Bibliography of Research-Based Literature on Human Trafficking: 2008-2014 by E. Gozdziak
Trends & issues in crime and criminal justice no. 468
Canberra: Australian Institute of Criminology, February 2014
Foreword | Victim/survivors of human trafficking involving partner migration employ diverse help-seeking strategies, both formal and informal, to exit their exploitative situations. Drawing on primary research conducted by Lyneham and Richards (forthcoming), the authors highlight the importance of educating the community and professionals from a wide range of sectors—including health, mental health, child protection, social welfare, social work, domestic violence, migration, legal and law enforcement services—about human trafficking and the help-seeking strategies of victims/survivors in order to support them to leave exploitative situations.
Enhancing Australia’s knowledge of victim/survivors’ help-seeking strategies will better inform government and community responses to this crime, improve detection and identification of human trafficking matters and subsequent referral to appropriate victim services.
Working Paper 56 focuses on the identification of victims of human trafficking from third countries in the asylum process and in the event of forced return, including general conditions under criminal, asylum and residence act.
The German Penal Code (StGB) addresses various types of human trafficking: for sexual exploitation (Section 232 StGB), for labour exploitation (Section 233 StGB), and for facilitating human trafficking (Section 233a StGB).
The German residence act (Aufenthaltsgesetz –AufenthG) provides for a reflection and stabilisation period of at least three months (Section 59, Subs. 7 AufenthG). Under Section 25, Subs. 4a AufenthG, residence act also allows for residence on humanitarian grounds for the duration of criminal proceedings. Subsidiary protection can also be ensured beyond the duration of criminal proceedings under Section 60, Subs. 2 AufenthG if the foreigner faces a tangible risk of torture or inhumane or degrading treatment or punishment in the country of origin. Furthermore, victims of human trafficking have access to statutory assistance under the Asylum Seekers’ Benefits Act and to compensation under the Victims Compensation Act when certain requirements are met.
The ASEM Action Plan to Combat Trafficking in Persons, Especially Women and Children (2001), stressed the need to encourage research on the demand for the most common forms of exploitation of trafficked women and children, in particular for commercial sex services, and recommended a multi-country study into the
demand side of trafficking as one of its follow-up actions.
In response to this recommendation, the Swedish Ministry of Foreign Affairs, Sida and Save the Children Sweden, commissioned the authors to coordinate a pilot research study on the demand underlying two sectors where the labour/services of trafficked persons are known to be subject to exploitation: prostitution and domestic work. This report sets out some of the findings of the pilot study and ongoing research concerning employer demand for domestic workers in private households, and consumer demand for commercial sexual services in selected European and Asian countries.
The research discussed in this report suggests that three related factors are key to explaining the exploitative conditions experienced by many migrant domestic and sex workers: (a) The unregulated nature of the labour market segments in which they work; (b) the abundant supply of exploitable labour and (c) the power and malleability of social norms regulating the behaviour of employers and clients. The continued expansion of any unregulated market is likely to require and facilitate the exploitation of vulnerable labour. Both paid sex and domestic work are peculiar market segments in the sense that there is both political and social unease regarding those who buy and sell in them as workers or consumers/employers. In both sex and domestic work, the absence of effective regulation is one of the factors that help to create an environment in which it is possible and profitable to use unfree labour.
Alemzadeh, Sheerine, Baring Inequality: Revisiting the Legalization Debate Through the Lens of Strippers’ Rights(February 8, 2013). Michigan Journal of Gender & Law, Vol. 19, p. 339, 2013. Available at SSRN: http://ssrn.com/abstract=2213979
This paper uses the strip club as a fresh site from which to examine the feminist legal debate over the legalization of prostitution. In tracking doctrinal and social trends ofstrip clubs as a long legalized commercial sex industry, I will interrogate the argument that legalization of prostitution will lead to greater regulation, and in turn, increased protection for people in the commercial sex trade.
This paper will demonstrate that in the context of stripping, legalization has failed to yield the type of advances for strippers envisioned by the regulation hypothesis. Because courts and employers treat work in the commercial sex industry as unworthy of protection, labor laws largely exclude stripping from those legal definitions of “employment” providing for labor organizing and wage, hour and anti-discrimination protections. Moreover, local governments deploy regulatory law to eliminate or significantly constrict the presence of strip clubs in their communities. These legal measures, such as zoning ordinances and nudity bans, have only tightened the labor market for strippers, thereby increasing strippers’ vulnerability to employer abuses.
In using strip clubs as a case study, this article cautions advocates for the legalization of prostitution in the feminist legal community against presupposing that legalization ofprostitution will produce regulations that improve working conditions for those involved in the commercial sex trade. Rather, such regulations would have to be preceded by a radical shift in social understandings about the worth of women and the contingencies that lead women to work in the commercial sex industry.