Human Rights, Labor, and the Prevention of Human Trafficking: A Response to A Labor Paradigm for Human Trafficking by Jonathan Todres
Abstract: This Essay responds to an article by Hila Shamir previously published in the UCLA Law Review, in which she suggests that human rights has failed as a framework for addressing human trafficking and that instead a labor model would be more successful. Although her article identifies potentially important benefits of a labor perspective, the binary framework it establishes, pitting human rights and labor against each other, is counterproductive. Her article mischaracterizes...
Read MoreLaw, Otherness, and Human Trafficking by Jonathan Todres
Despite concerted efforts to combat human trafficking, the trade in persons persists and, in fact, continues to grow. This article suggests that a central reason for the limited success in preventing human trafficking is the dominant conception of the problem, which forms the basis for law developed to combat human trafficking. Specifically, the author argues that “otherness” is a root cause of both inaction and the selective nature of responses to the abusive practice of human...
Read MoreThe Private Sector’s Pivotal Role in Combating Human Trafficking by Jonathan Todres
Executive Summary: The attached article explores the ways in which the private sector can help address trafficking and exploitation of persons, including children. It examines how the private sector’s (1) position in relation to streams of commerce, (2) focus on innovation, and (3) access to resources, position it as a potentially valuable partner in combating trafficking and exploitation of human beings. The article examines each of these three key features of the private sector. It does not...
Read MoreReconceptualizing Approaches to Human Trafficking: New Directions and Perspectives from the Field(s) by Kathleen Kim and Grace Chang
Scholars and advocates across several movements have attempted to develop approaches to human trafficking that would best serve the needs and support the rights of all migrant workers and survivors of trafficking. Many U.S.-based and international groups organizing for immigrant, labor, sex worker, and sexual and reproductive health rights, understand the need for collaborations among them. Yet, such connections have been largely obstructed by the U.S. federal government approach to...
Read MoreThe Coercion of Trafficked Workers by Kathleen Kim
Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the coercer, to diminish the free will of another, the coercee, in the absence of overt physical force. A valid claim of coercion places legal blame on the coercer or relinquishes the coercee from legal responsibility for a coerced act or omission. Defining the point at which coercion occurs, however, is the conceptually more difficult task. Recently, coercion has emerged as a significant source of...
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