A labor paradigm for human trafficking

UCLA Law Review

Volumn 60, Issue 1, 2012, Pages 76-136

  Shamir, Hila ^a  

^a TEL AVIV UNIVERSITY   (Israel)

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EID: 84872507570     PISSN: 00415650     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (203)

1. UNITED NATIONS OFFICE ON DRUGS & CRIME, GLOBAL REPORT ON TRAFFICKING IN PERSONS 6 (2009) [hereinafter UNODC GLOBAL REPORT] (explaining that after a period of indifference, the world is increasingly mobilizing to combat trafficking).
2. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, opened for signature Dec. 12, 2000, S. TREATY DOC. NO. 108-16, 2237 U. N. T. S. 319 (entered into force Dec. 25, 2003) [hereinafter Trafficking Protocol].
3. Pub. L. No. 106-386, div. A, 114 Stat. 1466
4. (codified as amended in scattered sections of 18 U. S. C.
5. & 22 U. S. C.)
6. amended by Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193, 117 Stat. 2875
7. (codified at 18 U. S. C. § 1595
8. & 22 U. S. C. § 7109 (a) (2006))
9. Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. No. 109-164, 119 Stat. 3558 (2006)
10. (codified in scattered sections of 18 U. S. C
11. U. S. C.
12. & 42 U. S. C)
13. and William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. No. 110-457, 122 Stat. 5044
14. (codified in scattered sections of 8 U. S. C
15. 18 U. S. C.
16. & 22 U. S. C).
17. Janie Chuang, The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking, 27 MICH. J. INT'L L. 437, 439 (2006) (describing the TVPA as "one of the most comprehensive pieces of domestic anti-trafficking legislation in the world").
18. See Anne T. Gallagher, Human Rights and Human Trafficking Quagmire or Firm Ground? A Response to James Hathaway, 49 VA. J. INTL L. 789, 791 (2009) (This framework is truly remarkable-not just in the speed of its development, but also in its uniformity and relatively high level of consistency with international standards.");
19. Rhacel Salazar Parrenas, Trafficked? Filipino Hostesses in Tokyo's Nightlife Industry, 18 YALE J. L. & FEMINISM 145, 169-77 (2006) (analyzing the downside of this uniformity and criticizing the "one size fits all" approach).
20. UNODC GLOBAL REPORT, sufra note 1, at 22 (reporting that out of the 155 countries surveyed, 63 percent had passed laws addressing trafficking in persons, while an additional 17 percent had passed laws covering only certain elements of trafficking).
21. E.g., Grace Chang & Kathleen Kim, Reconceptualizing Approaches to Human Trafficking: New Directions and Perspectives from the Field(s), 3 STAN. J. C. R. & C. L. 317, 320-21 (2007) (suggesting tliat enforcement agencies focus on sex trafficking and neglect the broader trafficking phenomenon);
22. Janie A. Chuang, Rescuing Trafficking From Ideological Capture: Prostitution Reform and Antitrafficking Law and Policy, 158 U. PA. L. REV. 1655, 1657 (2010) (describing the domination of sexsector trafficking and prostitution on trafficking policies and debates).
23. See, e.g., Joan Fitzpatrick, Trafficking as a Human Rights Violation: Tie Complex Intersection of Legal Frameworks for Conceptualizing and Combating Trafficking, 24 MICH. J. INTX L. 1143, 1144-46 (2003) (arguing that trafficking should be understood first and foremost as a violation of human rights);
24. Anne Gallagher, Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis, 23 HUM. RTS. Q. 975, 994 (2001) (describing the border control focus of the protocol and the "far from ideal" protection of human rights it offers).
25. and Dina Francesca Haynes, (Not) Found Chained to a Bed in a Brothel Conceptual, Legal, and Procedural Failures to Fulfill the Promise of the Trafficking Victims Protection Act, 21 GEO. IMMIGR. L. J. 337, 340 (2007) (arguing that practical and political problems as well as political and theoretical concerns impede die United States from protecting victims of human trafficking).
26. see, e.g., Trafficking Statistics Project, UNESCO, www.unescobkk.org/ adture/cultural-diversity/trafficldng-and-Wvaids-project/projects/ trafficking-statistics-project (last visited Sept. 23, 2012)
27. The figure most commordy quoted to estimate the numbers of trafficked persons is the International Labour Organization's (ILO) 2005 estimate that diere are approximately 2.4 million victims of human trafficking around the world. INTL LABOUR ORG., A GLOBAL ALLIANCE AGAINST FORCED LABOR: GLOBAL REPORT UNDER THE FOLLOW-UP TO THE ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK 10, 14 (2005) [hereinafter ILO GLOBAL REPORT 2005];
28. INT'L LABOUR ORG., ILO ACTION AGAINST TRAFFICKING IN HUMAN BEINGS 3 (2008) [hereinafter ILO ACTION] ("Out of 12.3 million forced labour victims worldwide, around 2.4 million were trafficked. The figures present a conservative estimate of actual victims at any given point in time, estimated over a period often years.").
29. See INT'L LABOUR ORG., GLOBAL ESTIMATES OF FORCED LABOR: RESULTS AND METHODOLOGY 13 (2012) [hereinafter ILO GLOBAL ESTIMATES 2012] ("Human trafficking can also be regarded as forced labour, and so this estimate captures the full realm of human trafficking for labour and sexual exploitation-").
30. U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 44 (2012) [hereinafter TIP Report 2012] (detailing the numbers of identifications, prosecutions, and convictions around die world).
31. see Jennifer M. Chacón, Misery and Myopia: Understanding the Failures of U. S. Efforts to Stop Human Trafficking, 74 FORDHAM L. REV. 2977, 3010-12 (2006) (explaining the criteria for T visa eligibility and the protections offered by the visa), and the broad EU drive to increase awareness and knowledge of sex trafficking
32. see Council of Europe Convention on Action Against Trafficking in Human Beings, May 16, 2005, C. E. T. S. No. 197 (detailing the Council of Europe's commitment to combating trafficking).
33. International Agreement for the Suppression of the White Slave Traffic, May 18, 1904, 35 Stat. 1979
34. 1 L. N. T. S. 83.
35. Later international instruments dealing with trafficking include the following: International Convention for the Suppression of the White Slave Traffic, May 4, 1910, 98 U. N. T. S. 101;
36. International Convention for the Suppression of the Traffic in Women and Children, Sept. 30, 1921, 53 U. N. T. S. 39;
37. International Convention for the Suppression of the Traffic in Women of Full Age, Oct. 11, 1933, 150 L. N. T. S. 431;
38. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Dec. 2, 1949, opened for signature Mar. 21, 1950, 96 U. N. T. S. 271.
39. E.g., Jo Doezema, Loose Women or Lost Women? The Re-emergence of the Myth of White Slavery in Contemporary Discourses of Trafficking in Women, 18 GENDER ISSUES 23, 25-30, 47 n. 2 (2000) (explaining the cultural myth of white slavery);
40. Mary Ann Irwin, "White Slavery" as Metaphor: Anatomy rfa Moral Panic, 5 EX POST FACTO 1(1996), available at http://userwww.sfsu.edu/~epf/ joumal-archive/volume-V-1996Arwin-m.pdf (detailing the history of the white slave trade and its moral framework).
41. see also ANNET. GALLAGHER, THE INTERNATIONAL LAW OF HUMAN TRAFFICKING 12-25 (2010) (describing the history of the definition).
42. See Beate Andrees & Mariska N. J. Van Der Linden, Designing Trafficking Research From a Labour Market Perspective: The ILO Experience, in DATA AND RESEARCH ON HUMAN TRAFFICKING: A GLOBAL SURVEY 55, 58 (Frank Laczko & Elzbieta Gozdziak eds., 2005) (explaining that there is no standard definition of exploitation in international law).
43. GALLAGHER, supra note 16, at 49 (arguing that among activists and scholars in this field there is wide acceptance of some kind of seriousness threshold beyond which "the lines remain blurred").
44. See Dovelyn Rannveig Agunias, Guiding tie Invisible Hand: Making Migration Intermediaries Work for Development 2, 22-23 (United Nations Dev. Programme, Human Dev. Research Paper 2009/22, 2009).
45. Indentured servitude was denned by legal historian Christopher Tomlins as "a contract committing one party to make a series of payments to or on behalf of the other-setdement of transport debt, subsistence over the (negotiable) contractual term, and final payment in kind or, less usually, cash at the conclusion of the term. In exchange the payee agrees to be completely at the disposal of the payor, or the payor's assigns, for performance of work, for the term agreed." Christopher Tomlins, Reconsidering Indentured Servitude: European Migration and the Early American Labor Force, 1600-1775, 42 LAB. HIST. 5, 6-7 (2001).
46. INT'L LABOUR ORG., THE COST OF COERCION: GLOBAL REPORT UNDER THE FOLLOW-UP TO THE ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK 13 (2009) [hereinafter ILO GLOBAL REPORT 2009] (describing the Delphi indicators of human trafficking, according to which trafficking can occur without severe forms of physical abuse).
47. Kathy Richards, The Trafficking of Migrant Workers: What Are the Links Between Labour Trafficking and Corruption?, 42 INT L MIGRATION 147, 154 (2004) (suggesting that many trafficked workers embark on their journey voluntarily in search of paid work).
48. BANGL. THEMATIC GROUP ON TRAFFICKING, REVISITING THE HUMAN TRAFFICKING PARADIGM: THE BANGLADESH EXPERIENCE, PART I: TRAFFICKING OF ADULTS 23-27 (intl Org. for Migration 2004) [hereinafter REVISITING THE PARADIGM], available at http://www.iom.org.bd/publications/16.pdf (noting various factors that constitute the harm caused by trafficking).
49. See ILO GLOBAL REPORT 2009, supra note 25, at 13 ("While a small number of strong indicators are considered sufficient to identify a likely situation of human trafficking, an accumulation of larger numbers of the weak indicators can lead to the same result.").
50. Additional sectors prone to trafficking are fisheries, manufacturing, service, in-home healthcare provision, and begging. See UNODC GLOBAL REPORT, supra note 1, at 73-74 (listing forced prostitution, as well as work in certain labor-intensive sectors, such as the agricultural, manufacturing, or service sectors, begging, and domestic work, as prone to trafficking).
51. HOUSE OF COMMONS HOME AFFAIRS COMM., THE TRADE IN HUMAN BEINGS: HUMAN TRAFFICKING IN THE UK, 2008-09, H. C. 23-1, at 16-17, 26-27 (U. K.) (discussing the exploitation of domestic workers in the United Kingdom and trafficking within this sector).
52. See U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 9, 28 (2010) [hereinafter TIP REPORT 2010].
53. See U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 13 (2011) [hereinafter TIP REPORT 2011];
54. INT'L ORG. OF MIGRATION, Street Boys Returning Back to Society Through "Springboard", GLOBAL EYE ON HUM. TRAFFICKING, Dec. 2010, at 3 (discussing anti-trafficking programs involving child beggars in Senegal).
55. Slavery in Mauritania, ANTI-SLAVERY Int'l, http://wvw.antisbvery.0rg/ english/v/hat-we-d0/antislavery-interrmtiond-today/awaurd/2009-award-winner/ skvery-in-mauritania.aspx (last visited Sept. 24, 2012) (estimating that 18 percent of Mauritania's population lives in slavery today and discussing its "slave caste" and the origins of this inherited status).
56. Press Release, U. S. Equal Emp't Opportunity Comm'n, EEOC Files its Largest Farm Worker Human Trafficking Suit Against Global Horizons, Farms (Apr. 20, 2011), http://www.eeoc.gov/eeoc/newsroom/release/4-20-11b.cfm.
57. TIP REPORT 2011, supra note 32, at 8 (describing the Human Rights Watch report on the abuse suffered by Asian migrant workers in Bahrain).
58. VERONIKA BILGER ET AL., INT'L CTR. FOR MIGRATION POLICY DEV., STUDY ON THE ASSESSMENT OF THE EXTENT OF DIFFERENT TYPES OF TRAFFICKING IN HUMAN BEINGS IN EU COUNTRIES 145-53 (2010) (describing cases of trafficking in France and anti-trafficking measures taken there).
59. Cambodia-Thailand: Men Trafficked Into "Slavery" at Sea, HUMANITARIAN NEWS & ANALYSIS (Aug. 29, 2011), http://www.irinnews.org/ report.aspx?ReportId=93606 (suggesting that mousands of Cambodian men work in exploitative working conditions on long-haul trawlers).
60. See REVISITING THE PARADIGM, supra note 27, at 12 (arguing that the weakness of the present human trafficking paradigm is its disproportionate emphasis on sex trafficking);
61. UNODC GLOBAL REPORT, supra note 1, at 51 (discussing the reasons for the international focus on sex trafficking and the low level of detection of labor trafficking).
62. See Dimitri Vlassis, The Global Situation of Transnational Organized Crime, the Decision of the International Community to Develop an International Convention and the Negotiation Process, in UNAFEI, ANNUAL REPORT FOR 2000 AND RESOURCE MATERIAL SERIES No. 59, at 475, 492 (2002) (describing the negotiations in the years prior to the Convention against Transnational Organized Crime and the protocol and the positions taken by various countries during negotiations). 40. For descriptions of this dispute between the two main feminist blocs in the Vienna process and their different positions
63. and Melissa Ditmore & Marjan Wijers, The Negotiations on the UN Protocol on Trafficking in Persons, NEMESIS, July/Aug. 2003, at 79, 79-80.
64. Paulette Lloyd et al., The Global Diffusion of Law: Transnational Crime and the Case of Human Trafficking 7-8 (Feb. 9, 2012) (unpublished manuscript), available at http://www.yale.edu/leitner/resources/papers/LloydSimmonsStewart. pdf (creating a model that explains the reasons for the broad criminalization of human trafficking in national law).
65. James C. Hathaway, The Human Rights Quagmire of "Human Trafficking", 49 VA. J. Int'l L. 1, 26 (2008) (arguing that the anti-trafficking campaign has served as justification for countries to pursue border control measures under the guise of promoting human rights). Anne Gallagher's response to this, however, argues that it was not the Trafficking Protocol but rather the structure and orientation of national migration regimes that led to the strengthening of border control.
66. See UNODC GLOBAL REPORT, supra note 1, at 22 (stating that 125 countries of the 155 surveyed had criminalized trafficking).
67. See Chantal Thomas, Convergences and Divergences in International Legal Norms on Migrant Labor, 32 COMP. LAB. L. & POLVJ. 405, 437 (2011) (explaining that in the Trafficking Protocol, "state control and security are paramount, with individual rights operating as the limiting factor").
68. During the negotiations, members of the Human Rights caucus included a labor dimension in their recommendations. See, e.g., NGO CONSULTATION WITH UN/IGOS ON TRAFFICKING IN PERSONS, PROSTTTUTIONANDTHEGLOBAL SEX INDUSTRY, TRAFFICKING AND THE GLOBAL SEX INDUSTRY: NEED FOR A HUMAN RIGHTS FRAMEWORK 11, 30-38 (1999) (calling for the recognition of sex work as labor and of women's work in the informal sector and for humane working conditions for all).
69. TVPA, Pub. L. No. 106-386, div. A, 114 Stat. 1466.
70. 22 U. S. C. §§ 7102(8), 7106, 7107 (d) (1) (A) (i) (2006).
71. See TIP REPORT 2011, supra note 32, at 15 (describing how the TVPA increased governmental understanding of the tools required to stop human trafficking, increased the rise of the criminalization of trafficking, and increased public awareness and commitment to the 3Ps paradigm);
72. see also Anne T. Gallagher, Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports, 12 HUM. RTS. REV. 381, 387-90 (2011) (discussing the difficulty of evaluating the impact of the TIP report);
73. Janet Halley et al, From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism, 29 HARV. J. L. & GENDER 335, 362-65, 370 (2006) (discussing the impact of the TVPA and the TIP reports in Israel and India).
74. See Elizabeth Bernstein, Militarized Humanitarianism Meets Carceral Feminism: The Politics of Sex, Rights, and Freedom in Contemporary Anti-trafficking Campaigns, 36 SIGNS 45, 46-47 (2010) (describing this coalition and its influence on U. S. national and international policy).
75. See U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 6 (2006) (explaining that the report focuses on "[s]lave [l]abor and [sjexual [s]lavery").
76. TIPREPORT 2011, supranott 32, at 22, 42.
77. See UNODC GLOBAL REPORT, supra note 1, at 11 (suggesting that it is likely that labor exploitation and male victims are underdetected).
78. See UNODC GLOBAL REPORT, supra note 1, at 6, 11.
79. See LAURA MARIA AGUSTIN, SEX ATTHE MARGINS: MIGRATION, LABOUR MARKETS, AND THE RESCUE INDUSTRY 39 (2007) (arguing that in the trafficking discourse "men are routinely expected to encounter and overcome trouble, but women may be irreparably damaged by it");
80. Mike Dottridge, Introduction, in COLLATERAL DAMAGE: THE IMPACT OF ANTI-TRAFFICKING MEASURES ON HUMAN RIGHTS AROUND THE WORLD 17 (Mike Dottridge, Global Alliance Against Traffic in Women ed., 2007) (arguing that trafficking is closely related to gender and that countries overlook the possibility that men may be trafficked);
81. Therese Blanchet, Beyond Boundaries: A Critical Look at Women Labour Migration and the Trafficking Within 4-6 (Paper Submitted to USAID, 2002), available at http://walnet.org/csis/papers/BEYOND. DOC (explaining that a common assumption that trafficking is associated with a kind of vulnerability inherent in women corresponds to invulnerability in men).
82. ILO GLOBAL REPORT 2005, supra note 11, at 14 (stating that the minimum number of trafficked persons is 2.4 million, which is 20 percent of all forced labor).
83. TIP REPORT 2012, supra note 11, at 45;
84. see also U. S. AGENCY FOR INT'L DEV., THE REHABILITATION OF VICTIMS OF TRAFFICKING IN GROUP RESIDENTIAL FACILITIES IN FOREIGN COUNTRIES: A STUDY CONDUCTED PURSUANT TO THE TRAFFICKING VICTIM PROTECTION REAUTHORIZATION ACT, 2005, at 6-7 (2007) [hereinafter USAID], available at http://pdf.usaid.gov/pdf- docs/PNADK471.pdf (presenting the low numbers of trafficked persons served by victim shelters in various countries).
85. See Kevin Kolben, Labor Rights as Human Rights?, 50 VA. J. INTL' L. 449, 450, 474-84 (2010) (describing the similarities and differences between the movements).
86. see also Lance Compa, Trade Unions and Human Rights, in 2 BRINGING HUMAN RIGHTS HOME: FROM CIVIL RIGHTS TO HUMAN RIGHTS 209, 209-10 (Cynthia Soohoo et al. eds., 2008) (discussing the divergent goals and strategies of human rights and labor rights advocates).
87. Harry Arthurs, Labour Law After Labour, in THE IDEA OF LABOUR LAW 13, 13-22 (Guy Davidov & Brian Langille eds., 2011) (discussing the ideas diat animate labor and labor law).
88. Lance Compa, Legal Protection of Workers' Human Rights: Regulatory Changes and Challenges: The United States, in HUMAN RIGHTS AT WORK: PERSPECTIVES ON LAW AND REGULATION 293, 325 (Colin Fenwick & Tonia Novitz eds., 2010) (describing the position of those skeptical about the potential of human rights to strengthen labor).
89. G A Res. 217 (III) A, art. 23, UN. Doc. A/RES/217 (III) (Dec. 10, 1948).
90. See James A. Gross, A Long Overdue Beginning: The Promotion and Protection of Workers' Rights as Human Rights, in WORKERS' RIGHTS AS HUMAN RIGHTS 1, 3-4 (James A. Gross ed., 2003) (explaining that traditionally human rights advocates paid little attention to workers' rights).
91. Virginia A. Leary, The Paradox of Workers' Rights as Human Rights, in HUMAN RIGHTS, LABOR RIGHTS, AND INTERNATIONAL TRADE 22, 22 (Lance A. Compa & Stephen F. Diamond eds., 1996) (noting that the movements operate on parallel tracks).
92. Kenneth Roth, Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization, 26 HUM. RTS. Q. 63, 63-65 (2004) (discussing the increased attention to social and economic rights by human rights organization).
93. See, e.g., MAKAU MUTUA, HUMAN RIGHTS: A POLITICAL AND CULTURAL CRITIQUE (2002) (discussing the relationship between the human rights movement and the West and calling for a new theory of internationalism and human rights that will respond to the inequities of the international order).
94. See, e.g., Irfan Ul Haque, Globalization, Neoliberalism and Labour 2-2, 8 (U. N. Conference on Trade & Dev., Discussion Papers, No. 173, 2004), available at http://www.unrtad.org/en/docs/osgdp 20047-en.pdf (characterizing the neoliberal agenda as advocating for free markets, deregulation, privatization, minimized state roles, and labor market flexibility, and as viewing trade unions as a source of market rigidity).
95. See, e.g., Nari Rhee & Carol Zabin, Aggregating Dispersed Workers: Union Organizing in the "Care" Industries, 40 GEOFORUM 969, 971-72 (2009) (arguing that in the United States, declining union density made trade unions seek new organizing strategies suited to the changing labor market).
96. INT'L LABOUR ORG., ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK (1998), available at http://www.ilocarib.org.tt/projects/cariblex/pdfs/ ILO-Declaration-Workpdf.
97. Guy Mundlak, The Transformative Weakness of Core Labor Rights in Changing Welfare Regimes, in THE WELFARE STATE, GLOBALIZATION, AND INTERNATIONAL LAW 231, 232-33 (Eyal Benvenisti & Georg Nolte eds., 2004) (arguing that the relatively ambiguous scope and contents of the core labor rights are insufficient to deal with processes of globalization and transnational, flexible production and that more clearly defined standards are required).
98. Tonia Novitz & Colin Fenwick, The Application of Human Rights Discourse to Labour Relations: Translation of Theory Into Practice, in HUMAN RIGHTS AT WORK, supra note 75, at 1, 37 (explaining the limitations of protecting workers' rights as human rights in the current ideological climate).
99. See Philip Alston & James Heenan, Shrinking the International Labor Code: An Unintended Consequence of the 1998 ILO Declaration on Fundamental Principles and Rightsat Work?, 36 N. Y. U. J. INT'LL. & POL. 221 (2004) (derailing the dangers and costs of the core-labor standards approach to labor rights).
100. GALLAGHER, supra note 16, at 284 ("[Ejfibrts to encourage States to include a provision on this issue were not accepted. However, developments since the adoption of the Protocol indicate that States are moving toward a rejection of status-related criminalization and prosecution. ").
101. I reviewed the following reports and documents from the European Union, India, Africa, Eurasia, and the United States to extract the dominant best practices of NGOs and others committed to the protection of victims' human rights: Comm'n of the European Cmtys., Evaluation and Monitoring of the Implementation of the EU Plan on Best Practices, Standards and Procedures for Combating and Preventing Traffickingln Human Beings, CEC Doc. COM (2008) 657 final (2008) [hereinafter EC Evaluation 2008];
102. Comm'n of the European Cmtys., Fighting Trafficking in Human Beings-An Integrated Approach and Proposals for an Action Plan, CEC Doc. COM (2005) 514 final (2005);
103. CLAUDIA ARADAU, DANISH RED CROSS, GOOD PRACTICES IN RESPONSE TO TRAFFICKING IN HUMAN BEINGS: COOPERATION BETWEEN CIVIL SOCIETY AND LAW ENFORCEMENT IN EUROPE (2005);
104. ARTI BADAMI ET AL., BENTLEY UNIV. SERV.-LEARNING CTR. & UNIV. HONORS PROGRAM, ASSESSMENT OF POLICIES AND PROGRAMS TO COMBAT HUMAN TRAFFICKING: A REPORT PREPARED FOR THE MASSACHUSETTS GOVERNOR'S COUNCIL TO ADDRESS DOMESTIC VIOLENCE AND SEXUAL ASSAULT (2011);
105. THANH-DAM TRUONG & MARIA BELEN ANGELES, SEARCHING FOR BEST PRACTICES TO COUNTER HUMAN TRAFFICKING IN AFRICA: A FOCUS ON WOMEN AND CHILDREN 42-59 (2005);
106. UNITED NATIONS OFFICE ON DRUGS & CRIME & GOV'T OF INDIA, COMPENDIUM OF BEST PRACTICES ON ANTI HUMAN TRAFFICKING BY NON GOVERNMENTAL ORGANIZATIONS (2008) [hereinafter INDIA BEST PRACTICES];
107. STEPHEN WARNATH, NEXUS INST., BEST PRACTICES IN TRAFFICKING PREVENTION IN EUROPE & EURASIA (2009).
108. For a similar focus on the human rights, rescue, and rehabilitation of individual victims, see the antitrafficking frameworks introduced by the UNODC in recent years. UNITED NATIONS OFFICE ON DRUGS & CRIME, INTERNATIONAL FRAMEWORK FOR ACTION TO IMPLEMENT THE TRAFFICKING IN PERSONS PROTOCOL (2009), available at http://ww.unodc.org/documents/human-tiamcking/Framework-for-Action- TIP.pdf
109. UNITED NATIONS OFFICE ON DRUGS & CRIME, TOOLKIT TO COMBAT TRAFFICKING IN PERSONS (2008) [hereinafter UNODC TOOLKIT], available at http://www.uncdc.org/doaiments/human-trafficking/roolkit-files/07893 75-Ebook[l].pdf.
110. See TIP REPORT 2011, supra note 32, at 17, 44-45 (stating that the last decade was characterized by building the framework and passing laws that focused largely on the criminalization of human trafficking and the creation of victim assistance mechanisms and discussing the value of partnering with NGOs). For a critique of the rescue model
111. see Aziza Ahmed & Meena Seshu, "We Have the Right Notto Be 'Rescued... ": When Anti-trafficking Programmes Undermine The Health and' Well-Being of Sex Workers, ANTI-TRAFFICKING REV., June 2012, at 149, 153-56.
112. See UNODC GLOBAL REPORT, supra note 1, at 78-292 (detailing the services provided to victims in the 155 reporting countries);
113. see also Seo-Young Cho et al, The Spread of Anti-trafficking Policies-Evidence From a New Index 8, 33 (Ludwig-Maximilians Univ. Ctr. for Econ. Studies & Ifo Inst, for Econ. Research, Working Paper No. 3376, 2011) (detailing the types of victim protections and suggesting a measure that demonstrates countries' increasingly strong efforts to protect victims of trafficking).
114. Jyoti Sanghera, Preface: Lessons From the Poetry of Departures, in COLLATERAL DAMAGE, supra note 66, at vii (arguing that anti-trafficking efforts, even if well meaning and at times well doing, often end up harming trafficked persons).
115. GALLAGHER, supra note 16, at 284 ("[D]evelopments since the adoption of the Protocol indicate that States are moving toward a rejection of status-related criminalization and prosecution. ").
116. See Anne Gallagher & Elaine Pearson, The High Cost of Freedom: A Legal and Policy Analysis of Shelter Detention for Victims of Trafficking, 32 HUM. RTS. Q. 73, 73 (2010) (stating that it is common practice around the world to place victims of trafficking in shelters).
117. See GALLAGHER, supra note 16, at 284 (discussing status);
118. See, e.g., 22 U. S. C. § 7105 (b) - (c) (2006);
119. 8 U. S. C. § 1184 (pHq). In the United States, a victim who received a T visa can, after several years, begin a process of naturalization and bring her family into the country as well. Between 2002 and 2009, only 1591T visas were granted.
120. ATTORNEY GENERAL'S ANNUAL REPORT TO CONGRESS AND ASSESSMENT OF U. S. GOVERNMENT ACNVRNES TO COMBAT TRAFFICKING IN PERSONS, FISCAL YEAR 2009, at 37-38 (2010).
121. For a discussion oflife with a T visa in the United States, see Denise Brennan, Key Issues in the Resettlement of Formerly Trafficked Persons in the United States, 158 U. PA. L. REV. 1581 (2010).
122. see DAVID WEISSBRODT, THE HUMAN RIGHTS OF NON-CITIZENS 110-53, 182-206, 218-40 (2008).
123. Cf. Kamala Kempadoo, Introduction: From Moral Panic to Global Justice: Changing Perspectives on Trafficking, in TRAFFICKING AND PROSn TUTION RECONSIDERED: NEW PERSPECTIVES ON MIGRATION, SEX WORK, AND HUMAN RIGHTS, at vii, xvi (Kamala Kempadoo et al eds, 2005) ("Because the global governance paradigm on trafficking does not address the root causes for the undocumented movement and employment of people around the world, it also fails to significandy reduce 'trafficking.'").
124. Cf. David Kennedy, The International Human Rights Movement: Part of the Problem?, 15 HARV. HUM. RTS. J. 101, 118 (2002) ("Human rights remedies, even when successful, treat the symptoms rather than the illness, and this allows the illness not only to fester, but to seem like health itself.").
125. SEE, E. G., DAFNA HACKER & ORNA COHEN, THE SHELTERS IN ISRAEL FOR SURVIVORS OF HUMAN TRAFFICKING 87-89, 93-98 (2012).
126. See U6NODC GLOBAL REPORT, supra note 1;
127. TIPREPORT 2012, supranote 11 (containing stateby-state reports that reveal the almost complete absence of a labor framework from policy responses to trafficking worldwide);
128. Dina Franceses Haynes, Exploitation Nation: The Thin and Grey Legal Lines Between Trafficked Persons and Abused Migrant Laborers, 23 NOTRE DAME J. L. ETHICS & PUB. POLY 1, 42-44 (2009) (pointing to the absence of a labor protection framework from current anti-trafficking efforts).
129. See supra text accompanying notes 93-94. However, there are a few important counterexamples. The Rights Work Initiative, a project of the Program on Human Trafficking and Forced Labor at the American University Washington College of Law's Center for Human Rights and Humanitarian Law in Washington, D. C., "seeks to promote evidence-based research, rights-based policies and lively debate on issues relating to human trafficking and forced labor." About, RTS. WORK, http://www.rightswork.org/about-2 (last visited Sept. 24, 2012).
130. The Global Alliance Against Traffic in Women emphasizes labor trafficking and the importance of a labor perspective in all its work. See, e.g., ELAINE PEARSON, GLOBAL ALLIANCE AGAINSTTRAFFIC IN WOMEN. HUMAN RIGHTS AND TRAFFICKING IN PERSONS: A HANDBOOK (2000);
131. Xenia Commandeur, Beyond Borders: Exploring Links Between Trafficking and Labour 19-20 (Global Alliance Against Traffic in Women, GAATW Working Paper Series, 2010);
132. GLOBAL ALLIANCE AGAINST TRAFFIC IN WOMEN, http://www.gaatw.org (last visited Sept. 24, 2012).
133. See also the work of Anti-slavery International, What Is Trafficking in People?, ANTI-SLAVERY INT'L., http://www.antislavery.org/english/slavery-today/ trafficking.aspx (last visited Aug. 24, 2012)
134. and Human Rights Watch Project on Trafficking and Domestic Work, for example, NADIM HOURY, HUMAN RIGHTS WATCH, WITHOUT PROTECTION: HOW THE LEBANESE JUSTICE SYSTEM FAILS MIGRANT DOMESTIC WORKERS (2010), available at http://www.hrw.org/sites/default/files/reports/lebanon0910webw cover.pdf.
135. See REVISITING THE PARADIGM, supra note 27, at 37 ("[M]any trafficking events are defined by the endpoint of a migratory process-if the outcome of this process is positive, it is called migration; if the outcome of this process is negative and results in the excessive exploitation..., it is often considered trafficking-").
136. See, e.g., ILO ACTION, supra note 11, at 2 (calling for the elimination of the underlying causes of trafficking such as poverty, lack of employment, and inefficient labor migration systems and labor inspections);
137. Marjan Wijers & Marieke van Doorninck, Only Rights Can Stop Wrongs: A Critical Assessment of Anti-trafficking Strategies (Sept. 2002) (unpublished manuscript), available at http://www.nswp.org/sites/nswp.org/filesAVIJERS- ONLYRIGHTS.pdf (discussing the root causes of trafficking in relation to migrants from a labor approach).
138. Helen Schwenken, "Domestic Slavery" Versus "Workers Rights": Political Mobilizations of Migrant Domestic Workers in the European Union 11 (Ctr. for Comparative Immigration Studies, Univ. of Calif., San Diego, Working Paper No. 116, 2005) (The dominant identity of the migrant women within the concept of trafficking is the one of a victim.").
139. See DAVID KENNEDY, THE DARK SIDES OF VIRTUE: REASSESSING INTERNATIONAL HUMANITARIANISM 14-15 (2004) (arguing that the focus on innocent victims in human rights discourse delegitimizes the suffering of more typical people in need of protection);
140. See Karl Marx, Economic and Philosophic Manuscripts of 1844, in THE MARX-ENGELS READER 66, 70 (Robert C. Tucker ed., 2d ed. 1978) (discussing estranged labor and the relationship between capitalism, labor, and the production of the worker as a commodity).
141. See CLAUS OFFE, The Political Economy of the Labour Market, in DISORGANIZED CAPITALISM: CONTEMPORARY TRANSFORMATION OF WORK AND POLITICS 10, 14-20 (John Keane ed, 1985) (discussing the main factors that distinguish the labor market from other markets and that justify distinct regulation and protections to workers).
142. See, e.g., Robert L. Hale, Coercion and Distribution in a Supposedly Non-coercive State, 38 POL. SCI. 470, 474 (1923) (noting that what employees get beyond the bare minimum is the result of counter coercion).
143. Cf. Jens Lerche, A Global Alliance Against Forced Labour? Unfree Labour, Neo-liberal Globalization and the International Labour Organization, 7 J. AGRARIAN CHANGE 425, 430-31 (2007) (arguing that the ILO's approach to forced labor tends to regard this as an isolated phenomenon without analyzing its roots in capitalist-production relations and the prevailing driving forces of globalization).
144. See, e.g., Chantal Thomas, Migrant Domestic Workers in Egypt: A Case Study of the Economic Family in Global Context, 58 AM. J. COMP. L. 987, 1015 (2010) (discussing bargaining in the relative absence of law in a legally constructed zone of informality).
145. See, e.g., Hoffman Plastic Compounds, Inc. v. NLRB, 535 U. S. 137 (2002) (holding that an undocumented worker, because of his immigration status, was not entitled to back pay for lost wages after he was fired for union organizing).
146. See INT'L LABOUR ORG., DECENT WORK FOR DOMESTIC WORKERS 31, 40 (2010) [hereinafter ILO DECENT WORK REPORT], available at http://www.ilo.oig/wcmsp5/ groups/pubUc/@ed-norrn/@relconf/documents/meetingdocument/w cms-104700.pdf (listing the countries that exclude domestic workers from protective employment and labor legislation);
147. Michael Holley, Disadvantaged by Design: How the Law Inhibits Agricultural Guest Workers From Enforcing Their Rights, 18 HOFSTRA LAB. & EMP. L. J. 575, 577-94 (2001) (discussing the ways in which the law limits farm workers' rights and impedes the enforcement of those rights);
148. Hila Shamir, Between Home and Work Assessing the Distributive Effects of Employment Law in Markets of Care, 30 BERKELEY J. EMP. & LAB. L. 404, 450-51 (2009) (discussing the distributive effects of the exclusion of domestic workers in the United States).
149. See ILO GLOBAL REPORT 2009, supra note 25, at 2, 24-25;
150. See, e.g., TIP REPORT 2012, supra note 11, at 23-24 (discussing the ways in which documented migration may give rise to trafficking situations)
151. See, e.g., RHACEL SALAZAR PARRENAS, ILLICIT FLIRTATIONS: LABOR, MIGRATION, AND SEX TRAFFICKING IN TOKYO 25-57 (2011) (describing how the Japanese immigration regime intensifies the vulnerability of Filipina hostesses in Japan);
152. Adrianna Kemp, Reforming Policies on Foreign Workers in Israel 19-20 (OECD Soc., Emp't & Migration Working Papers, No. 103, 2010) (explaining that Israel's binding arrangement, which was later declared unconstitutional, subjected migrant workers to violations of their labor rights).
153. See NATL EMPT LAW PROJECT, ICED OUT: HOW IMMIGRATION ENFORCEMENT HAS INTERFERED WITH WORKERS' RIGHTS 5(2009), available at http://nelp. 3cdn. net/75a43e6ae48 f67216a-w2m6bplalcpdf (suggesting that immigration enforcement enabled employers to violate workers' rights, ensuring that workers are too "terrified to complain about substandard wages, unsafe conditions, and lack of benefits");
154. Keith Cunningham-Parmeter, Fear of Discovery: Immigrant Workers and the Fifth Amendment, 41 CORNELL INTL L. J. 27, 44 (2008) (arguing that undocumented migrants often choose to remain silent in the face of egregious workplace violations);
155. Janice Fine & Jennifer Gordon, Strengthening Labor Standards Enforcement Through Partnerships With Workers' Organizations, 38 POL. & SOCV 552, 555 (2010) (stressing that immigration enforcement increases migrant workers' vulnerability to workplace violations).
156. RICHARD B. FREEMAN & James L. Medoff, What Do Unions do? 7-11, 94 (1984) (describing exit and voice as two mechanisms for dealing with problems in the labor markets).
157. See, e.g., Bin Jiang et al., An Analysis of Job Dissatisfaction and Turnover to Reduce Global Supply Chain Risk Evidence From China, 27 J. OPERATIONS MGMT. 169, 170-72 (2009) (identifying operational and reputational risks for businesses with high employee turnover).
158. See Katherine V. W. Stone, Revisiting the At-Will Employment Doctrine: Imposed Terms, Implied Terms, and the Normative World of the Workplace, 36 INDUS. L. J. 84, 86 (2007) (discussing the origins of the employment-at-will rule and the freedom and autonomy it gave unskilled workers for the first time).
159. See, e.g., PHILIP L. MARTIN, MANAGING LABOR MIGRATION: TEMPORARY WORKER PROGRAMS FOR THE 21ST CENTURY 12(2003), available at http://www.tfo.org/public/ english/bureau/inst/download/migration3.pdf (noting that the United Kingdom has one of the few guest worker programs that allows foreigners to be free agents in its labor market);
160. Martin Ruhs, Migrant Rights, Immigration Policy and Human Development, 11 J. HUM. DEV. & CAPABILITIES 259, 268 (2010) (discussing the kafala, or sponsorship, system in the Gulf countries, under which migrants can work only for their sponsors, and its harsh effect on workers' rights and market mobility).
161. See INTL LABOUR ORG., TOWARDS A FAIR DEAL FOR MIGRANT WORKERS IN THE GLOBAL ECONOMY 44-45 (2004) (noting that in many sectors migrants pay large sums to recruitment agencies and are subjected to virtual debt bondage).
162. See Asmita Naik et al, Migration and Development: Achieving Policy Coherence 27 (IOM Migration Research Series No. 34, 2008) (explaining that unregulated recruitment markets expose migrants to debt bondage and exploitation).
163. TIP REPORT 2011, supra note 32, at 22.
164. David Card et al, Unions and Wage Inequality, 25 J. LAB. RES. 519, 555-56 (2004) (finding that unions have an equalizing effect on the dispersion of wages in the United States, Canada, and the United Kingdom).
165. See JOHN BRAIHWAITE & PETER DRAHOS, GLOBAL BUSINESS REGULATION 533-34 (2000) (arguing that when coercive systems are inaccessible to the weak, direct action, from the bottom up, has the potential of transforming significant power imbalances);
166. Daniel Adler & Michael Woolcock, Justice Without the Rule of Law? The Challenge of Rights-Based Industrial Relations in Contemporary Cambodia, in HUMAN RIGHTS AT WORK, supra note 75, at 529, 552-53 (discussing the role of unions when law is not formally enforceable).
167. See GALLAGHER, supra note 16, at 439 (suggesting that organized workplaces and monitored and enforced labor rights reduce trafficking);
168. ILO GLOBAL REPORT 2009, supra note 25, at 56 (describing the potential of trade union involvement for combating labor exploitation).
169. For a discussion of labor law regimes in which union representation is not determined by majority support of those being represented considering the cases of Brazil, Italy, Russia, Hungary, and Israel, see "Competing Conceptions of Representational Legitimacy", 32 COMP. LAB. L. & POLV J. 841 (2011)
170. and the five articles that follow: Ana Virginia Gomes & Mariana Mota Prado, Flawed Freedom of "Association in Brazil How Unions Can Become an Obstacle to Meaningful Reforms in the Labor Law System, 32 COMP. LAB. L. & POLYJ. 843 (2011);
171. Erika Kovacs, Hungarian Unions: How Representative? How Effective?, 32 COMP. LAB. L. & POLYJ. 891 (2011);
172. Itai Svirski, Moving to Bottom-Up Representation: A Comment on Gomes and Prado, "Flawed Freedom of Association in Brazil", From the Perspective of the Developing New Unionism in Israel, 32 COMP. LAB. L. & POLYJ. 915 (2011);
173. Gian Guido Balandi, From Corporatism to Freedom of Association: A Note About Italy, 32 COMP. LAB. L. & POLY J. 925 (2011);
174. Nikita Lyutov, Freedom of Association: The Case of Russia, 32 COMP. LAB. L. & POLY J. 933 (2011).
175. See also IMMANUEL NESS, IMMIGRANTS, UNIONS, AND THE NEW U. S. LABOR MARKET 181-84 (2005) (discussing unions' concessionary bargaining and two-tier wage hierarchies-which benefit some members at the expense of others-and its effect on unions, specifically migrant workers' unionization today).
176. See, e.g, Guy Mundlak & Hila Shamir, Organizing Migrant Care-Workers: Industrial Citizenship and the Trade Union Option (forthcoming 2013) (on file with author) (describing the unionization of migrant care workers in the Israeli labor union Power to the Workers and assessing the advantages and challenges of promoting the interests of migrant care workers through a trade union rather than a workers' rights center);
177. Melanie Samson et al., Combining Forces-Networks and Federations of Waste Picker Organisations, in REFUSING TO BE CAST ASIDE: WASTE PICKERS ORGANISING AROUND THE WORLD 33 (Melanie Samson ed., 2009) (describing the achievements of waste pickers' unions in Brazil, Colombia, India, and South Africa).
178. Prabha Kotiswaran, Bom Unto Brothels-Toward a Legal Ethnography of Sex Work in an Indian Red-Light Area, 33 LAW & SOC. INQUIRY 579, 617-24 (2008) (revealing the complex operation and distributive effects of criminal law in sex markets).
179. See Hila Shamir, What's the Border Got to Do With It: How Immigration Regimes Affect Familial Care Provision-A Comparative Analysis, 19 AM. U. J. GENDER SOC. POLY & L. 601, 616-20 (2011) (analyzing the effect of the law's limited reach, due to formal and informal exclusion, on migrant workers' vulnerability to exploitation).
180. See David Weil, A Strategic Approach to Labour Inspection, 147 INTL LAB. REV. 349, 349-50 (2008) (discussing the labor inspection crisis governments face and stating that labor inspectorates are challenged not only by diminishing budgets and insufficient staff but also by a more complicated regulatory environment, a changing workplace, and the decline of trade unions).
181. Trevor Colling, What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights, 35 INDUS. L. J. 140, 144-45 (2006) (discussing the potential of unions as a remedy for the deficiencies of individual enforcement).
182. GILAD NATHAN, KNESSET RESEARCH CTR., COPING WITH THE ILLEGAL FEES CHARGED BY INTERMEDIARIES FROM FOREIGN WORKERS 7(2011), available at http://www.knesset.gov. il/mmm/data/pdf/m02782.pdf (providing information about excessive fees charged by intermediaries).
183. GILAD NATHAN, KNESSET RESEARCH CTR., STATUS, RECRUITMENT AND EMPLOYMENT
184. KAV LAOVED, ENFORCEMENT (OR THE ABSENCE THEREOF) IN THE EMPLOYMENT OF MIGRANT WORKERS IN THE AGRICULTURAL SECTOR 4(2010), available at http://www.kavla oved.org.il/UserFiles/File/Agriculture2010 (l).pdf (describing the ongoing binding of workers to one employer caused by manpower agencies' actions and incentives).
185. See U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 88 (2001) (classifying Israel as a tier 3 country).
186. See U. S. DEPT OF STATE, TRAFFICKING IN PERSONS REPORT 63 (2002) (elevating Israel to tier 2);
187. Hanny Ben Israel, Letter to the Ministry of Justice Regarding Failures in Handling the Transfer of Victims of Human Trafficking to New Employers (Dec. 3, 2009), available at http://www.kavla oved.org.il/media-view.asp?id=2702 (describing the authorities' mistreatment of migrant agricultural workers who were trafficked).
188. Press Release, Kav La Oved Petitioned the Court The Government Must Act to Revoke Employment Permits of Abusive Employers (Mar. 10, 2011), http://www.kavlaoved.org.il/media-view.asp?id=3309 (describing the main arguments in the petition). The petition is still pending.
189. There are some signs that these rights can be effectively exercised by migrant workers. See Tani Goldstein, YNET News, Thai Workers in the South Go on Strike, KAV LaOVED (Apr. 12, 2010), http://www.kavkoved.org.il/media-view- eng5e85.html?id=2804 (describing how striking Thai agricultural workers in the town of Ohad in southern Israel demanded decent wages).
190. Press Release, Immigration Auth., The Bilateral Agreement Between Israel and Thailand for the Recruitment of Thai Migrant Workers (May 11, 2011), http://piba.gov.il/SpokesmanshipMess agess/Pages/2011-9410.aspx.
191. See THE SEX SECTOR: THE ECONOMIC AND SOCIAL BASES OF PROSTITUTION IN SOUTHEAST ASIA (Lin Lean Lim ed., 1998) (recognizing the increasing economic importance and expanding international dimension of sex work and recommending the economic recognition and extension of labor rights to sex workers). Lim's report was heavily criticized by feminists who call for the abolition of prostitution.
192. See, e.g., Janice G. Raymond, Legitimating Prostitution as Sex Work UN Labour Organization (ILO) Call for Recognition of the Sex Industry, COALITION AGAINST TRAFHCKING IN WOMEN, http://action. web.ca/home/catw/readingroom.shtml? x=16741 (last visited Sept. 23, 2012) (criticizing the ILO for its de facto support of violence against women).
193. Union membership is declining around the world, the rise of the neoliberal agenda is leading to a decrease in labor regulation, and the rate of ratification of ILO conventions has never been lower. See Alan Hyde, The Idea of the Idea of Labour Law A Parable, in THE IDEA OF LABOUR LAW 88, 90-92 (Guy Davidov & Brian Langille eds., 2011) (arguing that die three pillars of labor law have eroded: (1) a decline of labor laws and regulations; (2) a decline in union membership; and (3) a reduction in trade barriers and globalization);
194. Alan Hyde, The International Labor Organization in the Stag Hunt for Global Labor Rights, 3 LAW & ETHICS HUM. RTS. 153, 158 (2009) (finding the average number of member states that ratified ILO conventions in the last 25 years to be a low 20.1 out of the possible 180 member states).
195. See Marion Crain, Whitewashed Labor Law, Skinwalking Unions, 23 BERKELEY J. EMP. & LAB. L. 211, 213 (2002) ("Historically, the labor movement served the interests of workers who were raceand gender-privileged.").
196. See, e.g., EVA CREMERS ET AL., ABVAKABO FNV, YOUR RIGHTS AS A DOMESTIC WORKER IN A PRIVATE HOUSEHOLD 20-21(2008), available at http://ww.abvakabofov. nl/PDF/dovm loads/folder-rechten-als-huishoudelijke-hulp/193055/.pdf (brochure directed at domestic workers written by the union, which includes a recommendation to become a union member as a way to improve one's work situation).
197. ee, e.g., KATHLEEN BARRY, MALE SEXUAL SLAVERY-13 (1979) (arguing that prostitution is a form of sexual slavery and should be abolished);
198. Melissa Farley, Preface: Prostitution, Trafficking, and Traumatic Stress, in PROSTITUTION, TRAFFICKING, AND TRAUMATIC STRESS, at xi, xiv (Melissa Farley ed., 2003) (arguing that a women's "self, her individuality, [and] her humaneness [are] systematically... destroyed in prostitution");
199. Catharine A. MacKinnon, Prostitution and Civil Rights, 1 MICH. J. GENDER & L. 13, 27-28 (1993) (arguing that prostitution cannot result from women's choices and that it is a violation of women's human rights).
200. See ROBERT J. STEINFELD, THE INVENTION OF FREE LABOR: THE EMPLOYMENT RELATION IN ENGLISH AND AMERICAN LAW AND CULTURE 1350-1870, at 9 (1991) ("Achieving legal autonomy represented a real gain for laboring people, but it also helped to obscure the systemic ways in which law continued to contribute to their oppression through the operation of the ordinary rules of property and contract in a world in which productive assets were unequally distributed.").
201. For example, in many countries, violations of the prohibition on slavery and child labor can have criminal consequences. Likewise, in various countries, violations of minimum wage laws, certain occupational safety standards, and even some antidiscrimination laws constitute a criminal offense. See Kenneth Mann, Punitive Civil Sanctions: The Middleground Between Criminal and Civil Law, 101 YALE L. J. 1795 (1992) (providing a general theory of the complementarity of criminal and civil sanctions).
202. See, e.g., David M. Smolin, Conflict and Ideology in the International Campaign Against Child Labor, 16 HOFSTRA LAB. & EMP. L. J. 383, 394-99 (1999)
203. See FARKHANDA ZLA MANSOOR, working towards the eradication of child Labour? An Analysis ofthe Legal Framework With Case-Studies of Pakistan, INDIA, INDONESIA, CHINA, UK AND USA 17-30 (2011) (describing the common practices to combat child labor beyond prohibition).