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Sexual Trafficking: An Overview of the Practice and its Intersections with Public Health and Law. Rita-Marie A. Brady August 5, 2005 ORISE Fellow – CDC Public Health Law Program JD/MPH Candidate Emory University
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Rita-Marie A. Brady
August 5, 2005
ORISE Fellow – CDC Public Health Law Program
JD/MPH Candidate Emory University
“This research was supported in part by an appointment to the Research Participation Program at the Centers for Disease Control and Prevention administered by the Oak Ridge Institute for Science and Education through an interagency agreement between the U.S. Department of Energy and CDC”
"The findings and conclusions in this presentation have not been formally disseminated by the Centers for Disease Control and Prevention and should not be construed to represent any agency determination or policy.”
United Nations (UN):
“Trafficking in persons shall mean the recruitment, transportation, transfer, harboring 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….”
Source: Article 3(a) UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Organized Crime, 2000
“Severe forms of trafficking in persons means –
The recruitment, harboring, transportation, provision, or obtaining of a person for labors or services, through the use of force, fraud or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.”
Source: Victims of Violence and Trafficking Protection Act 2000 22 USC 7102 §103(8)(B)
International Organization for Migration (IOM):
“Trafficking occurs when a migrant is illicitly recruited and/or moved by means of deception or coercion for the purpose of economically or otherwise exploiting the migrant, under conditions that violate their fundamental human rights.”
(Gushlak & McPherson, 2000)
Trafficked Women Defining Trafficking
“I know what it means, it just happened to me. I was being sold as though I was cattle. I was being captured and stripped of all my dignity and self-control”
“I remember my story. Police are combating it, but not very successfully.”
Global Trafficking in Women and Girls: Major Source Regions and Destinations (1999)
1. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2. Protocol Against the Smuggling of Migrants by Land, Sea, and Air
UN estimates on trafficking in 2000:
Source: U.S. Department of State Trafficking in Persons Report June 2005
Health Implications of Trafficking:
Human Rights and Trafficking
Recommended Principles and Guidelines on Human Rights and Human Trafficking
“The human rights of trafficked persons shall be at the center of all efforts to prevent and combat trafficking and to protect, assist, and provide redress to victims”
Source: (2002 Report of the UN High Commissioner for Human Rights to the UN Economic and Social Council)
Trafficking Victims Reauthorization Act of 2003
- The act defines severe form of trafficking in persons as “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age”
- Sex Trafficking is defined as “the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act”
Women’s Health Concerns as a result of sex trafficking:
- bodily injury and disability
- stress and psychological trauma
- STD’s, infectious disease, and non-infectious disease
- miscarriage, abortion, infertility, and unwanted
(Source: Committee on Women, Population, and the Environment)
Human Rights Arguments:
(In addition to HCHR 2002 Recommended Principles and Guidelines on Human Rights and Human Trafficking )
International Covenant on Civil and Political Rights (ICCPR)
- Article 21 extends rights to all individuals within a territory
- Article 8 prohibits slavery
- Article 9 guarantees liberty and security of persons
Convention on the Elimination of all forms of Discrimination Against Women
-Article 6 obligates state parties to suppress trafficking and prostitution
(Source: vonStrensee, 2000)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 2000 = framework
- supplement to the UN Convention Against Transnational and Organized Crime
- fosters a global response and an international definition
- protects all victims and notes that consent is irrelevant
- victims do not bear the burden of proof
- key element = exploitation not movement across borders
- encourages countries to strengthen legislative policies
(Sources: UN & US Dept of State)
Defendant Outcome: Sixteen men indicted in Florida charges ranged from involuntary servitude, visa fraud, conspiracy, and civil rights violations sentences varied from two-six years and one ringleader was sentenced to fifteen years in prison
Victim Outcome: Living in Florida, either on their own or in shelters, trafficking ring was ordered to pay $1million, some of the money was received by victims using seized assets
Defendant Outcome: Pled guilty to conspiracy to violate the 13th Amendment, involuntary servitude, extortion, transportation for illegal sexual purposes
Victim Outcome: Currently living in Guam, Dept of Justice assisted them in procuring jobs
Defendant Outcome: Eighteen defendants indicated on charges of kidnapping, alien smuggling and “white slavery,” twelve prosecuted, two were extradited from Thailand, the remainder are currently in Thailand, sentences ranged from four to nine years
Victim Outcome: Unknown
Defendant Outcome: Seven Defendants convictions on alien smuggling, involuntary servitude, civil rights violations with sentences ranging from 7 months to 7 years
Victim Outcome: $4.5 million in restitution for all victims
Source: King, G. (2004). Woman, Child For Sale.
Source: Stop Violence Against Women (2005) and The Protection Project (2005)
Example: Ukraine’s increased criminalization
- A Ukrainian woman who was trafficked, beaten, raped, and used in the sex industry in Israel. After a police raid, she was put in prison awaiting deportation.
Gushlak, B., McPherson, D. Health issues associated with the smuggling and trafficking of
migrants. Journal of Immigrant Health. 2000; 2 (2): 67- 78.
Hughes, D. The “Natasha” trade: the transnational shadow market of trafficking in women. Journal of International Affairs. 2005; 53 (2):625-651.
International Labor Organization (ILO). Trafficking in human beings: new approaches in combating the problem, 2003. PDF available at: http://www.eldis.org/static/DOC14234.htm
International Organization for Migration (IOM). Data and research on human trafficking: A global survey. (2005). PDF available at: http://www.iom.int//DOCUMENTS/PUBLICATION/EN/Data_and_Research_on_Human_Trafficking.pdf
King, G. Woman, child for sale: the new slave trade in the 21st Century. (2004). New York: Chamberlain Brothers.
Protocol to Prevent, Suppress and Punish Trafficking in Persons,Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. res. 55/25, annex II, 55 UN GAOR Supp. (No. 49) at 60, UN Doc. A/45/49 (Vol. I) (2001).
Trafficking Victims Protection Reauthorization Act of 2003, H.R. 2620, 108th Cong, 1st Sess. (2003).
Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386 114 Stat.
1464 (October 28, 2000).
USAID: Office of Women in Development. Women as chattel: the emerging global market
in trafficking. Gender Matters Quarterly. 1999;1: 1-7. Available from: www.usaid.gov/wid/pubs/q1.htm (April 13, 2004).
US Dept of Justice Model Anti-Trafficking Statute: http://www.usdoj.gov/crt/crim/model_state_law.pdf
US Dept of State. Trafficking in Persons Report. Washington DC:USDS; 2005, June. PDF available at http://www.state.gov/g/tip/rls/tiprpt/2005/
United Nations Office on Drugs and Crime. Trafficking in Human Beings. 2005. www.unodc.org/undoc/trafficking_human_beings.html
Stop Violence Against Women http://www.stopvaw.org/Resources_on_Domestic_Legislation.html
The Protection Project http://www.protectionproject.org/