scholarly journals Structural Violence and Human Trafficking: Migrant Domestic Workers in Lebanon

1970 ◽  
pp. 55-62
Author(s):  
Kathleen Hamill
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Structural Violence ◽  
Domestic Workers ◽  
Primary Objective ◽  
Human Beings ◽  
Key Factors ◽  
Arab Region ◽  
Labor Exploitation ◽  
Migrant Domestic Workers

Human trafficking and its link to migrant domestic labor in the Arab region is acomplex, sensitive, and challenging issue. It raises numerous questions and demands further exploration. Under international law human trafficking consists of the recruitment, transfer, or receipt of human beings by coercive or deceptive means for purposes of exploitation. This legal definition is relevant to migrant domestic workers, and the present analysis seeks to address human trafficking for labor exploitation in particular. The primary objective is to identify and analyze the key factors that make migrant domestic workers vulnerable to human trafficking within the specific context of Lebanon. These key factors include the sponsorship system, the recruitment process, and the lack of labor protection and legal redress; each one will be addressed in turn.In the process, the present analysis will also highlight structural violence that subjects migrant women to systemic oppression and increases their vulnerability to human trafficking.

State-Sanctioned Structural Violence: Women Migrant Domestic Workers in the Philippines and Sri Lanka

2019 ◽  
Vol 26 (12-13) ◽  
pp. 1598-1615
Author(s):  
Sophie Henderson
Keyword(s):  
Hong Kong ◽  
Sri Lanka ◽  
International Law ◽  
International Organizations ◽  
Structural Violence ◽  
Domestic Workers ◽  
The Philippines ◽  
Government Agencies ◽  
Advocacy Groups ◽  
Migrant Domestic Workers

Adopting a structural violence approach, this article examines how the failure to implement protective rights-based migration policies by the governments in the Philippines and Sri Lanka creates the conditions for the systematic exploitation of women migrant domestic workers by recruitment agencies and employers. Fieldwork conducted in 2018 with advocacy groups, government agencies, and international organizations in the Philippines, Sri Lanka, and Hong Kong illustrates how both countries are prioritizing the promotion of overseas employment and commodification of labor above the protection of the rights of their women domestic workers under domestic and international law.

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

scholarly journals Human Trafficking in the Context of Global Migration: Modern Manifestation of De Facto Slavery, Servitude and Forced or Compulsory Labour

2021 ◽  
Vol 10 (2) ◽  
pp. 191-215
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Trafficking ◽  
Criminal Responsibility ◽  
Direct Consequence ◽  
Domestic Workers ◽  
Human Beings ◽  
Global Migration ◽  
Work Permit ◽  
Domestic Courts ◽  
Forced Labour ◽  
Diplomatic Immunity

Abstract In recent years there has been a significant increase in trafficking in human beings as a global phenomenon. COVID-19 pandemic created conditions that increased the number of persons who were vulnerable to human trafficking and disrupted current and planned anti-trafficking initiatives. Human trafficking treats human beings as commodities to be bought and sold and put to forced labour often for lower or no payment. This constitutes a modern form of de facto slavery, servitude and forced or compulsory labour. This article provides an overview of international law on human trafficking and considers response to human trafficking in Africa. It further considers whether diplomats can be held accountable for exploitation of migrant domestic workers in receiving States. It further examines whether diplomatic immunity can be used as a bar to the exercise of jurisdiction by domestic courts and tribunals of a state which hosts the diplomat (the ‘receiving state’) in cases of employment of a trafficked person by a former or serving diplomat. It ends by considering whether trafficked persons should be held to bear individual criminal responsibility for crimes they have committed (or were compelled to commit) in the course, or as a direct consequence, of having been trafficked. Such crimes may include unlawful entry into, presence or residence in another country of transit or destination, working without a work permit, sex work, and use of false identity/false passport.

International Law’s Invisible Frames: Introductory Insights

2021 ◽  
pp. 1-12
Author(s):  
Andrea Bianchi ◽  
Moshe Hirsch
Keyword(s):  
Decision Making ◽  
Social Cognition ◽  
International Law ◽  
Social Process ◽  
Cultural Factors ◽  
Cultural Bias ◽  
Human Beings ◽  
Key Factors ◽  
Production Processes ◽  
Cognition And Knowledge

The underlying premise of the research project is that humans acquire and form their knowledge through cognitive processes (eg perception, interpretation, language). At the same time, that knowledge is processed and used via different mental channels to form a representation of reality. Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Understanding how psychological and socio-cultural factors (including cultural bias) can affect decision-making in an international legal process; identifying the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time; and unearthing the hidden meaning of the various mythologies that populate and influence our normative world, are all key factors to providing a better understanding of the invisible frames within which international law moves and performs....

scholarly journals Refugees or Victims of Human Trafficking? The case of migrant domestic workers in Hong Kong

2018 ◽  
Author(s):  
Jade Anderson ◽  
Annie Li
Keyword(s):  
Hong Kong ◽  
Human Trafficking ◽  
Sex Work ◽  
Domestic Workers ◽  
Victim Identification ◽  
Cross Border ◽  
Protection Systems ◽  
Return Home ◽  
The City ◽  
Migrant Domestic Workers

China is party to the 1951 Refugee Convention and the 2000 UN Trafficking Protocol, but has not extended coverage of either of the treaties to the Hong Kong Special Administrative Region of China (Hong Kong). Hong Kong does however offer non-refoulement protection on the basis of risks of torture or persecution. Further, Hong Kong legislation defines human trafficking, albeit only in terms of cross-border sex work. Victim identification also remains inadequate. The limited extant protection systems for refugees and victims of human trafficking operate separately and assume that such people are distinct with respect to their experiences and needs. These practices are often mirrored in the approaches of NGOs working in the city. Based on research undertaken by Justice Centre Hong Kong, this paper argues instead that boundaries between the two categories are blurry. The paper focuses on migrant domestic workers who may have claims to asylum and may be at the same time victims of human trafficking. It explores some of the implications for NGOs trying to secure better protections for such groups in Hong Kong. The paper concludes that siloing the refugee and the human trafficking frameworks creates a protection gap, particularly for people who enter Hong Kong as migrant domestic workers and cannot return home because they face a risk of persecution or torture.

scholarly journals PROTECTION OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN INTERNATIONAL LAW AND FOREIGN STATES

2016 ◽  
pp. 0-0
Author(s):  
Олеся Сакаева ◽  
Olesya Sakaeva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Trafficking ◽  
Holistic Approach ◽  
Human Beings ◽  
Trafficking In Human Beings ◽  
Trafficking Victims ◽  
Human Rights Based Approach ◽  
Gender Specific

The article deals with the tendency of establishment of human-rights-based gender-specific and child-centred approach to the preventing and combating trafficking in human beings. Comparative analysis of the norms of universal and regional international acts in the field of the combating trafficking in human beings shows that norms on the victims’ protection are primarily dispositive and the features of their implementation are left to national legislators. The role of the national referral mechanisms is emphasized because these mechanisms help to prevent illegal immigrants from posing as trafficking victims. The author hopes that humanizing tendency of contemporary international law on the whole and human-rights-based approach to the combating trafficking in human beings as its part will be growing; and holistic approach will be implemented by all countries in order to make the fight against human trafficking effective.

scholarly journals Modern Heroes, Modern Slaves? Listening to migrant domestic workers’ everyday temporalities

2020 ◽  
pp. 63-81
Author(s):  
Ella Parry-Davies
Keyword(s):  
Human Trafficking ◽  
Performance Art ◽  
Lived Experiences ◽  
Domestic Workers ◽  
Site Specific ◽  
The Everyday ◽  
Material Conditions ◽  
The Uk ◽  
State Processing ◽  
Migrant Domestic Workers

This essay draws on multi-sited, performance art-led research with Filipinx migrant domestic workers in the UK and Lebanon. It explores a dichotomy at work in the portrayal of some workers as bagong bayani or ‘modern heroes’—a phrase coined by then Philippine president Corazon Aquino—and as ‘modern slaves’, a term more recently associated with the humanitarian and state processing of survivors of human trafficking and labour abuse. Simultaneously victimising and venerating workers, I argue that both terms spectacularise experiences of migrant domestic work, untethering it from lived, material conditions. In so doing, the everyday nature of exploitation and abuse encountered by many migrant domestic workers is obscured, as well as the everyday expertise that enables them to evade, de-escalate, and survive it. Through making collaborative soundwalks with migrant domestic workers—a creative form similar to site-specific audio guides—my research identifies ways in which performance methodologies can be attentive to the specific temporalities of their lived experiences and to their decisions about self-representation.

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