Sex trafficking: Difference between revisions
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The United Nations reported in 2012 that at any given time, there are 21 million people throughout the world who are victims of [[human trafficking]].<ref name="USA Today">{{cite news|title=U.N.: 2.4 million human trafficking victims|url=http://usatoday30.usatoday.com/news/world/story/2012-04-03/human-trafficking-sex-UN/53982026/1|accessdate=17 March 2015|agency=USA Today|publisher=USA Today|date=4 April 2012}}</ref> In this annual $32 billion industry, 80 percent of victims are being exploited as sexual slaves.<ref name="USA Today" /> Most victims find themselves in coercive or abusive situations from which escape is both difficult and dangerous.<ref name="Inside the Business of Modern Slavery"/> The victims and locations where in which this practice occurs spans the global and reflects an intricate web between nations making it very difficult to draft solutions to this human rights problem. |
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Sex trafficking is composed of two key aspects, slave trading and slavery. The combination of the two, represents the supply and demand side of the sex trafficking industry, respectively. These sex trafficking crimes are defined by three steps: acquisition, movement, and exploitation.<ref name="Inside the Business of Modern Slavery">{{cite book|last1=Kara|first1=Siddharth|title=Sex Trafficking: Inside the Business of Modern Slavery|date=2009|publisher=Columbia University Press|accessdate=17 March 2015}}</ref> |
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==Definition== |
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===Global=== |
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It was not until 2000 that there was an international recognized definition that was adopted by nations through the [[United Nations]].<ref name="Villanova"> {{cite Bosworth, M., Dempsey, M. M., & Hoyle, C. (2012). Defining Sex Trafficking in International and Domestic Law: Mind the Gaps. Villanova: Public Law and Legal Theory Working Paper Series}}</ref> The definition was established through the United Nations Convention Against Transnational Organized Crime, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which is also referred to as the Palermo Protocol.<ref name="Villanova"/> The Palermo Protocol was ratified by 147 of the 192 member states of the UN when it was published.<ref name="Villanova"/> Article 3 of the Palermo Protocol states the definition as:<ref name="Palermo Protocol Doc">{{cite journal|last1=United Nations|title=Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime|date=2012|url=http://www.osce.org/odihr/19223?download=true|accessdate=17 March 2015}}</ref> |
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(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. |
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Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; |
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(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; |
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(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article; |
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(d) “Child” shall mean any person under eighteen years of age. |
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Article 5 of the Palermo Protocol then requires the member states to criminalize trafficking based on the definition outlined in Article 3; however, many member states' domestic laws reflected a narrower definition than Article 3. Although these nations claim to be obliging Article 5, the narrow laws cause them to criminalize a small subset of cases then they truly should be pursuing.<ref name=Villanova /> |
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===United States=== |
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The United States during this same period passed the Trafficking Victims Protection Act of 2000 (TVPA) to clarify the previous confusion and discrepancies in regards to the criminalizing guidelines of human trafficking.<ref name=Arizona>{{cite journal|last1=Lew|first1=Candace|title=Sex Trafficking of Domestic Minors in Phoenix, Arizona: A Research Project|date=July 2012|url=http://dianeandbrucehallefoundation.org/wp-content/uploads/2012/07/sex-trafficking-domestic-minors.pdf|accessdate=17 March 2015}}</ref> Through this act, sex trafficking crimes were defined by where "in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.”<ref name="TVPA Doc">{{cite web|last1=United States Government|title=Victims of Trafficking and Violence Protection Act of 2000|url=http://www.state.gov/documents/organization/10492.pdf|website=U.S. Department of State|accessdate=17 March 2015}}</ref> If the victim is a child under the age of 18 no force, fraud, or coercion needs to be proven based on this legislation.<ref name=Arizona /> |
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==See also== |
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*[[Sexual exploitation]] |
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*[[Human trafficking]] |
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*[[Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children]] |
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*[[Transnational efforts to prevent human trafficking]] |
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*[[Migrant sex work]] |
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*[[Forced prostitution]] |
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*[[Exploitation]] |
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*[[Trafficking of children]] |
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*[[Child laundering]] |
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*[[Prostitution]] |
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*[[People smuggling]] |
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==External links== |
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*[http://traffickingresourcecenter.org/ National Human Trafficking Resource Center] |
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*[http://www.polarisproject.org/index.php Polaris Project] |
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==References== |
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Revision as of 18:37, 17 March 2015
The United Nations reported in 2012 that at any given time, there are 21 million people throughout the world who are victims of human trafficking.[1] In this annual $32 billion industry, 80 percent of victims are being exploited as sexual slaves.[1] Most victims find themselves in coercive or abusive situations from which escape is both difficult and dangerous.[2] The victims and locations where in which this practice occurs spans the global and reflects an intricate web between nations making it very difficult to draft solutions to this human rights problem.
Sex trafficking is composed of two key aspects, slave trading and slavery. The combination of the two, represents the supply and demand side of the sex trafficking industry, respectively. These sex trafficking crimes are defined by three steps: acquisition, movement, and exploitation.[2]
Definition
Global
It was not until 2000 that there was an international recognized definition that was adopted by nations through the United Nations.[3] The definition was established through the United Nations Convention Against Transnational Organized Crime, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which is also referred to as the Palermo Protocol.[3] The Palermo Protocol was ratified by 147 of the 192 member states of the UN when it was published.[3] Article 3 of the Palermo Protocol states the definition as:[4]
(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;
(d) “Child” shall mean any person under eighteen years of age.
Article 5 of the Palermo Protocol then requires the member states to criminalize trafficking based on the definition outlined in Article 3; however, many member states' domestic laws reflected a narrower definition than Article 3. Although these nations claim to be obliging Article 5, the narrow laws cause them to criminalize a small subset of cases then they truly should be pursuing.[3]
United States
The United States during this same period passed the Trafficking Victims Protection Act of 2000 (TVPA) to clarify the previous confusion and discrepancies in regards to the criminalizing guidelines of human trafficking.[5] Through this act, sex trafficking crimes were defined by where "in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.”[6] If the victim is a child under the age of 18 no force, fraud, or coercion needs to be proven based on this legislation.[5]
See also
- Sexual exploitation
- Human trafficking
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
- Transnational efforts to prevent human trafficking
- Migrant sex work
- Forced prostitution
- Exploitation
- Trafficking of children
- Child laundering
- Prostitution
- People smuggling
External links
References
- ^ a b "U.N.: 2.4 million human trafficking victims". USA Today. USA Today. 4 April 2012. Retrieved 17 March 2015.
- ^ a b Kara, Siddharth (2009). Sex Trafficking: Inside the Business of Modern Slavery. Columbia University Press.
{{cite book}}:|access-date=requires|url=(help) - ^ a b c d Template:Cite Bosworth, M., Dempsey, M. M., & Hoyle, C. (2012). Defining Sex Trafficking in International and Domestic Law: Mind the Gaps. Villanova: Public Law and Legal Theory Working Paper Series
- ^ United Nations (2012). "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime". Retrieved 17 March 2015.
{{cite journal}}: Cite journal requires|journal=(help) - ^ a b Lew, Candace (July 2012). "Sex Trafficking of Domestic Minors in Phoenix, Arizona: A Research Project" (PDF). Retrieved 17 March 2015.
{{cite journal}}: Cite journal requires|journal=(help) - ^ United States Government. "Victims of Trafficking and Violence Protection Act of 2000" (PDF). U.S. Department of State. Retrieved 17 March 2015.