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

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.

2019 ◽  
Vol 83 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Shahrzad Fouladvand ◽  
Tony Ward

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.


2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.


2015 ◽  
Vol 3 (1) ◽  
pp. 22-34 ◽  
Author(s):  
Dianne Scullion

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.


2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.


2021 ◽  
pp. 001112872098719
Author(s):  
Davina Durgana ◽  
Jan van Dijk

This article takes stock of studies conducted in eight countries to estimate the prevalence of human trafficking by employing the technique of Multiple Systems Estimation on data on victims of human trafficking recorded by state and non-state institutions. It presents an overview of MSE-based prevalence estimates of human trafficking victims per 100,000 inhabitants of these countries, disaggregated by type of exploitation, gender, and age. For some countries it also presents the different likelihoods of various sub-categories of trafficking victims, such as minors and migrant workers, to be detected by authorities and/or NGOs. Next, the article recounts what these studies have taught us about the suitability of applying MSE on existing multi-source databases to estimate the prevalence of trafficking victimization. The article concludes with a discussion on the promises and limitations of MSE and its prospects for further development, especially among developed nations.


2007 ◽  
Vol 22 (6) ◽  
pp. 497-515 ◽  
Author(s):  
Sue Shaw ◽  
Catherine Cassell

PurposeThe purpose of this paper is to provide a piece of empirical work that examines gender differences in how academics make sense of performance within university business schools in the UK.Design/methodology/approachThe research reported draws on data collected using a life history and repertory grid methodology with male and female interviewees from two university business schools.FindingsThe findings are discussed in relation to how academics understand what is valued about their role and what they believe the organisation rewards and values when it comes to promotion. Gender differences are shown to exist in the ways women and men define the academic role and in what they think is important both to themselves and the institution.Originality/valueThe paper presents original data on gender differences within a business school context.


Author(s):  
Kim Robinson ◽  
Lucy Williams

Kim Robinson and Lucy Williams focus on young Afghan men’s asylum claims in terms of their family background, citizenship and immigration status within the Care system under vulnerability. All young Afghans have had their asylum claims considered classified as Appeals Rights Exhausted and face return to Afghanistan. The chapter reveals how young Afghans’ narratives speak of a dangerous place where they have no links or connections yet at the same time, their description of the UK is often negative and critical of the support they have received here. The findings illustrate how immigration policies impact on marginality and affect the daily lives of these young people who are caught between two unpalatable futures, one back in Afghanistan and one living in destitution and illegality in the UK.


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