On Making Persons: Legal Constructions of Personhood and Their Nexus with Human Trafficking
32 Pages Posted: 9 Jun 2011
Date Written: June 1, 2011
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: Suggested Citation