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International Human Rights

Combating Human Trafficking: Transnational Advocacy Networks between Thailand and the United States

Citation:

Bertone, Andrea. 2008. “Combating Human Trafficking: Transnational Advocacy Networks between Thailand and the United States.” Paper presented at 49th Annual International Studies Association Convention, San Francisco, March 24 – March 28.

Author: Andrea Bertone

Topics: Gender, International Law, International Human Rights, International Organizations, NGOs, Sexual Violence, Sexual Slavery, Trafficking, Human Trafficking, Sex Trafficking Regions: Americas, North America, Asia, Southeast Asia Countries: Thailand, United States of America

Year: 2008

HUMAN TRAFFICKING AROUND THE WORLD: HIDDEN IN PLAIN SIGHT

Citation:

Hepburn, Stephanie, and Rita J. Simon. 2013. HUMAN TRAFFICKING AROUND THE WORLD: HIDDEN IN PLAIN SIGHT. New York: Columbia University Press.

Authors: Stephanie Hepburn, Rita J. Simon

Abstract:

An examination of human trafficking around the world including the following countries: United States, Japan, United Arab Emirates, Thailand, Israel and the Occupied Palestinian Territories, Colombia, Iraq, Syria, Canada, Italy, France, Iran, India, Niger, China, South Africa, Australia, United Kingdom, Chile, Germany, Poland, Mexico, Russia, and Brazil. (WorldCat)

Annotation:

Table of Contents:

Introduction

Part I: Work Visa Loopholes for Traffickers
1) United States
2) Japan
3) United Arab Emirates

Part II: Stateless Persons
4) Thailand
5) Israel & The Occupied Palestinian Territories

Part III: Unrest, displacement, and Who is in charge
6) Colombia
7) Iraq
8) Syria

Part IV: Conflation
9) Canada

Part V: Conflicting Agendas
10) Italy
11) France

Part VI: Gender Apartheid
12) Iran

Part VII: Social Hierarchy
13) India
14) Niger
15) China

Part VIII: Muti Murder
16) South Africa

Part IX: Hard-to-Prove Criterion and a slap on the wrist
17) Australia
18) United Kingdom
19) Chile
20) Germany

Part X: Transparent borders
21) Poland

Part XI: Fear Factor
22) Mexico

Part XII: Poverty and Economic Boom
23) Russia
24) Brazil

Conclusion

*Each Chapter follows the following format with some variations:

Introduction
As a destination
Internal trafficking
Trafficking abroad
What happens to victims after trafficking
What happens to traffickers
Internal efforts to decrease trafficking

 

Quotes:

"Devestation from a natural disaster...creates a sudden high demand for low-wage and largely unskilled labor. Disruption of the traditional labor supply leaves room for illicit contractors to move in, and new workers can be brought in unnoticed." (19)

"There continue to be more criminal convictions of sex traffickers than of forced-labor traffickers [However, this number of individuals victimized by forced labor may be increasing]." (32)

"Many experts state that the yakuza (organized crime) networks play a significant role in the smuggling and subsequent debt bondage of women--particularly women from China, Thailand, and Colombia--for forced prostitution in Japan. Determining the exact extent of yakuza involvement is difficult because of the covert nature of the sex industry. Consequently, the yakuza are able to minimize people's direct knowledge of their involvement...The yakuza networks work with organized crime groups from other nations, such as China, Russia, and Colombia." (49-50)

Topics: Economies, Gender, Women, Men, Girls, Boys, International Law, International Human Rights, Multi-National Corporations, Rights, Human Rights, Women's Rights, Sexual Violence, Sexual Exploitation and Abuse, Sexual Slavery, Trafficking, Human Trafficking, Labor Trafficking, Sex Trafficking Regions: Africa, West Africa, Americas, Central America, North America, South America, Asia, East Asia, Middle East, Southeast Asia, Europe, Central Europe, Eastern Europe, Western Europe, Oceania Countries: Australia, Brazil, Canada, Chile, China, Colombia, France, Germany, India, Iran, Iraq, Israel, Italy, Japan, Mexico, Niger, Palestine / Occupied Palestinian Territories, Poland, Russian Federation, South Africa, United Arab Emirates, United Kingdom, United States of America

Year: 2013

RETHINKING SURVIVAL SEX AND TRAFFICKING IN CONFLICT AND POST – CONFLICT ZONES: THE CASE OF BOSNIA-HERZEGOVINIA

Citation:

Dewey, Susan. 2012. “ONE: RETHINKING SURVIVAL SEX AND TRAFFICKING IN CONFLICT AND POST – CONFLICT ZONES: THE CASE OF BOSNIA-HERZEGOVINIA.” Wagadu: A Journal of Transnational Women’s & Gender Studies 10: 15-31.

Author: Susan Dewey

Abstract:

Using the example of Radovan Stanković, whose case was the first transferred from the ICTY to the Sarajevo War Crimes Chamber (and who escaped from prison just weeks into his sentence), this article describes how weaknesses in infrastructure and political will seriously inhibit efforts to localize the implementation of international law.

Topics: Armed Conflict, Gender, Women, Governance, Post-Conflict Governance, Infrastructure, Information & Communication Technologies, International Law, International Human Rights, International Organizations, Political Participation, Trafficking, Human Trafficking Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2012

Child Soldiers: Changing a Culture of Violence

Citation:

Becker, Jo. 2005. “Child Soldiers: Changing a Culture of Violence.” Human Rights 32 (1): 16–18.

Author: Jo Becker

Topics: Armed Conflict, Combatants, Child Soldiers, Development, Gender, International Law, International Human Rights, Rights, Human Rights

Year: 2005

Vulnerable Women: A Critical Reflection on Human Rights Discourse and Sexual Violence

Citation:

Scully, Pamela. 2009. “Vulnerable Women: A Critical Reflection on Human Rights Discourse and Sexual Violence.” Emory International Law Review 23 (1): 113-23.

Author: Pamela Scully

Topics: Gender, Women, International Law, International Human Rights, Rights, Human Rights, Sexual Violence, SV against Women

Year: 2009

Impunity or Immunity: Wartime Male Rape and Sexual Torture as a Crime against Humanity

Citation:

Zawati, Hilmi M. 2007. “Impunity or Immunity: Wartime Male Rape and Sexual Torture as a Crime against Humanity.” Torture: Quarterly Journal on Rehabilitation of Torture Victims and Prevention of Torture 17 (1): 27–47.

Author: Hilmi M. Zawati

Abstract:

This paper seeks to analyze the phenomenon of wartime rape and sexual torture of Croatian and Iraqi men and to explore the avenues for its prosecution under international humanitarian and human rights law. Male rape, in time of war, is predominantly an assertion of power and aggression rather than an attempt on the part of the perpetrator to satisfy sexual desire. The effect of such a horrible attack is to damage the victim's psyche, rob him of his pride, and intimidate him. In Bosnia- Herzegovina, Croatia, and Iraq, therefore, male rape and sexual torture has been used as a weapon of war with dire consequences for the victim's mental, physical, and sexual health. Testimonies collected at the Medical Centre for Human Rights in Zagreb and reports received from Iraq make it clear that prisoners in these conflicts have been exposed to sexual humiliation, as well as to systematic and systemic sexual torture. This paper calls upon the international community to combat the culture of impunity in both dictator-ruled and democratic countries by bringing the crime of wartime rape into the international arena, and by removing all barriers to justice facing the victims. Moreover, it emphasizes the fact that wartime rape is the ultimate humiliation that can be inflicted on a human being, and it must be regarded as one of the most grievous crimes against humanity. The international community has to consider wartime rape a crime of war and a threat to peace and security. It is in this respect that civilian community associations can fulfill their duties by encouraging victims of male rape to break their silence and address their socio-medical needs, including reparations and rehabilitation.

Keywords: sexual torture, male rape, wartime rape, gender crimes, Croatia, Iraq

Annotation:

Quotes:

"Male rape in times of war is predominantly an assertion of power and aggression rather than an expression of satisfying the perpetrator’s sexual desire." (33)

"When war finally came to an end in the former Yugoslavia, the medical records of health care centres provided evidence of male rape and sexual torture of Croatian and Bosnian Muslim men including castration, genital beatings, and electroshock." (34)

"This paper provides three kinds of potential remedies available for addressing the needs of Croatian and Iraqi wartime male rape victims: legal remedies, remedies within the United Nations system, and psycho-social remedies within civil community associations." (34)

"We should combat the culture of impunity in both dictator-ruled and democratic countries by bringing the crime of wartime rape into the international arena, and by removing all barriers to justice facing the victims. Moreover, we should emphasize the fact that wartime rape is the ultimate humiliation that can be inflicted on a human being, and it must be regarded as one of the most grievous crimes against humanity. The international community has to consider wartime rape a crime of war and a threat to peace and security. It is in this respect that civilian community associations can fulfill their duties by encouraging victims of male rape to break their silence and address their socio-medical needs, including reparations and rehabilitation." (40)

Topics: Armed Conflict, Gender, Men, Gendered Power Relations, Health, Mental Health, Trauma, International Law, International Human Rights, International Humanitarian Law (IHL), Justice, Crimes against Humanity, War Crimes, Military Forces & Armed Groups, Security, Sexual Violence, Rape, SV against Men, Sexuality, Sexual Torture Regions: MENA, Asia, Middle East, Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Croatia, Iraq

Year: 2007

The Leadership Role of International Law in Enforcing Women's Rights: the Optional Protocol to the Women's Convention

Citation:

Tang, Kwong-Leung. 2000. “The Leadership Role of International Law in Enforcing Women’s Rights: The Optional Protocol to the Women’s Convention.” Gender & Development 8 (3): 65–73.

Author: Kwong-Leung Tang

Abstract:

In October 1999, the United Nations General Assembly adopted the Optional Protocol to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (otherwise known as the Women’s Convention). As of September 2000, 62 states have signed the Optional Protocol, and nine of these have ratified it. Women’s rights activists hope that through the Protocol, the international legal system will lead governments to address the issue of violence against women and other violations of their rights. This article charts the development of the Optional Protocol, and assesses the difference it will make to women who face violations of their human rights.

Keywords: international law, gender-based violence, women

Topics: Gender, Women, Gender-Based Violence, International Law, International Human Rights, Rights, Human Rights, Women's Rights

Year: 2000

The Human Rights Dilemma: Rethinking the Humanitarian Project

Citation:

Weissman, Deborah M. 2004. “The Human Rights Dilemma: Rethinking the Humanitarian Project.” Columbia Human Rights Law Review 35 (April): 259–336.

Author: Deborah M. Weissman

Abstract:

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system that has claimed center stage in the human rights project, often producing outcomes inimical to human rights.

It demonstrates that the disparity in power between colonizer and colonized continues to affect the ongoing development of human rights norms and has resulted in the production of legal remedies that are often incapable of safeguarding international human rights. It uses comparative legal discourse as a way to illustrate how the human rights project stipulates the need to rescue people of other cultures from themselves. The Article argues for a shift in methodological and attitudinal approaches to human rights work and suggests that commitment to human rights must be guided by an awareness of the power relationships from which remedies originate. It contends that without such awareness, humanitarian enterprises may inadvertently result in baneful consequences and implicate the human rights project in the very wrongs it seeks to correct.

Topics: Coloniality/Post-Coloniality, Gender, Women, Humanitarian Assistance, International Law, International Human Rights, International Organizations, Rights, Human Rights Regions: Americas, North America Countries: United States of America

Year: 2004

International Law: Modern Feminist Approaches

Citation:

Buss, Doris, and Ambreena Manji. 2005. International Law: Modern Feminist Approaches. Oxford: Hart Publishing.

Authors: Doris Buss, Ambreena Manji

Abstract:

Over the last 10 years, feminist scholars and activists have turned their attention to international law with apparently dramatic results. The impact of feminist engagement is felt in diverse areas from human rights to environmental law. But what do these successes signal for the future? How open is international law to feminist enquiry? What does it mean to do feminist theory in international law? What lessons have we learned from engaging with international law, and what directions do we still need to explore? This book brings together feminist scholars from Australia, Canada, Sweden, Serbia and Montenegro, the United States and United Kingdom. Drawing on diverse theoretical approaches, the chapters explore the directions and tensions in feminist engagement with various areas of international law from human rights, trade and development, and gender mainstreaming, to humanitarian intervention, and environmental and humanitarian law. (Amazon)

Annotation:

Table of Contents:

1. Introduction
Doris Buss and Ambreena Manji

2. Feminist Approaches to International Law: Reflections From Another Century
Christine Chinkin, Shelley Wright and Hilary Charlesworth

3. International Human Rights and Feminisms: When Discourses Keep Meeting
Karen Engle

4. Feminism Here and Feminism There: Law, Theory and Choice
Thérèse Murphy

5. Austerlitz and International Law: A Feminist Reading at the Boundaries
Doris Buss

6. Disconcerting 'Masculinities': Reinventing the Gendered Subject(s) of International Human Rights Law
Dianne Otto

7. The 'Unforgiven' Sources of International Law: Nation-Building, Violence and Gender in the West(ern)
Ruth Buchanan and Rebecca Johnson

8. 'The Beautyful Ones' of Law and Development
Ambreena Manji

9. Feminist Perspectives on International Economic Law
Fiona Beveridge

10. Transcending the Conquest of Nature and Women: A Feminist Perspective on International Environmental Law
Annie Rochette

11. The United Nations and Gender Mainstreaming: Limits and Possibilities
Sari Kouvo

12. Women's Rights and the Organization of African Unity and African Union: The Protocol on the Rights of Women in Africa
Rachel Murray

13. Sexual Violence, International Law and Restorative Justice
Vesna Nikolic-Ristanovic

 

Reviews of International Law: Modern Feminist Approaches:

By Nicole LaViolette: http://www.academia.edu/3403811/Review_of_Doris_Buss_and_Ambreena_Manji_eds._International_Law_Modern_Feminists_Approaches

Topics: Development, Environment, Feminisms, Gender, Masculinity/ies, Gender Mainstreaming, Humanitarian Assistance, International Law, International Human Rights, International Humanitarian Law (IHL), Rights, Human Rights, Women's Rights

Year: 2005

Constitutional Exclusion and Gender in Commonwealth Africa

Citation:

Bond, Johanna E. 2007. “Constitutional Exclusion and Gender in Commonwealth Africa.” Fordham International Law Journal 31 (2): 289-342.

Author: Johanna E. Bond

Abstract:

Part I of this article briefly describes customary law and explores the effect of colonialism on legal pluralism and the region’s early post-colonial constitutions. Part II describes the structure and content of constitutional clauses that exclude personal law and customary law from constitutional non-discrimination protection. Part III briefly examines international and regional human rights law and offers a pragmatic conclusion that countries must eliminate exclusionary clauses in order to conform to human rights commitments. Part IV provides a theoretical justification for eliminating exclusionary clauses from these constitutions. This section builds upon feminist theory and dialogic constitutionalism to argue that countries should eliminate constitutional exclusionary clauses in order to dismantle the faulty public/private dichotomy and provide a voice for women in constitutional debates over the normative content of customary law. Finally, Part V assesses alternatives for judicial intervention once the exclusionary clauses have been eliminated through constitutional amendment. This part explores a number of strategies courts might employ in interpreting personal and customary law in light of constitutional equality guarantees, ranging from less interventionist to more interventionist. These intervention strategies include limited in- tervention, in which customary law is largely left to evolve on its own; formalist intervention, in which gender equality rights clearly trump rights to custom or vice versa; and activist intervention, in which courts must balance gender equality rights with rights to custom. This article proposes a rights-balancing approach that values both culture and equality rights. Recent jurisprudence in South Africa illustrates the promise of a type of rights balancing that I call “weighted balancing.” Eliminating exclusionary clauses and encouraging courts to balance relevant rights is the only way to facilitate a constitutional dialogue that will ultimately determine the normative content of constitutional equality guarantees as applied to personal and customary law.

Topics: Coloniality/Post-Coloniality, Feminisms, Gender, Gendered Power Relations, Gender Equality/Inequality, Governance, Constitutions, International Law, International Human Rights, Rights, Human Rights Regions: Africa

Year: 2007

Pages

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