slavery-like conditions and abuse of positions of

American University Journal of Gender, Social Policy & the Law American University Journal of Gender, Social Policy & the Law

Volume 28 Issue 2 Article 2

2020

Slavery-Like Conditions and Abuse of Positions of Vulnerability: Slavery-Like Conditions and Abuse of Positions of Vulnerability:

Why the United States Should Judge Countries' Efforts to Combat Why the United States Should Judge Countries' Efforts to Combat

Human Trafficking Based on the Palermo Protocol and Consider Human Trafficking Based on the Palermo Protocol and Consider

the Effects of Legalized Prostitution on Human Trafficking the Effects of Legalized Prostitution on Human Trafficking

Danica Baird Kirton McConkie, [email protected]

Follow this and additional works at: https://digitalcommons.wcl.american.edu/jgspl

Part of the Human Rights Law Commons, International Humanitarian Law Commons, and the Law and

Gender Commons

Recommended Citation Recommended Citation Baird, Danica (2020) "Slavery-Like Conditions and Abuse of Positions of Vulnerability: Why the United States Should Judge Countries' Efforts to Combat Human Trafficking Based on the Palermo Protocol and Consider the Effects of Legalized Prostitution on Human Trafficking," American University Journal of Gender, Social Policy & the Law: Vol. 28 : Iss. 2 , Article 2. Available at: https://digitalcommons.wcl.american.edu/jgspl/vol28/iss2/2

This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Journal of Gender, Social Policy & the Law by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected].

https://digitalcommons.wcl.american.edu/jgspl

https://digitalcommons.wcl.american.edu/jgspl/vol28

https://digitalcommons.wcl.american.edu/jgspl/vol28/iss2

https://digitalcommons.wcl.american.edu/jgspl/vol28/iss2/2

https://digitalcommons.wcl.american.edu/jgspl?utm_source=digitalcommons.wcl.american.edu%2Fjgspl%2Fvol28%2Fiss2%2F2&utm_medium=PDF&utm_campaign=PDFCoverPages

http://network.bepress.com/hgg/discipline/847?utm_source=digitalcommons.wcl.american.edu%2Fjgspl%2Fvol28%2Fiss2%2F2&utm_medium=PDF&utm_campaign=PDFCoverPages




https://digitalcommons.wcl.american.edu/jgspl/vol28/iss2/2?utm_source=digitalcommons.wcl.american.edu%2Fjgspl%2Fvol28%2Fiss2%2F2&utm_medium=PDF&utm_campaign=PDFCoverPages

mailto:[email protected]

1

Baird: Slavery-Like Conditions and Abuse of Positions of Vulnerability:

Published by Digital Commons @ American University Washington College of Law, 2020

2

American University Journal of Gender, Social Policy & the Law, Vol. 28, Iss. 2 [2020], Art. 2


3



SeeRe-Trafficked Victims: How a Human Rights Approach Can Stop the

Cycle of Re-Victimization of Sex Trafficking Victims,

See Human Trafficking vs. Prostitution,

. See

See, e.g.. Protecting Human-Trafficking Victims from Criminal Liability—A Legislative Approach,

see also “The Second Chance They Deserve”: Vacating Convictions of Sex Trafficking Victims,

See see also

4



. See

. See id

. See supra

. See 7 Things You May Not Know About Human Trafficking, And 3 Ways To Help,

. See

See also United States,

. See

see also

024 Workshop: Quantifying Human Trafficking, Its Impact and the Responses to It,

5



. See

. See see also

. See infra

6



. See

. Does Legalized Prostitution Increase Human Trafficking?

. See et. seq.

. See

. See id.

. See infra

. See

7



A. The Four-Tier Placement System

. See id. see also infrasee infra

. See

. See id.

. See id.

. See

. See

. See id.

. See id. see also

. See supra

8



B. Understanding the Impact of the TIP Reports and the TVPA on State Parties

. See supra. See

supraSeesupra

. See supra

. See supra

Seesupra ,

. See supra

. See supra See

supra

. See Here’s where all that U.S. foreign aid is going and why, in one chart

. See infra

. See The State Department Just Released its Human Trafficking Report. Here’s Why it Matters,

9



. See

. See

. See supra

. See supra

. See supra

. See id.

. See supra

. See supra

. See id.

. See id.

. See supra

10



. See The Modern-Day Slave Trade: How the United States Should Alter the Victims of Trafficking Protection Act in Order to Combat International Sex Trafficking More Effectively,

. See id.

. See id.

. See id.

. See infra

see also infra

. See

. See ,

. See Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings,

11



A. Comparing the Palermo Protocol and TVPA Definitions of Human Trafficking

. See id.; supra

supra

12



1. The TVPA limits several means of trafficking and thus by definition limits what acts constitute trafficking.

act

means purposes

of abuse of power or of a position of vulnerability,

See supraOverview of Human Trafficking and NIIJ’s Role

. See supra see also

. See supra

. Id.

13



2. The TVPA limits what types of trafficking are punishable.

Utah Attorney General Sean Reyes Shares Utah Cases of Human Trafficking

. See supra

. See infra

. See supra

. Seesupra

. See id.Traffick Jam: A Policy Review of the United States’

Trafficking Victims Protection Act of 2000

14



3. Case Studies demonstrating why the United States should judge countries based on compliance with the Palermo Protocol’s definition and not the TVPA’s.

supra. See . See

See Human Trafficking Prosecution Unit

. See supra

15



three p’s

p’s

A. The United States Has Failed to Properly Weigh Protection of Victims of Human Trafficking in Efforts to Combat Human Trafficking

1. The United States has failed to place adequate attention on protecting victims of human trafficking in the TVPA.

. See The Missing “P”: Prosecution, Prevention, Protection, and Partnership in the Trafficking Victims Protection Act,

see also The Council of Europe Convention on Action Against Trafficking in Human Beings,

. See supra see also supra

. See supra seealso supra

. See supraThe Palermo Protocol Takes It All

16



Id.

. See

. See supraSee id.

. See id.

see also The Facts,

. See Forced Labour, Modern Slavery and Human Trafficking

17



2. The United States has also failed to properly weigh countries’ efforts to protect victims when assigning a country’s tier ranking.

See suprasupra

Human Trafficking: State Obligations to Protect Victims’ Rights, the Current Framework and a New Due Diligence Standard,

. Id. supra

. IdSee supra

. Guyana Maintains Tier 1 Status in Human Trafficking Fight Despite Fewer Prosecutions, Convictions,

. See supra

. See supra

18



See id.See supra

. See What is Modern Slavery?see also

Does Legalized Prostitution Increase Human Trafficking?

. See infra

19



Shared but Differentiated Responsibility: Integration of International Obligations in Fight Against Trafficking in Human Beings

See supra

. See Prostitution Is Not Just Another Job,

. See infra

. See id.

. See supra see also

. See infra

20



A. Legalized Prostitution Leads to Conditions that Violate the Palermo Protocol and Thus No Country with Legalized Prostitution Should Receive

a Tier 1 Ranking.

1. Legalizing prostitution violates the Palermo Protocol because it allows pimps and traffickers to abuse positions of power and to exploit people in positions of vulnerability to induce persons into the commercial sex industry.

. See supra

supra

supra. See supra

Asylum for Trafficked Women: Escape Strategies Beyond the T Visa, See also supra

. See id.

21



. See, e.g. supra

. See supra see also Myth v. Fact, ee also

supra supra. See id. supra supra ee also supra

supra. See supra. Id.. Id.. See infra

22



. See supra

. Abuse of a Position of Vulnerability and Other “Means” within the Definition of Trafficking in Persons, https://www.unodc.org/documents/humantrafficking/2012/UNODC_2012_Issue_Paper_-_Abuse_of_a_Position_of_Vulnerability.pdf

. Id.

. Id.

. Id.

. Id.

. See supra ; see also suprasupra

. See supra supra ; see also supra supra

. See , supra

. See also Horror of Women in the Windows,

. See , supra see also supra

23



2. Legalized prostitution exposes individuals to slavery-like conditions because it further perpetuates harms such as assault, rape, physical violence, negative health implications, and death at higher rates than for non-prostituted individuals and because it allows pimps and traffickers to control or possess ownership of other individuals.

. See , supra

Myths and Facts about Trafficking for Legal and Illegal Prostitution

. See supra

24



a. Legalizing prostitution creates exploitative conditions akin to practices of slavery.

supra. See id. . See, e.g., id. . See Analysis of Key Concepts of the Trafficking in Persons Protocol

Ten Reasons for Not Legalizing Prostitution and a Legal Response to the Demand for Prostitution,

supra. See , supra . See id.

, supra supra

25



, supra supra

. See id.

. See id

. See id.

. See supraProstitute Homicides: A Descriptive Study,

. See suprasupra

supra. See , supra . See id.. See supra. See id.

26



b. Legalized prostitution grants ownership over individuals to pimps and traffickers, creating slavery-like conditions.

. See id.

. See supra

. See supraSee supra

. See id. supra see also supra

. See supra

. See id.

. See , supra supra supra

27



B. Countries That Have Legalized Prostitution Should Not Receive a Tier 1 Ranking Because Legalized Prostitution Is Inexorably

Linked with Human Trafficking.

no United States grant funds should be awarded supportlegal state-regulated prostitution

. See , supra

. See id.

. See Amnesty International Publishes Policy and Research on Protection of Sex Workers’ Rights https://www.amnesty.org /en/latest/news/2016/05/amnesty-international-publishes-policy-and-research-on-protection-of-sex-workers-rights/

. See, e.g., supra

. See infra

. See infra

28



1. Legalizing prostitution is a failed model that has not eradicated trafficking and is less effective than partial decriminalization.

. See infra

. See , supra

. See suprasupra

. See Prostitution,

. See , supra

. See id

. See id.

. See id.

. See supra

. See supra supra

29



. See supra Does Legalized Prostitution Increase Human Trafficking,

. See supra

. See id. Criminalizing the Customers: Prostitution Ban Huge Success in Sweden

. See supra

. See id.

. See id.

. supraSee

supra. See supra

supra

30



2. Legalizing prostitution does not result in increased regulation of the commercial sex trade. Rather, it increases trafficking, especially child trafficking.

illegal

suprasee

supra. See supra. See id.. See id.. See id.

suprasupra

. See idsupra

. Id

31



. Id.

. Id.

. Id.

. Id.

. Id. see Abuse, Misery and Criminality Behind the Legal Sex Trade,

See supra see also supra

supra, supra

32



increased by more than 300 percent

3. Legalizing the commercial sex industry increases trafficking in part because it lends a sense of legitimacy to traffickers and creates a legal safe haven that makes it harder for law enforcement to regulate.

suprasupra

supra. Id.. See supra

. See supra

supra, supra

. See supra supra

. Id., supra

33



supra. Id. supra

supra. See supra

see

. See supra

. See et seq.

34



no United States grant funds should be awardedsupport legal state-regulated prostitution

. See supraSee , supra

. See supra

. See id.

. See id.

. See supra

35



, supra Seesupra

supra

36



slavery-like conditions and abuse of positions of

Documents