The High Cost of Freedom: A Legal and Policy Analysis of Shelter Detention for Victims of Trafficking

Human Rights Quarterly, Vol. 32, pp. 73-114, 2010

43 Pages Posted: 19 Mar 2010

Date Written: February 1, 2010

Abstract

In countries around the world it is common practice for victims of human trafficking who have been rescued or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. The article, a revised and updated version of a study released by ARTIP in 2008, uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in shelters, and weighs up the common justifications for such detention from legal, policy and practical perspectives.

Keywords: international law, human rights, trafficking, trafficking in women, trafficking in persons, shelters, detention

Suggested Citation

Gallagher, Anne T. and Pearson, Elaine, The High Cost of Freedom: A Legal and Policy Analysis of Shelter Detention for Victims of Trafficking (February 1, 2010). Human Rights Quarterly, Vol. 32, pp. 73-114, 2010. Available at SSRN: https://ssrn.com/abstract=1572113

Elaine Pearson

Human Rights Watch ( email )

350 Fifth Avenue, 34th Floor
New York, NY 10118-3299
United States

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