A presente dissertação, pautada no direito penal mínimo e no princípio da dignidade humana, discorre sobre o tráfico internacional de pessoas para fim de exploração sexual, tendo em vista o consentimento da vítima maior e capaz. Para tanto, foi feita uma análise introdutória do direito penal sexual e da prostituição, buscando identificar o bem jurídico tutelado hodiernamente sem a influência de conteúdo estritamente moral, pois no tráfico de pessoas deve prevalecer a proteção da liberdade sexual. Foram examinados os principais acordos internacionais afeitos à matéria, em especial o Protocolo de Palermo, e também a legislação de países como Alemanha, Portugal, Espanha, Itália, Estados Unidos e Argentina. Neste contexto, fez-se uma leitura crítica da legislação brasileira (mormente o art. 231 do Código Penal), que está em falta com a agenda internacional por se limitar a tutelar o tráfico internacional quando se trata de exploração de índole sexual. Além disso, o dispositivo se mostra falho em sua essência, por não enxergar o tráfico como um fenômeno, um processo delitivo complexo e multifacetado. À ineficácia legislativa se soma a insuficiência das políticas públicas nesta seara para o efetivo enfrentamento do tráfico de pessoas, visando a sua prevenção, punição e também a proteção às vítimas. / This paper which is based on the principles of minimum criminal law and human dignity, talks about the international human trafficking for sexual purposes, considering the consent of the adult and capable victim. For this, a preliminary analysis of the criminal sex and prostitution law was made, in order to identify the legal protected property, without the influence of the strictly moral context, because the protection of sexual freedom shall prevail in human trafficking. This paper also evaluates the more important international treaties with regard to this issue, with special regard to the Palermo Protocol as well as the legislation of countries such as Germany, Portugal, Spain, Italy, United States of America and Argentina. A comparative analyses of the Brazilian law was developed (Article 231 of the Brazilian Criminal Code), concluding that the Brazilian law is more restricted than the international rules, because it legislates that Human trafficking is only for sexual purposes and does not consider any other. Besides that, the aforementioned article has a flaw as it does not consider the traffic as a phenomenon, a complex and multifaceted wrongful process. The inefficient Brazilian legislative process is attributed to the insufficiency of public policies in this area to effectively face human trafficking, focusing on its prevention and punishment as well as the protection of the victims.

This study examined and analysed human trafficking as a security issue using South Africa and Mozambique as country case studies. Information gathered through documentary analysis methodology is relied upon to develop a conceptual framework of human trafficking and security. The link between trafficking and security is evaluated based on the conceptualisation of trafficking in the Palermo Protocol as well as the criteria for declaring social phenomena security threats, as articulated by the UN and several scholars. Through global and national overviews of human trafficking, its patterns, extent and enabling conditions are identified and analysed. In South Africa and Mozambique, human trafficking has domestic and international dimensions and is facilitated by several factors. However, factors facilitating domestic trafficking do not necessarily facilitate international trafficking in South Africa. The opposite is however, the case in the Mozambican context. An analysis of global, regional, and national counter trafficking measures, shows that the national security implications of human trafficking are not explicitly addressed. Trafficking involves national border violations; organised crime; corruption, and physical violence which have implications for security at all levels. Consequently, recommendations are made for the explicit securitisation of trafficking as well as the demonstration of sufficient political will to combat it. Regional and international co-operation is also considered necessary to combat trafficking, as well as prosecution of offenders and the introduction of poverty alleviating measures. / Thesis (DPhil)--University of Pretoria, 2014. / tm2015 / Political Sciences / DPhil / Unrestricted

By examining Cambodia as a case study, this thesis is exploring the resonances and dissonances between “Western” discourse reflected in US policies and NGOs and women’s experiences of sex work and trafficking. The massive attention to human trafficking driven by the US “War on trafficking” has undoubtedly had tremendous consequences on women’s lives in Cambodia, as the US still exerts a very prominent influence on the country especially through development aid. Examining the discourse upheld by US policies and NGOs in relation to that particular issue and comparing it to Cambodian women’s lived experiences allows us to reflect on the possible power relations that still subsist in the representations of sex trafficking. Taking a post-colonial perspective, this study uncovers the problematic “Othering” imbued in US discourse, creating a patronizing attitude towards “non- Western” women onto whom the victim status is projected, therefore reproducing colonial tropes. The result is that women’s voices and their multilayered experiences are silenced and remain largely unexplored. When listening to the women and those working close to them we learn that sex, money, desire, love, kinship, and Khmer norms all come together to influence women’s decisions to migrate and to enter the sex industry. In Cambodia, there is a complex interplay between structural factors, social obligations and personal desires which is crucial to understand sex work and trafficking. In other contexts, this interplay of factors might take different forms but structural conditions must always be examined and labor migration and participation must be linked to the context-specific economic, political and ideological landscape in which women act.

La littérature offre une occasion singulière pour transformer les postulats qui forgent notre compréhension des groupes marginalisés. Cependant, en raison de sa capacité à exposer des discours politiques, la littérature court aussi le risque d’exprimer des formes de représentations stéréotypées. Mon mémoire a pour objectif d’explorer l’industrie du sexe sous différents points de vue et à travers l’analyse de deux œuvres littéraires : « Becoming Abigail » écrit par Chris Abani et « On Black Sisters’ Street » de Chika Unigwe. Ma recherche consiste à comprendre l’impact de l’économie globale sur la prolifération des industries criminelles telle l’industrie du sexe. En établissant un lien entre la sphère corporative et le trafic du sexe, on peut dessiner un portrait de la structure du capitalisme global et de son influence sur les comportements individuels. A cet égard, les romans étudiés dans ce mémoire présentent diverses représentations de l’industrie du sexe, des travailleuses du sexe jusqu’aux femmes victime de trafic. Le roman de Chris Abani se concentre sur les expériences traumatiques que subit Abigail et qui, par conséquent, la rendent invisible. En contrepartie, celui de Chika Unigwe offre une perspective nuancée de l’industrie, en se penchant sur les ambiguïtés du monde du travail du sexe. Mon mémoir met l’accent sur le fait que l’industrie du sexe est composée de sa partie visible, soit celle qui est décriminalisée, et de sa face cachée, soit celle portant sur le trafic du sexe. Entre ces espaces, nous y trouvons les femmes et les jeunes filles qui sont marginalisées et invisibles parce qu’elles ne possèdent pas les caractéristiques de la victime parfaite. Je cherche à démontrer que la littérature a un rôle important à jouer quand vient le temps de changer notre façon de percevoir ces femmes et jeunes filles, en les présentant comme des personnes qui ont de l’agentivité plutôt que des êtres nécessairement impuissants. / Literature can present us with many opportunities to transform our perspectives of a marginalized group. Nevertheless, with its capacity for political expression, there comes the risk of falling within stereotypical modes of representation. In my thesis I not only explore aspects of the sex trafficking industry, but also how literary works such as Becoming Abigail and On Black Sisters’ Street examine its underbelly. I will also examine the ways in which the global economy has helped criminal industries like this one to proliferate. In understanding the structure of global capitalism, we can trace similar patterns of exploitation between its behaviours in the corporate sphere and within the sex trafficking industry. The novels studied hereafter present different forms of representations of the trafficking industry. Where Becoming Abigail is focused primarily of the traumatic experiences the protagonist has endured, On Black Sisters’ Street offers a nuanced perspective on this industry, by tackling the ambiguities of the sex trade. This thesis emphasises the fact that the sex industry is composed of its visible—and at the very least decriminalized—side of the industry known as sex work, and its shadow that we know as sex trafficking. In the spaces in between we find those who are marginalized, the women and girls left unseen because they do not fit within the criteria of a perfect victim. I seek to demonstrate that literature has an important role to play in shaping our understanding of who the marginalized people are, by contextualizing them within a frame of agency, rather than helplessness.

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Human trafficking is an ever-growing crime in this century. It is estimated that there are 29.8 million slaves around the world today - 16.36% of which are located in sub-Saharan Africa. The sub-Saharan region is a region in which human trafficking is combatted ineffectively due to a lack of food, lack of access to education, lack of post-education opportunities and lack of proper legislation. This thesis explores the environment in which human trafficking is taking place in sub-Saharan Africa, and proposes potential changes that will theoretically disallow human trafficking to take place in the region. The only way in which an environment conducive to trafficking in persons will ever change is through establishing partnerships amongst governments, non-governmental organizations (NGOs), and other international organizations. Through the analysis of case law from the United Nations Human Trafficking Case Law Database, data from the World Bank, the United States State Department Trafficking in Persons Reports, the United Nations Global Reports on Human Trafficking, and various reports from NGOs, this thesis evaluates the approaches taken by various governments in sub-Saharan Africa to change the environment in which human trafficking thrives. Through raising awareness of the environment of sub-Saharan Africa, and by describing three ways in which human trafficking can be combatted effectively, such as the use of food, education, and the law, this thesis contributes not only to the legal discipline, but also to helping combat trafficking in persons effectively throughout the world.

Miss Kathy is a documentary film that tells the story of Kathy Griffin-Grinan, a lead recovery coach for prostitution and human trafficking with the Harris County Sheriff’s Office. Her non-profit organization —We’ve Been There, Done That – works in conjunction with law-enforcement to offer the survivors of prostitution a chance at rehabilitation. With endless enthusiasm, she mentors survivors as they struggle to escape a destructive lifestyle. This film also explores the relationship between human trafficking and prostitution, while addressing issues of victimization and exploitation.

Trafficking in persons is a serious crime and a serious violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Trafficking in human beings (THB) can be about forced labour, sexual slavery and/or commercial sexual exploitation, but this this paper focuses on the latter category. One country in Eastern Europe with an exceptionally high proportion of women and children trafficked into Sweden each year is Romania. The purpose of the following study is therefore to investigate what moral responsibility – if any – Sweden has to protect the female part of the victims from Romania being trafficked for sexual purposes in Sweden. They are not Swedish citizens, and that makes it a complicated question. In making an effort to come up with answers, we will have a look at what Sweden is doing for these people today, and what the options look like going forward, if indeed the responsibilty is ours. This is an academic thesis with one normative and one empirical aspect. Normative theoretical principles of global justice, ethics and human dignity from American philosopher Martha Nussbaum are tested on an empirical problem; a case study about the situation for Romanian trafficking victims in Sweden and Norway. Apart from the theory and case study, I have exclusively used applied ethics, secondary sources and an analytical tool to analyze and dissect the problem, reaching the conclusion that Sweden does have a moral responsibility, and that we therefore should continue to work in these people´s favour. However, more so that now by assisting solution solving in Romania, where the biggest problems exist and the best solutions can be expected, if handled intelligently and with ethics in mind.

The number of girls that are being exploited for prostitution in Nepal has increased in recent years, and girls suffer a high risk of being exposed when they come from already poorly conditions. Previously, uneducated girls could be found in the adult entertainment sector, but nowadays even educated girls are being exploited. This thesis aims to gain further understanding to why girls are being exposed and why it is difficult to protect them. By conducting qualitive interviews with employees from several NGOs working to protect girls from being exploited for prostitution, insights has been given about socio-structural factors that influences the situation for girls. By examining these factors with support from theoretical approaches that highlights social injustice, gender discrimination and structural oppression this thesis presents how different factors affect the work of protecting girls, and how the same factors also are contributing to why girls get exposed. The state of Nepal shows several efforts in trying to eradicate the problem and have ratified both the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The state has also made changes in national law that shall promote and strengthen children's rights. Although the laws are strong, the protection for girls is insufficient and girls are vulnerable to being exploited by traffickers. The Government of Nepal, NGOs and several other authorities are working together to eradicate the problem, but the work needs be strengthened, coordinated and responsive to influencing factors simultaneously in order to achieve a long-term solution. This thesis suggest that cultural norms need to be challenged more and that the Government of Nepal needs to oversee how structural injustices affect opportunities for girls to take part of social benefits. In addition, knowledge about legal and moral rights needs to be increased among girls and in society as a whole, moreover the knowledge about trafficking and prostitution needs to be spread.

Questa tesi ha come scopo quello di investigare la relazione tra etnicità, modalità di commissione del crimine e struttura relazionale di differenti reti etniche coinvolte nella tratta per sfruttamento sessuale. E’ realizzata un’analisi di due reti criminali dell’Africa occidentale e di due dei Balcani mediante l’applicazione di due metodi: la crime script analysis e l’analisi di rete. I risultati ottenuti sono stati uniti per capire come le relazioni tra gli individui sono distribuite all’interno della cornice criminale. Da ultimo, i casi studio sono stati comparati per verificare se esiste una relazione tra etnicità e tratta per sfruttamento sessuale, anche indipendentemente dall’ambito di sfruttamento. I risultati mostrano che l’etnicità ha un impatto sulla tratta per sfruttamento sessuale. In particolare, influenza il modus operandi e le caratteristiche socio-biografiche degli attori che operano nelle reti impegnate nello stesso ambito di sfruttamento. Se sono considerati differenti ambiti di sfruttamento, messi in atto sia dallo stesso che da differenti gruppi etnici, l’etnicità non sembra influenzare né le modalità di commissione del crimine né le caratteristiche dei soggetti. Infatti, anche l’ambito di sfruttamento indoor/outdoor sembra essere rilevante. Al contrario, la struttura relazionale e la relazione tra questa e le modalità di commissione del crimine non sembrano essere influenzate dall’etnicità. / This thesis aims at investigating the relationship among ethnicity, modalities of crime commission and relational structure of different ethnic networks involved in sex trafficking. A case study analysis of two West African and two Balkan networks is carried out by the adoption of two methods: crime script analysis and social network analysis. A merger of the results obtained in these analyses is performed in order to understand how relationships among individuals are distributed within the criminal framework. Finally, the case studies are compared to verify whether a relationship exists between ethnicity and sex trafficking, also apart from the field of exploitation. The results show that ethnicity has an impact on sex trafficking. In particular, it influences modi operandi and the socio-biographical characteristics of the members of the networks operating in the same field of exploitation. If different fields of exploitation are considered, both carried out by same or different ethnic groups, ethnicity appears to affect neither the modalities of crime commission nor the features of the people. Indeed, also the outdoor/indoor exploitation context seems to be relevant. Conversely, the relational structure and the relation between the latter and the modalities of crime commission do not seem to be affected by ethnicity.