Definition Of Trafficking Research Articles

Social service providers' knowledge of domestic sex trafficking in the Canadian context

Canadian research on the domestic sex trafficking of adolescents and adults is in its infancy with little exploration of social service providers' knowledge. This is an important gap as international research has identified that providers are well situated yet often lack the knowledge necessary to identify and help sex trafficked persons. The current study used a critical social approach to examine social service providers' knowledge about domestic sex trafficking in Canada. Fifteen in-depth, semi-structured interviews were conducted via Zoom with diverse providers from Ontario. Interviews were analyzed using Braun and Clarke's thematic analysis. Analysis revealed varying levels of knowledge among providers, sometimes inconsistent with self-rated expertise and experience. Some providers with moderate-to-high expertise conveyed detailed knowledge of sex trafficking definitions and a continuum between sex work and sex trafficking while others with the same reported expertise conflated sex work and sex trafficking, suggesting that they may have over-estimated their level of knowledge. Most discussed “vulnerabilities” perceived as increasing sex trafficking risk: lack of belonging, stigmatization, societal and individual level racism. Providers described tactics used by traffickers to lure and retain individuals in sex trafficking. Formal education about sex trafficking across regions and providers was lacking, suggesting that sex trafficked persons are subject to the “luck of the draw” when seeking help from social service providers. The development of a core curriculum could help ensure that all social service providers in Canada–and other jurisdictions in which domestic sex trafficking is an issue–have the necessary knowledge to appropriately address sex trafficked persons' needs.

Human Trafficking Education: A Pilot Study of Integration into Medical School Curriculum.

Few medical schools incorporate formal education on human trafficking (HT) and sex trafficking (ST) into their curriculum. Our objective was to develop, implement, and evaluate education on HT and ST in the first-year medical student curriculum. The curriculum included a standardized patient (SP) experience and lecture. As part of their mandatory sexual health course, students interviewed an SP who presented with red flags for ST and then participated in a discussion led by a physician-facilitator in an observed small group setting. A multiple-choice survey to assess knowledge about HT and ST was developed and administered to students before and after the SP interview. Of the 50 first-year medical students, 29 (58%) participated in the survey. Compared with the students' baseline scores (according to the percentage of correct responses), scores after the educational intervention showed a significant increase in percentage correct on questions related to trafficking definition and scope (elder care, P = .01; landscaping, P = .03); victim identification (P < .001); referral to services (P < .001); legal issues (P = .01); and security (P < .001). On the basis of the feedback, a 2-hour lecture, which was adapted from the American Medical Women's Association-Physicians Against the Trafficking of Humans "Learn to Identify and Fight Trafficking" training, was presented the next year to all first-year medical students as part of their longitudinal clinical skills course and before the SP case. Curriculum objectives included learning trafficking definitions, victim/survivor identification, intersections with health care, the local impact of HT, and available resources. This curriculum fulfills course objectives and could be replicated at other institutions. Further evaluation of this pilot curriculum is necessary to evaluate its effectiveness.

CONSENT IN A TRAFFICKING PARADIGM: EXPLORING THE CONFLATION BETWEEN SEX TRAFFICKING AND VOLUNTARY SEX WORK

This article explores the notion of consent inthe trafficking paradigm and the conflation of voluntary sex work and sex trafficking in Malaysia. The article argues that because consent of a trafficked victim is irrelevant inthe context of international law, the authorities tend to conflate voluntary sex work with trafficked sex work. This obstructs a clear definition of trafficking and places women in precarious positions. The article also aims to evaluate the approaches in protecting victims through raids and rescue operations, shelter detention, andjudicial processes in the respective states in the country. The article will demonstrate that while women areuniquely positioned to be a part of the fight against sex trafficking through their access to information, their consent to be pa.rt of the process in tackling sex trafficking has been ignored, negated, and disregarded throughout the anti-trafficking regime. Such practices are seen as violating women' s fundamental rights and fosters distrust between trafficked women and the authorities. It also demonstrates the failure of the government in addressing human trafficking issues.

La conceptualización legal de la trata sexual en Argentina. Lenguajes políticos y definiciones penales

En el presente artículo me propongo recapitular algunas claves analíticas en torno a la noción de trata como conceptualización legal en la Argentina y sus implicaciones para los procesos penales. En primer lugar, sugiero revisar algunas coordenadas teóricas para pensar lo legal como discurso de verdad. En segundo lugar, ubico los debates sobre el alcance de la definición del delito de trata de personas en el marco de las disputas en torno a la comprensión de la sexualidad comercial y su recepción en Argentina. Por último, esbozo algunas reflexiones que apuntan a vincular las teorizaciones aludidas y su traducción en el ámbito penal.

RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

Integrating Human Trafficking Data: A Case Study of Conceptual and Operational Variation in Ohio

ABSTRACT This paper describes the process and methods of integrating human trafficking data across agency record sources. This study focuses on the process of collecting and integrating comprehensive human trafficking data for research purposes. Using a case study framework for the state of Ohio, we first explore the variation in human trafficking definitions used across agencies and the implications for integrating data sources. Second, we describe how these disparate sources of data were integrated with the goal of estimating the prevalence of human trafficking. Third, we describe the need for conceptual and operational clarification in how agencies define and measure human trafficking victimization as we identified a lack of uniformity in definitions and variability in the types of measured items. In conducting this statewide prevalence study, we identified challenges to integrating agency record data across sources based on variation in definitions and variable inclusion which led to conceptual ambiguity. We offer three practical recommendations to improving conceptual and operational approaches to human trafficking measurement. In particular, attending carefully to the process of data collection can improve measurement to promote change in practice that facilitates more effective intervention.

Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles

The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.

Timescapes in Public Policy – Constructing the “Victim of Trafficking”

ABSTRACT Human trafficking is presented as a multidimensional problem, constituted by a complex matrix of borders, vertices and spaces. In spite of the agreement of an international definition of trafficking in human beings some 20 years ago, debates persist about what constitutes human trafficking. The malleability of the concepts within this definition undermines efforts to provide clarity to front-line professionals and the wider public about how to recognize individuals as potential victims, and what rights should be afforded to them (O’Connell Davidson 2013). This paper interrogates the role of time and temporality in the construction of individuals as in/eligible for the status of “Victim of Trafficking.” Adam’s (1998) approach to time as a multidimensional phenomenon, constituted by timeframes, temporality, sequences, tempo, timeliness, and temporal modalities structures the paper, and a case study of R v N [2012] EWCA Crim 189 is used to illustrate the discussion. Consideration is given to the differentiation of offenders from victims and the discrete phases of processing individuals through the criminal justice system. Across all of these categories and the borders between them, time shapes the decision of street-level bureaucrats to construct a complex, multi-layered understanding of efforts to tackle human trafficking in England and Wales.

Glosa do wyroku Sądu Najwyższego – Izba Karna z dnia 17 października 2017 r. (III KK 103/17)

&lt;p&gt;The gloss approves the position of the Supreme Court presented in the judgement of 17 October 2017 (III KK 103/17). Trafficking in human beings cannot be understood only as a commercial transaction involving the transfer of a person’s property to another entity in return for other benefits. At the same time, it should be emphasized that even the possible consent of the aggrieved party does not affect the crime of this procedure. The definition of trafficking in human beings should be understood broadly, and its interpretation should be governed by EU and international law. When interpreting norms, it is possible to use the norms of international law, especially self-executing standards, as an interpretative guideline, although they are not formally in law.&lt;/p&gt;

Sex Trafficking Knowledge and Training: Implications From Environmental Scanning in the American Midwest.

Large gaps exist in our knowledge about the effectiveness of sex trafficking training. This study surveyed knowledge and training regarding sex trafficking among service providers (N = 66; i.e., social workers, law enforcement offers, and medical providers) in one Midwestern state. The study aimed to: (a) determine the goodness-of-fit between respondents' agency criteria for victim identification and established trafficking definitions, (b) assess training desired and received, and (c) examine group differences in knowledge and training by profession and position. Results suggest confusion exists in defining sex trafficking among aftercare providers despite nearly all respondents indicating they had received training on definition, identification, and vulnerability. Training gaps regarding service coordination, case development, and the legal, mental health, and medical needs of victims remain.

Transgender People and Human Trafficking: Intersectional Exclusion of Transgender Migrants and People of Color from Anti-trafficking Protection in the United States

ABSTRACT Transgender (hereafter: trans) people are rarely included in human trafficking research. This empirical study presents narratives of trans individuals who report experiences consistent with the Palermo Protocol’s definition of trafficking, access to anti-trafficking services for trans individuals, and attitudes of anti-trafficking advocates and law enforcement toward trans people. Ethnographic fieldwork conducted for 30 months between March 2017 and August 2019 in Los Angeles and New York City included in-depth interviews with sex workers and trafficked persons (n = 50), of whom 26 were trans, and key informants (n = 17) from law enforcement and social services. Most trans participants who reported exploitation did not self-identify as victims of trafficking nor were they identified by police or anti-trafficking organizations as victims. Law enforcement gatekeeping was identified by anti-trafficking advocates as a barrier to meeting the needs of trans clients because they were viewed as “less exploitable” than cisgender women. Discriminatory law enforcement practices resulted in the exclusion and hyper-criminalization of trans migrants and people of color who were profiled not only by gender, but also race/ethnicity and immigration status.

Expert Consensus Definition of Domestic Minor Sex Trafficking in Australia

ABSTRACT Domestic minor sex trafficking is often thought of as a crime that happens somewhere else (outside of Australia), with most conceptualizations involving a child who is internationally trafficked. The lack of a clear definition of domestic minor trafficking is a challenge often cited in the literature. In response, the current research explored an operational definition of domestic minor sex trafficking, using a Delphi methodology. A commonly held view of Australians is that Australia is impervious to trafficking, despite numerous cases of exploitation appearing to fit the international and Australian legal definition of trafficking (identified in legal databases and media reports). The Delphi method is an iterative survey method developed by the Rand Corporation in the 1950s. In the current study, a panel of 14 experts participated in three rounds of online surveys to reach a consensus definition of domestic minor sex trafficking within Australia. Ten themes were identified and used to develop the operational definition. The results will be used as a basis to examine prevalence of domestic trafficking and the characteristics of those who domestically traffic children, in addition to examining clarity and effectiveness of the current legislation.

The Elastic Meaning(s) of Human Trafficking

What is human trafficking? When is an expansive definition of trafficking justifiable? How does trafficking relate to other concepts—like domestic violence, sexual assault, labor exploitation, and prostitution—with which it often overlaps? These questions have become increasingly salient after the U.S. Congress defined the crime of human trafficking in the Victims of Trafficking and Violence Protection Act of 2000 (“TVPA”). Since then, all fifty states have passed legislation with varying definitions of the crime. Congress also has re-entered the field with subsequent legislation, expanding the crime to capture new conduct. As a result of legislative advocacy and judicial interpretation, the legal definition of human trafficking in the United States has now broadened to include a remarkably wide variety of actors and conduct. This is particularly evident in the context of sex trafficking. Buyers of sex, online platforms, and hotels increasingly have been caught in the anti-trafficking crosshairs and targeted with increased criminal and civil liability. In addition, prosecutors, plaintiffs, and legislators have reframed new conduct as trafficking. In some states, for example, almost all commercial sex is now sex trafficking. In other contexts, previously discrete gender-based crimes, such as domestic violence and sexual assault, are categorized as trafficking. This Article examines the historical and continuing expansion of trafficking definitions in the United States with a particular focus on sex trafficking. It posits that the broadening trafficking framework offers solutions to intractable problems that have bedeviled prosecutors and victim-rights advocates since 2000. However, the expansion also poses risks of its own to the rights of victims, defendants, and the continued viability of the trafficking framework. This Article argues that the next wave of reform should involve selective broadening and pruning. It cautions against an overly ambitious future expansion, arguing that it risks endangering the strength and legitimacy of the trafficking concept itself.

BRIBERY AS A WAY OF SPECIAL INCITEMENT TO TRAFFICKING

The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime. In particular, it is noted that, unlike national criminal law, international legal acts consider this concept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim. The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.

Human Trafficking in Asia: Increasing Individual And State Accountability Through Expanded Victims’ Rights

Freedom and justice are sweet dreams for individuals who are forced or tricked into serving others against their will-who are trafficked for the purpose of exploitation.1 They are sweet dreams because freedom and justice are not guaranteed and often not realized together. Individuals who have suffered as victims of trafficking may be freed only later to find no way of pursuing justice or redress for the wrongs they suffered. Instead, their traffickers go unpunished and continue to profit. Meanwhile, governments often ignore victims’ needs and sometimes even punish victims as criminals by quickly deporting them, denying them opportunities for compensation, or holding them accountable for criminal activities they performed under duress. Shipped to and from different states, either against their will or by deception, victims suffer violations and denials of essential rights on account of both traffickers and governments. Yet, neither traffickers nor governments are adequately held accountable for their actions, or the lack thereof, and victims are left without justice. [1] For a more expansive definition of trafficking, see Protocol to Prevent, Suppress, and Punish Trafficking in Persons, opened for signature Dec. 12, 2000, G.A. Res. 25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at arts. 3, 5. U.N. Doc. A/45/49 (Vol. I) (2001), (entered into force Dec. 25, 2003) [hereinafter Trafficking Protocol] and ANTi-HuMAN TRAFFICKING UNIT, UNITED NATIONS OFFICE ON DRUGS AND CRIME, THE EFFECTIVENESS OF LEGAL FRAMEWORKS AND ANTITRAFFICKiNG LEGISLATION, UN.GIFT B.P.:023 (February 2008).

A move in the Right Direction? The Model Law against Trafficking in Persons and the ILO Operational Indicators

AbstractWhile the Palermo Protocol sought to offer the global community the first‐ever definition of trafficking and the parameters for who constitutes a victim, the result was an inaccurate, ill‐defined and cumbersome definition that fails to match the realities of the phenomenon. Since 2000, two other international instruments were drafted: the UNODC Model Law against Trafficking in Persons and the ILO Operational Indicators on Trafficking in Human Beings. This article navigates through various hypothetical scenarios to demonstrate the limitations of the Palermo Protocol in accommodating the autonomy exercised by victims of trafficking in the process of migrating into exploitative work and the more accurate picture of the victim offered by these newer instruments. By identifying the strengths in international law when it comes to trafficking and the problems that remain, this article offers potential solutions to how international law can better reflect trafficking and victimhood.

Reforming Mexico’s Anti-Trafficking in Persons Legislation

In the past few years, Mexico has taken a number of measures to further prevention, protection, and prosecution of trafficking in persons. The country’s government has signed international anti-trafficking conventions and has taken some aspects of widely accepted international definitions of this crime as a reference when drafting its anti-trafficking legislation. However, Mexican lawmakers have interpreted human trafficking in their own terms. Mexico’s current anti-trafficking legislation is based on a quite broad definition of trafficking in persons and shows serious limitations that have led to the misidentification of victims and traffickers, as well as to re-victimization. This adds to Mexico’s weak rule of law, corruption, and the involvement of interest groups with particular agendas/ideologies that have obstructed reform. The present analysis demonstrates the imperative necessity to modify the current anti-trafficking legislation in Mexico and provides some basic suggestions for this much-needed reform.

News Reporting on Human Trafficking: Exploratory Qualitative Interviews with Illinois News Journalists

ABSTRACTMedia—in particular news coverage—contribute toward shaping public understanding and opinion on societal issues, and influence policies, programs, and legislative action. While a small number of previous studies have explored journalists’ reporting on other social issues, very little is known about their perceptions and knowledge of human trafficking. In this exploratory study, researchers conducted 12 qualitative interviews with Illinois newspaper reporters to examine their understanding and work process in covering human trafficking. The results suggest that while many reporters understand the federal definition of trafficking, there remain gaps in knowledge about the complexity of the issue. Furthermore, the work process that reporters follow to report on human trafficking differs by their particular role and level of experience, with investigative stories on human trafficking being covered by more seasoned reporters who have the time and space to explore the issue in greater depth. The study findings highlight the importance of, and constraints upon, comprehensive news coverage on human trafficking.

UNCOVERING LABOUR EXPLOITATION: LIGHTS AND SHADOWS ON THE LATEST EUROPEAN COURT OF HUMAN RIGHTS' CASE LAW ON HUMAN TRAFFICKING

For the first time, the European Court of Human Rights (ECtHR) qualified two labour exploitation cases as human trafficking. In examining these two latest judgments in the light of the Court’s earlier trafficking case law, this study highlights that, despite some positive contributions, a regressive trend prevails. The Court fails to establish a clear distinction between the concepts of human trafficking and forced labour – the very existence of the latter being threatened by its conflation with trafficking – and substantially lowers standards with respect to states’ positive obligations, mainly in relation to the establishment of an adequate normative framework and to judicial cooperation in cross-border trafficking cases. Worryingly, while confusion persists around the understanding of the international definition of trafficking and its relevance under Article 4 ECHR, the holistic approach to positive obligations initially taken by the Court in Rantsev is progressively being eroded, in full contradiction with its positive obligations doctrine and European anti-trafficking law.

Population geography I

This first report explores how understandings of human trafficking have progressed within population geography. Exemplified by studies of exploitative labour migration, population geography has made implicit contributions by stressing the value of a geographic perspective on the webs of interconnections and links between different places and trafficking. In addition, dominant ideas of linear trafficking processes have been disrupted, via evidencing the informal involvement of families in the phases of recruitment, transportation, and control. I argue that a more encompassing, interdisciplinary tenet could be woven into population studies of trafficking, by more explicitly engaging with social science debates. Embedding the legal, global definition of trafficking into wider studies of migration is paramount for this direction of travel. There is also merit in population geography advancing understandings by adopting holistic lenses of enquiry, connecting-up with (sub-)disciplinary geographic studies of migration and trafficking in the Global South and Global North. Studies of trafficking provide a potentially fruitful terrain for population geography to deliver multidisciplinary, impactful research of a key global challenge, to inform policies to prevent and mitigate the ills of trafficking, and progress conceptual and theoretical understandings of trafficking.