From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism
Multiple participant contributors: Janet Halley, Prabha Kotiswaran, Hila Shamir, (Chantal Thomas) This Article is the result of an intense series of text and telephone exchanges among the four of us, taking place from December 2005 to April 2006. Each of us has her own project which forms the basis of her contribution to this conversation. Janet Halley is working on new rules governing wartime sexual violence in international humanitarian law, specifically the place of rape and sexual slavery...
Read MoreUSING INTERNATIONAL HUMAN RIGHTS LAW TO BETTER PROTECT VICTIMS OF HUMAN TRAFFICKING: THE PROHIBITIONS ON SLAVERY, SERVITUDE FORCED LABOR AND DEBT BONDAGE by Anne Gallagher
Trafficking was a matter for international human rights law long before it became an issue of migration or of transnational organized crime. However human rights law has not, on balance, been especially useful to victims of trafficking. Rarely are even the most clear-cut and uncontested provisions (e.g. those relating to slavery, debt bondage, forced marriage and forced labor) advanced in relation to a situation of trafficking. When such connections are made, their purpose is often rhetorical...
Read MoreThe Right to an Effective Remedy for Victims of Trafficking in Persons: A Survey of International Law and Policy by Anne Gallagher
Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the...
Read MoreThe High Cost of Freedom: A Legal and Policy Analysis of Shelter Detention for Victims of Trafficking by Anne Gallagher and Elaine Pearson
In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in...
Read MoreRecent Legal Developments in the Field of Human Trafficking: A Critical Review of the 2005 European Convention and Related Instruments by Anne Gallagher
In terms of both speed and substance, the development in human trafficking related norms and standards over the past several years is almost unprecedented in international law. This article examines the 2005 Council of Europe Convention on Action against Trafficking and the various legal and policy developments that led up to or otherwise intersect with this watershed agreement. The analysis focuses special attention on the issues of international obligation and responsibility around...
Read MorePROSECUTING AND ADJUDICATING TRAFFICKING IN PERSONSCASES IN AUSTRALIA: OBSTACLES AND OPPORTUNITIES by Anne Gallagher
Distinguished participants, ladies and gentlemen, I would like to begin by thanking the National Judicial College for organizing this event and for inviting me to participate. Much of my work on trafficking has taken place outside Australia. My exposure to this issue as it has played out in this country is more or less limited to involvement, since 2004, in training the specialist AFP investigators. I look forward to learning from the other presenters as well as from this highly diverse...
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