Rethinking Dignity and Exploitation in Human Trafficking and Sex Workers’ Rights Cases

Abstract

As forced migration increases dramatically due to such factors as climate change, rising conflict, and authoritarianism, more legal cases on human trafficking and sex work are sure to arise. To date, very few cases on these issues have been decided in international human rights tribunals, and they have been subject to extensive criticism, especially for their conflation of slavery, human trafficking, forced prostitution, and consensual sex work. This article analyzes recent jurisprudence from Europe and Africa to address this conceptual confusion and argue that tribunals must interrogate their use of the terms dignity and exploitation or risk further marginalizing already marginalized people.