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Tag Archives: Critique of Anti-Trafficking

Kotiswaran, Prabha. „Do Feminists Need an Economic Sociology of Law?“ Journal of Law and Society 40(1) (2013): 115–36. https://doi.org/10.1111/j.1467-6478.2013.00615.x.
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Feminist legal scholars have long exposed the mutually constitutive relationship between the market and the social sphere, particularly, of the family, as mediated by the state. A peculiar division of labour has emerged in American feminist legal theorizing on the market in the context of care work, on the one hand, and sex work on the other. Care is valorized, thus entrenching the family‐market dichotomy while the sex‐work debates view the market as a source of harm and violence and therefore to be eliminated from the social. This produces a problematic feminist understanding of the market and generates legal reforms that produce unintended consequences for women themselves. The article offers an economic sociology of law pursued in legal ethnographic terms as a way of revitalizing contemporary feminist legal thought on the market and, indeed, the economy, illustrating its use in the context of international anti‐trafficking law and transnational surrogacy.

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Walker, Rebecca, und Treasa Galvin. 2018. „Labels, victims, and insecurity: an exploration of the lived realities of migrant women who sell sex in South Africa“. Third World Thematics: A TWQ Journal 3 (2): 277–92. https://doi.org/10.1080/23802014.2018.1477526.
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Based on research work among cross-border migrant women who sell sex in South Africa, this paper examines the ways in which the label ‘victim’ of human trafficking ignores the complex realities of human mobility. We argue here that as state legislative and policy measures, in relation to human trafficking, justify the securitisation of borders and the curtailment of migrant rights, an accompanying hegemonic discourse serves to deny the agency of migrant women sex workers. As a result, the linkages between human trafficking and migration are experienced by migrant women sex workers through new layers of vulnerability and insecurity.

Ray, Sawmya. 2018. „In a State of Limbo: Women, Sex Industry and Anti-Trafficking Interventions in Assam“. Sociological Bulletin, Juni, 0038022918775499. https://doi.org/10.1177/0038022918775499.
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This article attempts to understand anti-trafficking interventions in Assam with special reference to sex trafficking. It critically analyses ideologies determining the functioning of anti-trafficking networks and its impact on combating sex trafficking. Of specific concern is to understand the ways in which policies of rescue, rehabilitation and reintegration are implemented and whether such implementation places at its centre the standpoint of the marginalised, that is, women in commercial sex—trafficked or otherwise. This article is based on data collected from rescued trafficked women, current sex workers, state and non-state anti-trafficking personnel, observation at shelter homes and case studies. It argues that anti-trafficking networks in Assam work within the neo-abolitionist approach resulting in the patronisation and infantilisation of women in commercial sex. Despite its effectiveness in certain aspects, it more often than not leaves these women in a state of limbo.

Since the declaration by the United Nations that awareness raising should be a key part of efforts to combat human trafficking, government and non-government organizations have produced numerous public awareness campaigns designed to capture the public’s attention and sympathy. These campaigns represent the ‘problem’ of trafficking in specific ways, creating heroes and villains by placing the blame for trafficking on some, whilst obscuring the responsibility of others. This article adopts Bacchi’s ‘what is the problem represented to be?’ framework for examining the politicization of problem representation in 18 anti-trafficking awareness campaigns. It is argued that these campaigns construct a narrow understanding of the problem through the depiction of ‘ideal offenders’. In particular, a strong focus on the demand for commercial sex as causative of human trafficking serves to obscure the problematic role of consumerism in a wide range of industries, and perpetuates an understanding of trafficking that fails to draw a necessary distinction between the demand for labour, and the demand for ‘exploitable’ labour. This problem representation also obscures the role governments in destination countries may play in causing trafficking through imposing restrictive migration regimes that render migrants vulnerable to traffickers.

Lammasniemi Laura, ‘Anti-White Slavery Legislation and its Legacies in England’ (2017) 9 Anti-trafficking Review.
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This paper argues that the foundation of modern anti-trafficking laws in England and Wales was created at the turn of the twentieth century, during the peak of white slavery hysteria. It shows that a series of interrelated legal interventions formed that foundation. While white slavery as a myth has been analysed, this paper turns the focus on legal regulation and shows why it is important to analyse its history in order to understand modern responses to trafficking. It focuses, in particular, on the first legal definition of victims of trafficking, involvement of vigilance associations in law reform, and on restrictions put in place on women’s immigration. Finally, it reflects on how laws enacted at the turn of the twentieth century still resonate with those of today.

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There is a notable shift toward more repression and criminalization in sex work policies, in Europe and elsewhere. So-called neo-abolitionism reduces sex work to trafficking, with increased policing and persecution as a result. Punitive “demand reduction” strategies are progressively more popular. These developments call for a review of what we know about the effects of punishing and repressive regimes vis-à-vis sex work. From the evidence presented, sex work repression and criminalization are branded as “waterbed politics” that push and shove sex workers around with an overload of controls and regulations that in the end only make things worse. It is illustrated how criminalization and repression make it less likely that commercial sex is worker-controlled, non-abusive, and non-exploitative. Criminalization is seriously at odds with human rights and public health principles. It is concluded that sex work criminalization is barking up the wrong tree because it is fighting sex instead of crime and it is not offering any solution for the structural conditions that sex work (its ugly sides included) is rooted in. Sex work repression travels a dead-end street and holds no promises whatsoever for a better future. To fight poverty and gendered inequalities, the criminal justice system simply is not the right instrument. The reasons for the persistent stigma on sex work as well as for its present revival are considered.
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This article analyzes celebrities’ norm entrepreneurship through a specific instance of its enactment: Ashton Kutcher and Demi Moore’s media campaign against human trafficking (the K&M Campaign). Drawing from literatures about celebrities and politics and norm entrepreneurship, and using qualitative-interpretive methods of data collection and analysis, I show how the K&M Campaign provides an early, high-profile example of this norm entrepreneurship that demonstrates why and how celebrities communicate norms to the broader public. To illustrate, I show how changing political-economic conditions have facilitated celebrities’ ascendance in the polity, and I argue that Kutcher and Moore have emerged under these conditions to actively oppose human trafficking. Using their considerable resources, they have promoted an “individual responsibility” norm that instructs the public to avoid coercive sexual and labor activities and trafficking situations. I then argue further that the K&M Campaign provides broader lessons about norms’ fluidity: even when they are seemingly incontrovertible and their entrepreneurial proponents (celebrities) have extensive resources, norms may be contradicted and contentious nonetheless. In this case, by promoting an individual responsibility norm, Kutcher and Moore inadvertently conveyed retrograde gender norms and minimized the importance of broader structural solutions to human trafficking.