On Making Persons: Legal Constructions of Personhood and Their Nexus with Human Trafficking

32 Pages Posted: 9 Jun 2011

See all articles by Karen E. Bravo

Karen E. Bravo

Indiana University Robert H. McKinney School of Law

Date Written: June 1, 2011

Abstract

This article identifies and analyzes the role of law in constructing personhood and the impact of such a construction on human trafficking.

Who is a “person? Are all human beings “persons?” Are children, legal immigrants, undocumented migrants, ex-convicts, and/or individuals who have been trafficked “persons” or “quasi-persons” under contemporary law?

The concept and term “person” is ubiquitous in the legal literature – in statutes, constitutions, and treaties. It is deployed and manipulated by courts and legislatures to give and withhold rights to groups, entities, and individuals within societies. However, where legal recognition and protection of personhood is withheld, it creates vulnerability and increases opportunities for exploitation, including human trafficking.

Keywords: human trafficking, personhood, human rights, voting rights, immigration, ex-convicts

JEL Classification: K33

Suggested Citation

Bravo, Karen E., On Making Persons: Legal Constructions of Personhood and Their Nexus with Human Trafficking (June 1, 2011). North Illinois University Law Review, 2011, Available at SSRN: https://ssrn.com/abstract=1860219

Karen E. Bravo (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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