Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights

International Journal of Human Rights, Vol. 12, No. 1, p. 67, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009/35

23 Pages Posted: 5 May 2010  

Bernadette M. McSherry

Melbourne Social Equity Institute; Monash Faculty of Law; Melbourne Law School

Susan York Kneebone

Melbourne Law School

Date Written: 2009

Abstract

The response to the trafficking of women is primarily dominated by the discourse of criminal law both internationally and nationally. By contrast, in the refugee law context, women are constructed as victims in a ‘culturally relative’, patriarchal society. This paper explores the tensions between these constructs and the practical responses to protecting trafficked women.

Taking Australia’s policy response to the trafficking of women in the Asia-Pacific region as an example, the paper describes how the trafficking/smuggling distinction is blurred by constructing trafficked women both as victims/witnesses and as free agents rather than as rights bearing individuals. This profoundly affects the way that government agencies and decision-makers respond to the issues.

Keywords: Human Trafficking, People Trafficking, Human Rights, Women's Rights

JEL Classification: K0, K1, K14, K3, K33, K42, K49

Suggested Citation

McSherry, Bernadette M. and Kneebone, Susan York, Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights (2009). International Journal of Human Rights, Vol. 12, No. 1, p. 67, 2009; Monash University Faculty of Law Legal Studies Research Paper No. 2009/35. Available at SSRN: https://ssrn.com/abstract=1599406

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Monash Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Susan York Kneebone

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Paper statistics

Downloads
312
Rank
77,848
Abstract Views
1,751