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Of Rights and Rhetoric: Discourses of Degradation and Exploitation in the Context of Sex Trafficking
Author(s) -
Munro Vanessa E.
Publication year - 2008
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2008.00437.x
Subject(s) - human rights , context (archaeology) , rhetoric , clarity , relevance (law) , harm , sociology , political science , environmental ethics , law and economics , criminology , law , history , linguistics , philosophy , biochemistry , chemistry , archaeology
International condemnations of people trafficking (particularly of women and girls for prostitution) as a human rights violation have proliferated in recent times. The deployment of human rights in this context has been supported by those who seek to challenge narrow victim hierarchies, but these accounts fail to clearly articulate which particular aspects of the activity violate which particular rights, and how. This article examines the applicability of protections against slavery and inhuman/degrading treatment, arguing that, in the context of the diversity and complexity of contemporary people trafficking, their limitations become apparent. The final part considers the concept of exploitation as an alternative basis for grounding a human rights claim. It cautions that invoking this concept without further elaboration (particularly in relation to the relevance of harm and consent) may be counter‐productive, both in terms of theoretical clarity and practical implementation.