Abstract
Global discourse and action on human trafficking clearly depict it as being incompatible with the dignity and worth of the human person. This is premised on the fact that conditions that permit human trafficking also condone labour and sexual exploitation, tolerate unregulated and unscrupulous business practices, and maintain status inequalities and marginalization against persons being trafficked. Human trafficking is today characterized by the exploitation of vulnerable people and is a violation of their basic human right to autonomy and freedom. This lends credence to why human trafficking has been referred to as “modern slavery.” The existence of human trafficking in contemporary societies underscores society's ongoing struggle to secure equality and human rights for all its members. Drawing upon an extensive seminal and contemporary research as well as existing literature on human trafficking, this chapter examines the phenomenon vis-a-vis the logic of economic gain devoid of respect for human dignity using Biderman's theory of coercion.
TopIntroduction
In contemporary societies, human needs have manifested, interpreted, and accomplished themselves more in the global level, and not anymore in the individual, national, and regional grounds. This is in order to achieve the principle of the dignity of the human being. That explains why human rights and dignity have increasingly been center-staged in human trafficking discourse in recent years (Surtees & de Kerchove, 2014). Assisted by the latest adoption of the UN Universal Declaration of Human Rights, that specify the basic respect all people by virtue of their common humanity, respect for autonomy of the individual and freedom embedded in the core of every constitution, the major aim of a human rights approach is to ensure compliance of human rights as the basis for economic transaction, labour relation and employment (Onuoho, 2011). More specifically, such an approach argues that the social–political vulnerability and livelihood insecurity experienced by trafficked persons can fundamentally hinder their capacity and commitment to serve as motivated resource stewards. Given this position, and focusing exclusively on human trafficking rights/dignity of the human person’s modification as part of what are known as ‘rights-based’ strategies, this chapter collates reflections on certain activities of human trafficking as well as a range of practices capable of deepening our understanding of human dignity and its violation, thus, bringing to the surface the interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger (Osezua, 2013).
However, recently, a human rights approach has been center-staged within human trafficking ascendancy as a response to the limits of trafficked victim rights in reducing insecurity and vulnerability among victims (Oram et al, 2016). Despite its growing adoption in international legal frameworks and among civil society organizations, the conceptual pitfalls of the human rights approach to trafficking (i.e., its neoliberal tendencies and the neglect of collective rights and social duties) raised by critical scholarship remain largely unsettled, leading to practical concerns about whether such a framework will ultimately benefit trafficked persons on the ground (Osezua, 2016). To further contribute to the debate, this study presents a nuanced discussion of the human rights perspective by introducing the concept of human dignity. Specifically, it argues that human dignity, with its greater conceptual scope and depth, could act as a foundational value with which to mitigate some of the shortcomings of the human rights approach. The purpose here is to a reasonable extent suggestive rather than definitive and is aimed at highlighting the link that has not been clearly made between human rights and human dignity. This study argues that heightened attention to human dignity has the potential to create wider support for the human rights approach and ultimately help facilitate its efficacy in protecting the vulnerable.
Following this line of thought, this chapter attempts to discover some of the bonds between human dignity and human rights, having as premise the scope of respecting human beings, as since the ascension of human rights in modern debates all over the world, having as consensus that human dignity is the most important component of the laws in force in any nation (Pocock et al, 2016). With that established, and having as a starting point, the intrinsically connection between dignity of the human person and human rights, we will attempt to demonstrate that dignity is being put into reality as human rights become effective. On this sense therefore, it is necessary to investigate the logic of economic gains devoid of respect for human beings.
Key Terms in this Chapter
Exploitation: Once trafficked, individuals often become victims of exploitation. At its most basic, exploitation means treating someone unfairly to your own advantage or in order to benefit from their work. The United Nations states, “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” (UNDOC, 2014).
Sex Trafficking: Sex trafficking encompasses the range of activities involved when a trafficker uses force, fraud, or coercion to compel another person to engage in a commercial sex act or causes a child to engage in a commercial sex act. The crime of sex trafficking can also be understood through the “acts,” “means,” and “purpose” framework. All three elements are required to establish a sex trafficking crime except in the case of child sex trafficking where the means are irrelevant. Sex trafficking can take place in private homes, massage parlors, hotels, or brothels, among other locations, as well as on the internet.
Vulnerability: Trafficking is to a great extent linked to the various kind of abuse of people in vulnerable situations. It is defined in assortment of ways in statute books and international instruments. It highlights the lack of alternatives for a victim when submitting to the abuse. Thus different groups advocates that the notion of vulnerability is treated in a wide sense by including situations of poverty and economic deprivation.
Child Labor: The term “forced child labor” describes forced labor schemes in which traffickers compel children to work. Traffickers often target children because they are more vulnerable. Although some children may legally engage in certain forms of work, forcing or coercing children to work remains illegal. Forms of slavery or slavery-like practices – including the sale of children, forced or compulsory child labor, and debt bondage and serfdom of children – continue to exist, despite legal prohibitions and widespread condemnation. Some indicators of forced labor of a child include situations in which the child appears to be in the custody of a non-family member and the child’s work financially benefits someone outside the child’s family; or the denial of food, rest, or schooling to a child who is working.
Slavery: Following on from the broader idea of exploitation, slavery is a specific type of exploitation to which a person may be subjected. According to the Slavery Convention of 1926, a slave is a person who is owned. Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised (Bales, 2004).