Jayashri Srikantiah, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law”, 87 Boston University Law Review 157 (February 2007).
Recent groundbreaking legislation created new immigration relief for victims of human trafficking, who would otherwise be subject to deportation after escape from exploitation. However, few trafficking victims have successfully obtained relief under its provisions. Existing critique has focused on international and domestic definitions of human trafficking and appraisal of the statutory language. This Article explores the problem through a new analytical lens. I suggest that federal agencies implementing the statute have restricted relief based on a flawed understanding of victim volition, under which victims who appear to be under the total control of a trafficker are viewed as worthy of relief, and other victims are rejected as undeserving. Drawing on criminal and domestic violence law as well as immigration legal history, the Article examines the forces animating the regulatory conception of deserving victims as “iconic victims” who are understood to be under a trafficker’s total control, both as to their entry into the United States and as to their subsequent exploitation for forced labor or sex. I posit that the current federal agency approach stems from concerns about differentiating victims from other undocumented migrants and mandating victim participation in the prosecution of traffickers. The Article concludes by suggesting an alternative approach that better engages in the complex factual task of identifying victims.
Full text available here.
New Zealand was the first country to decriminalize sex work. This article provides a reflective commentary on decriminalization, its implementation and its impacts in New Zealand. New Zealand Prostitutes’ Collective (NZPC) was the key player in getting decriminalization on the policy agenda and their effective networking played an essential role to the successful campaign for legislative change. There were contentious clauses within the Prostitution Reform Act (PRA) which were of concern to NZPC and others. However, the research which informed the review of the Act has shown that decriminalization has been successful in making the industry safer and improving the human rights of sex workers within all sectors of the industry. The PRA provides several protections for sex workers, which means that their human rights and citizenship can be safeguarded. Yet there has been little movement towards decriminalization in other countries and reluctance by some to draw on New Zealand’s experience. Indeed, it cannot be claimed that decriminalization will be experienced in the same way in other countries. New Zealand is a small island with a population of just over four million and movement across its borders is more restricted than countries that are part of the European Union. Nevertheless, other countries may find the arguments used to get legislative change in New Zealand useful within their own context.
Eilis Ward, “Prostitution and the Irish State: From Prohibitionism to a Globalised Sex Trade” (February 2010) Irish Political Studies Vol. 25, No. 1, 47–65.
This article argues that while the prostitution policies of the Irish state have changed over a long time from an unambiguous prohibitionism towards a partial abolitionism, overall policy is characterised by inconsistency and contradictions and legal changes have occurred outside of a comprehensive policy review. As Ireland is integrated into a globalised sex industry, with a consequent restructuring of the vice trade, prostitution itself may remain largely beyond the reach of the state, or, policy resistant.
Full text available here.