final Report ◽  
Relational Sociology ◽  
The Past ◽  
Political Opportunities ◽  
Premier League ◽  
Key Characteristics ◽  
Vocal Minority ◽  
The Uk ◽  
Do So

Lord Justice Taylor’s final report into the Hillsborough stadium disaster recommended that all Premier League and Championship football grounds in England and Wales should become all-seated and that football supporters would eventually become ‘accustomed and educated to sitting’. Thirty years later, thousands of fans continue to stand at matches but in areas not designed for them to do so. This ritual has become a source of conflict between clubs, supporters and official safety bodies. In 2018, the UK Sports Minister claimed that despite this problem, there remained no desire amongst top clubs to change the all-seating policy and that it was only a ‘vocal minority’ who wanted to see the permanent return of standing in English football. However, supporters, networked through the national Football Supporters Association, had been actively mobilizing a social movement against the legislation for over 20 years. In this article, I use relational sociology to analyse empirical snapshots of the latest phase of this movement, ‘Safe Standing’, to show how the switching and cooperation of supporter networks and their tactics were successful in breaking down the state to create new political opportunities. In doing so, the article reveals the key characteristics of safe standing, including conflict, organizational form and intersubjective motivations, to represent the collective – but also often complex and contradictory – responses to the neoliberal political economy which English football, and society more broadly, has inhabited over the past 30 years.

Young Offenders, ‘Secure Colleges’ and Reforming Criminals

2015 ◽  
Vol 79 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Zia Akhtar
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Responsibility ◽  
Empirical Studies ◽  
Young Offenders ◽  
The Uk ◽  
And Control

The UK government has decided on a policy goal that is set out in the Criminal Justice and Courts Bill 2014. This goal is to invest in ‘Secure Colleges’, which are institutions planned to make young criminals ‘better citizens not better criminals’. The question is: What is the role of punishment: deterrence, incapacitation or rehabilitation? This article considers the juvenile justice system in Scotland with reference to the objectives set out in the Kilbrandon Report in 1964 and evaluates the perspective of early criminologists who state that offenders exercise a free choice in embarking on a life of crime. It is also evaluated in the light of those empirical studies that expose the harsh discipline and control in prisons as ‘oppressive’ and not likely to reform the offenders. The UK policy regarding young offenders underwent a change after the James Bulger murder in 1993 and became a deterrence-based approach. This has led to measures on both sides of the border which were retributive, such as the lowering of the age of criminal responsibility and the early intervention of probation services. This article considers the modern themes of juvenile justice and argues that the ‘Secure Colleges’ will be a corrective institution that should inculcate a more informed policy towards reintegration for the young offenders so that they emerge from the criminal justice system as improved citizens after completing their sentence.

scholarly journals The Invisibility of Labour Trafficking in Spain. A Critical Analysis of Cases and Policies

2020 ◽  
Vol 18 (2) ◽  
pp. 1-25
Author(s):  
Silvia Rodríguez López
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Critical Analysis ◽  
Public Policies ◽  
Case Law ◽  
Migration Policies ◽  
Global Migration ◽  
Labour Exploitation ◽  
Trafficking Victims ◽  
Do So

One of the most remarkable challenges concerning global migration policies nowadays has to do with impeding the trafficking of migrant workers for the purposes of labour exploitation. This paper aims to examine whether Spain has adequately fulfilled its obligations to prevent and prosecute labour trafficking and protect trafficking victims. To do so, it offers a critical analysis of public policies concerning labour trafficking, contrasting them with case-law and data regarding its implementation in practice. Thus, the most recent available data concerning inspection, investigation and prosecution of labour trafficking cases, as well as the identification and protection of labour trafficking victims in Spain is evaluated here. The results highlight the invisibility of human trafficking victims for the purposes of labour exploitation, partly caused by the lack of measures that specifically address this form of trafficking.

scholarly journals Irregular Victims: Investigating the Immigration Status Decisions of Post-NRM Victims of Human Trafficking, the Availability of Eligible Benefits and the Related Impact on Victims of Trafficking

2018 ◽  
Vol 4 (2) ◽  
pp. 66-92
Author(s):  
Alexandra Williams-Woods ◽  
Yvonne Mellon
Keyword(s):  
Human Trafficking ◽  
Empirical Work ◽  
Interdisciplinary Approach ◽  
Immigration Status ◽  
Law And Politics ◽  
International Borders ◽  
Legal Position ◽  
Trafficking Victims ◽  
The Uk ◽  
Domestic Law

Human trafficking is connected to migration as it often involves crossing international borders. This article argues that by failing to view the issue of human trafficking through the lens of migration, the current framework for assisting victims of human trafficking fails to ensure the protection of the individuals concerned. This article offers an innovative perspective by analysing the specific legal position of victims of human trafficking in the context of UK domestic law and international agreements, and tracing this to survivor experiences. The extent to which non-UK national survivors of human trafficking are able to access the rights that they are entitled to in the UK is explored, as well as what factors influence the accessibility of these rights. Utilising an interdisciplinary approach, encompassing scholarship of law and politics, this article links a review of the current legal landscape relating to immigration status for trafficking victims with empirical work exploring the experiences of non-UK national trafficking survivors.

scholarly journals PEMULIHAN KORBAN TINDAK PIDANA PERDAGANGAN ORANG BERDASARKAN PENDEKATAN HUKUM PROGRESIF DAN HAK ASASI MANUSIA

2019 ◽  
Vol 12 (1) ◽  
pp. 81
Author(s):  
Muhammad Reza Winata ◽  
Tri Pujiati
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
The State ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Remedies ◽  
Data Collecting ◽  
The Law ◽  
Trafficking Victims ◽  
Human Rights Based Approach

ABSTRAKTindak pidana perdagangan orang merupakan kejahatan yang melanggar hak asasi manusia. Dalam praktik, masih terdapat kendala untuk memulihkan hak asasi manusia korban tindak pidana perdagangan orang, sehingga diperlukan pendekatan berdasarkan hukum progresif dan hak asasi manusia (human rights based approach). Artikel ini menjawab rumusan masalah yaitu pemulihan korban tindak pidana perdagangan orang berdasarkan pendekatan hukum progresif dan hak asasi manusia dalam Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST. Metode penelitian menggunakan penelitian hukum kualitatif melalui pendekatan putusan, regulasi, dan doktrinal, serta pengumpulan data dengan studi kepustakaan terhadap bahan hukum primer dan sekunder, serta wawancara narasumber.  Hasil kajian menunjukkan Putusan Nomor 978/Pid.Sus/2016/PN.JKT.PST menerapkan hukum progresif melalui sita restitusi yang sesungguhnya belum diatur secara normatif dalam Undang-Undang Pemberantasan Tindak Pidana Perdagangan Orang. Terobosan hukum ini dilakukan dengan menyita kekayaan terdakwa pada tingkat penyidikan atau penuntutan untuk kepentingan ganti kerugian terhadap korban. Selain itu, kajian terhadap putusan menunjukkan putusan ini sebenarnya telah memiliki dimensi berdasarkan pendekatan hak asasi manusia. Namun, terobosan hukum pada putusan masih belum sepenuhnya menjamin pemulihan hak asasi manusia karena terdapat kemungkinan terdakwa tidak mampu membayar atau tidak memiliki kekayaan untuk disita, maka negara berkewajiban hadir untuk memulihkan hak korban tindak pidana perdagangan orang melalui pemberian kompensasi.Kata kunci: tindak pidana perdagangan orang, hukum progresif, hak asasi manusia. ABSTRACT Human trafficking is a crime that violates human rights. In practice, there are still some obstacles in legal remedies of human rights of the victims of human trafficking that an approach based on progressive law and human rights is needed. This analysis elaborates the formulation of the problem in Decision Number 978/Pid.Sus/2016/PN.JKT.PST concerning legal remedies of the human trafficking victims based on progressive legal and human rights approach. The method applied is qualitative legal research through decisions, regulations, and doctrinal procedures, as well as library data collecting on primary and secondary legal materials, along with interviews. The results of the study show that the Decision Number 978/Pid.Sus/2016/PN.JKT.PST applies progressive law through the confiscation of restitution which is not yet normatively regulated in the Law on Eradication of Human Trafficking Crimes. Legal breakthrough is made by confiscating the assets of the defendant in the investigation or prosecution level for the victims' compensation. Further, the analysis result of court decisions shows that the decision has already had dimensions based on the human rights approach. But, the legal breakthrough in the declaration still cannot fully guarantee the legal remedies of human rights of the victims if the defendant cannot be able to pay or have no properties to confiscate. In this case, the state is obliged to give back the rights of the victims of human trafficking through compensation. Keywords: human trafficking, progressive law, human rights.

scholarly journals Queering the Debate: Analysing Prostitution Through Dissident Sexualities in Brazil

2018 ◽  
Vol 40 (3) ◽  
pp. 525-547
Author(s):  
Amanda Álvares Ferreira
Keyword(s):  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Sex Trafficking ◽  
Large Scale ◽  
Gender Norms ◽  
Related Question ◽  
The State ◽  
Sex Market ◽  
Do So

Abstract The aim of this article is to contrast prominent discourses on prostitution and human trafficking to the context of prostitution in Brazil and local feminist discourses on this matter, understanding their contradictions and limitations. I look at Brazilian transgender prostitutes’ experiences to address an agency-related question that underlies feminist theorizations of prostitution: can prostitution be freely chosen? Is it necessarily exploitative? My argument is that discourses on sex work, departing from sex trafficking debates, are heavily engaged in a heteronormative logic that might be unable to approach the complexity and ambiguity of experiences of transgender prostitutes and, therefore, cannot theorize their possibilities of agency. To do so, I will conduct a critique of the naturalization of gender norms that hinders an understanding of experiences that exceed the binary ‘prostitute versus victim.’ I argue how both an abolitionist as well as a legalising solution to the issues involved in the sex market, when relying on the state as the guarantor of rights to sex workers, cannot account for the complexities of a context such as the Brazilian one, in which specific conceptions of citizenship permit violence against sexually and racially marked groups to occur on such a large scale.

scholarly journals Assessing the Extent of Human Trafficking: Inherent Difficulties and Gradual Progress

2015 ◽  
Vol 3 (1) ◽  
pp. 22-34 ◽  
Author(s):  
Dianne Scullion
Keyword(s):  
Data Collection ◽  
Human Trafficking ◽  
Statistical Data ◽  
Global Scale ◽  
Human Beings ◽  
Policy Responses ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
The Uk ◽  
The Relationship

This article explores some of the key current research and statistical evidence available on the global scale of trafficking in human beings, and considers the assumption that the occurrence of trafficking is increasing. The value and limitations of this statistical data is identified, as is the relationship between the research base and the resulting legal and policy responses. This allows an assessment of whether there is a connection between the perceived problem and the responses to trafficking victims’ circumstances. It questions whether assumptions, generalisations and policies can be based around the available data and the responsibilities of individual countries, including the UK and the wider international community, in relation to the improvement of data collection. The article also considers signs of progress in terms of data collection and suggests further future improvements that need to be made to the approach taken.

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