Trafficking in persons is a multi-sided phenomenon accompanying the current migration flows, therefore, the actions that must be undertaken in order to prevent, combat the phenomenon as well as to assist the victims of trafficking require a large partnership between all the actors involved: international organisations, governmental institutions and representatives of civil society. The special psychological, ethical issues raised especially by trafficking prevention and assistance to victims make the church and various religious organisations play a very (...) important role in the corresponding networks at both international and national level. Even if the integration of the church in the networks fighting against trafficking in persons has been quite largely addressed worldwide, there are but few studies undertaken in Romania in this area. Our paper opens the room for dialogue among the researchers interested in this topic from an interdisciplinary perspective to discuss the possibilities to establish sustainable partnerships between the state and the church against rafficking in persons. With this aim in view, we have first carried out a quantitative analysis of the scope and dynamics of trafficking in persons in Romania focusing on the victims’ profile by exploitation type. The main socio-demographic characteristics (gender, age, schooling, area of origin) have been considered in order to identify the vulnerability factors related to the risk involved by trafficking, both at national and regional level. We have also examined the responses in legislative and institutional terms, with a special emphasis on the collaboration between the state and the church in preventing and combating trafficking in persons. Of special relevance are the conclusions resulted from the field research undertaken in the area covered by the Diocese of Maramures and Satu Mare. (shrink)

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past (...) decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism could improve its legitimacy, respond to negative impacts, and better contribute to the international legal regime around trafficking. (shrink)

Since the collapse of the Soviet regime, post-communist states have rapidly learned the modern face of slavery. Slavic women have been trafficked to the sex markets of Western Europe, Asia, and North America. The surge in human trafficking is the result of numerous factors, including the dramatic fall of the economic system and complete deterioration of the social safety net. This paper explores the causes and conditions of the growth of the trade in persons in the region, the (...) profile and typical behavior of the victims, and the public perception of the trafficking problem. It identifies the inefficiencies behind the national and international responses to trafficking and the complications for policymaking associated with the stigma attached to sex workers. (shrink)

Trafficking in persons is often referred to as a global problem that can only be resolved through collaborative action involving the entire global community. Since the early 2000s, the United Nations (UN) has spearheaded efforts to lead the global anti-trafficking campaign and advocate for the humane treatment of trafficked persons. This paper examines the effects of various legal documents and advocacy campaigns to argue that, for the present moment, the UN-led anti-trafficking collaboration fails on both (...) counts—end trafficking and provide protection and support to trafficked persons. It further argues that the global anti-trafficking unity is maintained at the expense of solving the actual problem: identifying someone to blame and criminalize takes precedence over resolving socio-economic conditions, which are often at the root cause of trafficking. An extreme emphasis on criminality and morality, while well aligned with states’ anti-immigration objectives and public outcries against illegal migration and prostitution, also leads to further ostracization of those in need of protection and options for reintegration. (shrink)

This article theorizes a research process in a highly politicized environment in which we, as feminist researchers, found ourselves standing outside the feminist standpoint which dominated Irish public discourse, viz advocacy of a Swedish-style, neo-abolitionist, prostitution policy. We suggest that our increasing personal and intellectual discomfort as that policy position gained support contained valuable epistemic insight. We theorize this principally by drawing on Pillow’s concept of ‘reflexivities of discomfort’. This article offers an account of the messy dynamics of a research (...) process in which we, in time, recognized our own psychosocial worlds as sites of social critique. We contribute to debates about reflexivity by exploring the insights which this approach brought when applied to the dynamics of power politics between us as researchers and the wider policy field within which we were immersed. (shrink)

The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the (...) limitations of international law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking. (shrink)

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ‘third world’ female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but (...) hapless victims. Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets. (shrink)

Can we do justice in an unjust world? The obvious reply is that it is only because of injustice that we need to seek justice. But what about the way existing structures of injustice can also condition the results of our interventions? The attempt here to say something useful about this difficult question will focus on the progress achieved so far by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. Is the use of such human (...) rights instruments in the fight against human trafficking a way of moving toward more global justice? Or is it another example of how many struggles against injustice are undone by continuing social, economic and political inequalities which, at best, this sort of approach is unable to tackle, and, at worst, actually help to reinforce? (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to (...) the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

In this article, we reflect on our personal experience of acting as ‘independent academic experts’ in an European Union policy forum, to reflect on how the EU utilises gender to legitimise certain policy discourses in combating sex trafficking. Starting from our personal experience, we draw on wider feminist research on gender expertise and on Fraser’s new reflexive theory of political injustice, to consider how the EU structures debates in this area to determine ‘who’ is entitled to speak and be (...) heard on this issue. In a context in which sex trafficking policy intersects with a variety of competing agendas on – among other things – law and order, organised crime, immigration, asylum and border security policy, our argument will suggest that the exclusion of critical feminist voices and lack of alternative perspectives permits much scope for continuing inequality and injustice. (shrink)

A disturbing economic reality confronts consumers today: thousands of farm workers are enslaved in U.S. agricultural fields, forced to work without pay amid deplorable conditions and under the constant threat of violence. If structural economic injustices perpetuate modern‐day agricultural slavery, then it is necessary to promote consumer practices that resist these abusive dynamics. But a consumption‐oriented strategy does not necessarily restore either personal agency or communal relations damaged by agricultural trafficking. This essay proposes a framework for aesthetic solidarity that (...) cultivates affective bonds necessary for building communities of resistance characterized by mutuality, equality, and participation. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories (...) of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

This paper offers an intellectual discourse for destination managers by exploring alternative branding approaches used during the colonial period in Kenya, now that the image is under siege both internally through socio-economic instability and unprecedented levels of poaching, and externally through travel warnings, outright trafficking in big game trophies, the constant threat of terror attacks, and poor global rankings in the Travel and Tourism Competitive Index. The paper conforms to the mission of thought and practice by identifying practical ways (...) of promoting tourist destination Kenya through an in-depth analysis of historical experiences. (shrink)

Since 2014, two legislative actions, the Transgender Persons (Protection of Rights)Act 2019, and the Draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021, have been pivotal in re-inscribing the Indian state’s colonial policing of queer kinship networks. By criminalising relationalities outside the heteropatriarchal conjugal home, the sexual subaltern is exposed to the state’s mechanisms of rescue and rehabilitation. These developments have occurred alongside the constitutional recognition of privacy in K.S. Puttaswamy v. Union of India (2017) 10 (...) SCC 1 and the decriminalisation of the anti-sodomy law in Navtej Johar v. Union of India 2018 (10) SCALE 386 which have been celebrated as victories of self-determination and dignity for queer kinship. These judicial pronouncements, although symbolically pertinent, fail to materially protect queer kinship, and with the contemporary advocacy around queer marriage, the need for legal and cultural recognition has obfuscated the substantive needs of pre-existing queer alliances. Queer communities continue to organise for their own emancipation and despite their vulnerability, queer visibility offers a public counter-narrative of resistance and survival against the brutalities of society and the state. (shrink)

Scholars have recently suggested the desirability of moving the migrant female subject to the center of the analysis of sex trafficking and other forms of women’s cross-border migration. At first glance, this seems to be a progressive move forward in empowering women and protecting their human rights, especially those who have been trafficked for the sex trade or have otherwise migrated for work in the sex industry. However, putting the victim of trafficking into the center of trafficking (...) analysis also creates new problems, especially for the formulation and implementation of law and public policy. In this paper, I will first discuss some of the factors that favor putting the female migrant subject at the center of anti-trafficking, such as recognition and respect for the autonomy of the person that is at the center of trafficking. I will then discuss some of the problems that such a reconfiguration would entail. (shrink)

Firearms were associated with 30,136 deaths in the United States in 2003; of these, 11,920 were homicides. For every firearm homicide, there are four people who suffer non-fatal firearm assaults. Like many other consumer products in the US, most guns are initially sold to the public through a network of retail dealers. Persons in the business of selling firearms must obtain a federal firearm dealer's license. There were more than 54,000 federally licensed gun dealers in the United States in (...) 2005, though this reflects a seventy-eight percent decline since 1994. Some states also require a state license to sell firearms.Licensed firearm dealers are an important source of guns for criminals and gun traffickers. In one analysis of gun trafficking investigations conducted by the Bureau of Alcohol, Tobacco and Firearms, licensed dealers accounted for a plurality of all guns diverted to the illegal market. (shrink)

Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and (...) free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Third Way: Social Disability and Person-Centered AssessmentChristopher Heginbotham (bio)Keywordsimpaired functioning, psychopathic, personality disorder, neurological damage, psychotherapyJohn Sadler’s Fascinating Paper identifies a significant problem with existing diagnostic classifications. But in doing so he raises further unresolved philosophical, nosological, and practical problems. Although he is undoubtedly right in showing that the Diagnostic and Statistical Manual of Mental Disorders (DSM)-IV (and International Classification of Diseases [ICD]-10) do not provide an adequate (...) categorization, he is I believe wrong to use the term “vice” to describe the cluster of wrongful acts.“Vice” conjures up images of Miami, drugbusting police, prostitution, and other activities that are characterized by one thing—by and large, these are actions undertaken knowingly, usually for financial gain. These are not the actions of people with impaired mental functioning as a result of mental disorder or neurological damage. It is of course true that human trafficking and enforced prostitution may mean women forced into prostitution against their will, but rarely are these women considered mentally disordered solely as a result of their prostitution. Yet it is capacitated, premeditated wrongdoing that is normally considered to be “vice.”By contrast, all the cases cited in the paper describe conditions that are almost certainly the result of some form of impaired functioning, either owing to early childhood experiences (Case A), familial culture and conditioning (Case B), or neurological damage (Case C). The common thread in these cases is impaired capacity—in Case A this could be described as due to psychopathic or personality disorder (I distinguish the two separately rather than describe the phenomenon as “psychopathic personality disorder”) as a result of multiple childhood traumas. Their presentation is not unexpected given the person’s history and, although the condition may have become refractory, it might be amenable to treatment with psychoanalytically oriented psychotherapy, given sufficient time and a nurturing environment (Bateman and Fonagy 2006, 2008; Cordess and Cox 1996; Levy 2008).The description of Case B leaves a lot of room for doubt and uncertainties. Did Ms A really try to smother her child? She confessed to one occasion, but was this under duress? Did she feel that if she agreed she would be treated more leniently? And if she was guilty, does it suggest “vice,” a premeditated act, or is there another explanation—attention [End Page 31] seeking because of low self-esteem or a personality disorder as a result of some abuse that had not been identified? Almost certainly from the description given this would not count, for me at any rate, as vice. Her actions may be odd, bizarre, or dangerous, but did they demonstrate a mens rea? Was Ms A making adequate evaluative judgments of her situation and that of her child? We know from clinical work with very damaged women in forensic mental health services that early physical, emotional, or sexual abuse leads in turn to women harming both themselves and their children (Bland et al. 1999; Cordess and Cox 1996; see also for example, Jeffcote and Watson 2004). Or perhaps, speculatively, her condition was Munchausen’s by proxy?Case C is horrendous but does not lend itself readily to the forms of psychiatric classification available. Indeed there is no easy way to describe such actions other than those of someone who is either incapable of understanding the nature and consequence of the actions that he has undertaken, or is simply “mad” in a folk sense. Prima facie this seems to be the result of permanent and little understood neurological damage. However, this case comes closest to the evil that is implied in the term “vice”; and might be diagnosed similarly to a celebrated English murderer, that of Peter Sutcliffe, the so-called Yorkshire Ripper. Sutcliffe was diagnosed as suffering from paranoid schizophrenia, although the jury at his trial found that he was fit to plead, and he was initially sent to prison, where he deteriorated. He is now, and has for some time, been in Broadmoor high secure hospital.The result of these comments is that I agree fully with John Sadler’s conclusions, but for rather different reasons. DSM-IV categories try and fail to offer a symptomatology for... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. 341 Petrus Liu Thinking Gender in the Age of the Beijing Consensus Originally formulated to dispute biologically deterministic explanations of women’s subordination, the analytical distinction between sex and gender has developed in unexpected ways in transitions from one language to another. Drawing on a wide range of sources, from John Money’s sexological writings to Simone de Beauvoir’s dictum, (...) “One is not born a woman, but rather becomes one,” Anglophone feminists in the 1970s developed the distinction between sex (understood as anatomy) and gender (understood as social identity) to argue that a woman’s biological sex ought not dictate the kind of work she should do or the kind of life she should live.1 In her landmark 1975 essay, “The Traffic in Women,” Gayle Rubin coined the phrase “sex/gender system” to examine “the set of arrangements by which a society transforms biological sexuality into products of human activity, and in which these transformed sexual needs are satisfied.”2 In more recent years, however, the distinction 1. Simone de Beauvoir, The Second Sex (Paris: Gallimard, 1949; New York: Knopf, 1993), 281. Citations refer to the Knopf edition. For an account of feminist reformulations of John Money and Robert Stoller, see Jennifer Germon, Gender: A Genealogy of an Idea (New York: Palgrave Macmillan, 2009). 2. Gayle S. Rubin, Deviations: A Gayle Rubin Reader (Durham, NC: Duke University Press, 2011), 34. It is worth mentioning that sex in Rubin’s sex/gender system refers to sexual practice rather than the distinction between male and female. This understanding forms the basis of her theoretical disagreements with Judith Butler, who preserves the semantic ambiguity of sex (as 342 Petrus Liu between sex and gender has taken on an entirely different meaning as it comes to inform transgender movements and politics seeking to decouple a person’s sex assignment at birth from their future gender identity. At the same time, theories of intersectionality, women-of-color feminisms, and transnational feminisms have all developed their own theses of gender variability to contest the myth of the universal woman. The life of gender—in academic theory, politics, and social movements— has confounded the original intentions of its American theorists. It is clear that there is no singular or stable account of gender; rather, gender is always in a state of flux, incessantly rethought and reforged by the demands of an increasingly complex and asymmetric world.3 Gender is always a translation—from one discipline, context, or language to another—ineluctably intertwined with the geopolitical problems created by the violences of imperialism, colonialism, and transnational capitalism. The translation of gender into non-European languages, such as Chinese, raises questions about whether spaces previously resistant or exterior to world capitalism are now being assimilated and enfolded into the structure of neoliberal globalization defined by the Washington Consensus. Against this view, some critics maintain that China’s precipitous ascent presents an alternative model of development for the Global South called the Beijing Consensus. Considering how gender has entered different languages, including Chinese, to create new coinages that may at times appear as instruments of an imperial takeover, Judith Butler argues that the translation of gender actually offers a path of linguistic humility for English, a reminder that we cohabit a multilingual world in which no one ever owned the term.4 But how exactly do we describe that complex, multilingual world and how does gender both gender and sexuality) as the point of departure for a different kind of feminist inquiry. See Gayle Rubin with Judith Butler, “Interview: Sexual Traffic,” differences: A Journal of Feminist Cultural Studies 6, nos. 2–3 (1994): 67. 3. See Heather Love, ed. “Rethinking Sex.” Special issue, GLQ 17, no. 2 (2011): 1–221. This collection of essays conveys a sense of how Rubin’s methodological distinction between sex and gender has given rise to new ways of thinking across different disciplines about sex radicalism, crip sexuality, Black feminism, and sex trafficking. 4. Judith Butler, “Gender in Translation: Beyond Monolingualism,” philoSOPHIA 9, no. 1 (Winter 2019). Petrus Liu 343 transform it? How is the translation of gender inflected by the material conditions... (shrink)

Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms (...) itself, i.e. its Article 6, and other international instruments, such as the Council of Europe’s Criminal Law Convention, the Council of Europe’s Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and others, do not prohibit the use of special investigative methods, provided that their use does not violate human rights. The use of special investigative methods, such as undercover agents or other undercover investigative methods, cannot in itself infringe human rights and the right to a fair trial; however, its use must have clear limits and safeguards. The recent judgements of the European Court of Human Rights regarding the use of undercover agents confirm that the use of undercover agents in certain types of cases is often unavoidable and also very problematic, because the Court imposes on the member states of the Convention increasingly wider obligations. Partly this is determined by the fact that the current jurisprudence of the Court is still in the state of formation, therefore many questions are left unanswered. (shrink)

The Philippine government officially responded to the Declaration of Istanbul on Organ Trafficking and the related WHO Guidelines on organ transplantation by prohibiting all transplants to foreigners using Filipino organs. However, local tourists have escaped the regulatory radar, leaving a very wide gap in efforts against human trafficking and transplant tourism. Authorities need to deal with the situation seriously, at a minimum, by issuing clear procedures for verifying declarations of kinship or emotional bonds between donors and recipients. Foreigners (...) who come to the country for transplants with same-nationality donors constitute a problem that is replicated in many transplant centers around the world. Also, emotionally related living donors continue to pose challenges for ethics committees, especially because of the realities associated with the existence of extended families. Those who find themselves facing these issues need to be armed with clear protocols for going through the process of verifying documents and individual declarations assiduously. There is also a need for international referral mechanisms at least to ensure that governments are aware when their citizens travel for transplant so they can take steps they consider suitable to address the vulnerabilities of exploited persons. (shrink)

Life writing is ubiquitous in John Kinsella’s vast oeuvre. Kinsella’s employment of the diversity of modes collected under the rubric of “life writing” is underpinned by a “poetics of dirt.” Such a poetics is visible in the central role that material dirt plays in Kinsella’s work, as well as the more general concept of impurity, as seen in Kinsella’s poetic trafficking in ideas concerning transgression, liminality, hybridity, and danger. In Purity and Danger, the anthropologist Mary Douglas famously defined dirt (...) as “matter out of place.” In the poem “Dirt”, dirt remains understandable as matter out of place, but it also becomes radically mobile, its material and symbolic weight subject to unexpected transformations. The eponymous dirt in Kinsella’s poem is being carted from one place to another by the poet’s near neighbour for “purposes unknown.” This “shitload of dirt,” dumped onto the dirt of the valley’s floor, makes its way into the disturbingly porous bodies – both human and non-human – around it. It is “something you sense in arteries” and “the haze / that lights and encompasses us all.” This poem can be taken as a metonym for Kinsella’s entire literary oeuvre. Employing his “poetics of dirt,” Kinsella attends to the dispossessed dirt of a post/colonial nation; the dirt of contemporary farming practices; the dirt of official and vernacular languages; and the dirt of personal secrets. This essay argues that Kinsella’s “poetics of dirt” cannot be disambiguated from his activist poetics, and the profoundly auto/biographical nature of his writing. Attending to postcolonial theory and life-writing studies, this essay analyses how Kinsella thematises dirt as central to both life writing and a life of writing. In doing so, it considers dirt as something not simply “out of place,” but – in a postcolonial, post-sacred, and late-capitalist world – endlessly mobile, unstable, and transformative, moving between material and discursive realities in newly complex ways. By attending to dirt within the context of his various auto/biographical projects, Kinsella conspicuously draws attention to the relationship between the human and the material, profoundly questioning – in a way akin to a “new materialist” perspective – the consequences of a human-centred ontology. At its most radical, the “poetics of dirt” found in Kinsella’s life writing posits a world in which human subjectivity is not the only agental force in the material world. (shrink)

Drug-trafficking in Colombia has been a widely researched phenomenon, especially now, as the country undergoes a transition process with its older guerrilla. Now more than ever it is fundamental to examine how drug-trafficking organizations violent activities affect the consolidation of peace. This article considers different approaches to study violence derived from drug-trafficking, in order to advance towards the objectives of transitional justice. For that matter, this work is based on the idea that drug-trafficking directly generates and (...) reproduces violence which is fueled by the structural violence present in the Colombian context. My thesis is that this phenomenon deters non-repetition guarantees and weakens democracy, which is why there will be three main arguments presented that will revolve around the lack of consensus and the implications of considering drug wars as civil wars, how decisions related to the conceptual apprehension limit the competence of international humanitarian law, and the need for holistic strategies capable of facing drug-trafficking’s political and violent power. Later, alternatives will be explored around the possibilities that each argument offers, as well as which aspects could contribute to a more appropriate approach to combat drug-trafficking. Lastly, I will defend why implementing bottom-up oriented actions can advance towards transitional justice’s intermediate and final objectives, as it is the only alternative that escapes fatalist, utopian or interventionist scenarios. (shrink)

Sub-Saharan Africa like some other parts of the world is plagued by myriads of problems such as environmental degradation, climate change, illegal migration, human trafficking, terrorism, resources conflicts, bad and inept leadership, failing states, armed banditry, drug smuggling, youth restiveness, unemployment, etc. One of these problems, unemployment, has led to the devastation of many human lives and equally made some persons to live in degrading manner that affect environmental resources. Unemployment is not simply about statistics or numbers but (...) about actual human lives who are holders of rights and dignity. Unemployment can impede the exercise of human rights and prevent people from living meaningful lives. In spite of the region’s enormous natural resources and human capital unemployment remains drastically unabated. Why is this situation so? This situation is problematized here. Consequently, this paper critically and analytically examines this problem of unemployment in Sub-Saharan Africa in the light of an ethics of solidarity. The paper hermeneutically interprets the concepts involved in the study. The grave reasons for unemployment in the region will be examined with likely solutions. Besides these possible solutions, the paper sees the issue as also bordering on ethical realities. Many of the factors that causes employment borders on human behaviours and morality. There are ethical dimensions to the issue then. This is why the paper takes the vantage point of an ethics of solidarity to argue for an additional solution to the problem. This is equally the theoretical frame from which the problem of unemployment is examined. Living in solidarity makes individuals to easily collaborate and overcome societal problems like unemployment. The paper finds that unemployment is a pervasive problem in the sub-continent and is causing grave consequences for both human lives and the environment. The paper concludes that an ethics of solidarity can help in mitigating the problem of unemployment in the sub-continent. And that when this is done it will help to create a happier and peaceful sub-continent. (shrink)

Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces (...) other negative effects. In the article bodies of criminal acts, namely, an object, a subject, an act, an entity, guilt and a purpose, set forth in Articles 259, 260 of the Criminal Code of the Republic of Lithuania, are analysed. (shrink)

Patriarchal institutions govern all aspects of women's lives: their minds, their bodies, and their souls. Additionally, they govern the ways in which women are perceived by others and the ways in which women perceive themselves. (Re) Interpretations: The Shapes of Justice in Women's Experience, is a collection of essays on language, religion, war, sex trafficking, and medicine-the patriarchal structures that form the basis of western society and, thus, are in many ways inherently unjust. The essays illustrate the multitude of (...) ways that women have found to work within and without these structures to create justice. Traditional theories of justice cast it as a cardinal virtue, unbiased and impartial. The essays in this book, however, remove justice from the abstract and return it to the specific: most of the essays use personal narratives to highlight the connections all people share. The women discussed here are challenging the authority of existing patriarchal narratives by telling their versions, and, thus, calling attention to and challenging their own political and social realities. Reflecting a focus on global connectedness and interdisciplinarity, the writers of these essays aim not only to raise questions, but also to show ways in which women are creating new pathways for themselves. Only by exploring solutions will women reclaim justice. From L.A. to Zimbwabe, women have stories to tell about their experiences of justice in the inherently patriarchal institutions of Language, Religion, War, Sex Trafficking, and Medicine. This relevant and thought-provoking collection captures the trials that women across the world face and the hope they create through their courageous actions. Through both personal narrative and factual overview, these essays emphasize that as people committed to justice, women must not simply raise the questions, but they must also explore solutions in order to reclaim justice for themselves, their daughters, their sisters, and their mothers. Contributors: Yifat Bitton, Stephany Ryan Cate, Jo Scott-Coe, Susan Dewey, Carmela Epright, Carmen Faymonville, Adam Gaynor, Pauline Greenhill, Denise Handlarski, Alison Jobe, Marc J.W. de Jong, Jodie M. Lawston, Jody Lisberger, Kristy Maher, Susan Maloney, Mickias Musiyiwa, Ruben Murillo, Annemarie Profanter, Natalie Wilson, and J. Carter Wood. (shrink)

Since the collapse of the Berlin wall, women and girls have been trafficked from central and eastern Europe to work as prostitutes in the European Union. This paper looks at the response of the international community to the problem of sex trafficking as it impacts on the EU. The focus is on criminal justice intervention with respect to protection of and assistance to ‘victims’, and a specially witness protection, in the light of the following: the tensions and promises between (...) treatment of trafficked women as ‘victims’ of crime and criminal justice informants; and the need to re-focus on a ‘woman-centred’ approach to criminal justice intervention for trafficked women. Given the diverse nature of law and criminal justice practice between EU Member States, the paper necessarily presents a generic critique of current EU and international ‘best practice’ recommendations, with some commentary on practice based on the author's research, with respect to what ‘gold standards’ of practice offer in theory and what is delivered in reality. The question of ‘victim-centred’ justice and/or ‘woman-centred’ justice is raised in an effort to promote effective policy recommendations. (shrink)

This article focuses on examining the situation of organ trafficking in Africa from the aspect of pragmatist ethics. In the mainstream thought, the broader ethical dilemma of organ trafficking is viewed within the moral contestation of altruism as a rule for organ procurement and the resulting worldwide organ shortage. The incapability of altruistic transplant orthodoxy to serve as an applicable foundation for a public policy is considered as a reason for organ trafficking. In fact, to battle organ (...) trafficking, utilitarian-inclined studies suggest organ selling, compensated donations, and non-directed paid donations as practical alternatives. However, when investigating the context of organ trafficking in Africa, the issue goes beyond the mere moral dilemma of altruism and organ shortage. In the region, organ trafficking is rooted within more systemic, structural, socio-economic, and political problems, grounded in the abuse of transplantation, and connected to transplant tourism and migration, which needs a pragmatic multimodal solutions than the earlier mainstream pathways. In pragmatist ethics, the moral assessment and solutions to the underlying problems depend on the context wherein the moral problem arises. Pragmatist ethics does not stick to absolute moral theories; instead, it focuses on the relevant assessment of the felt moral problem in a given context and aims at seeking solutions afresh. Thus, in the subsequent sections, this article looks at the context of organ trafficking in Africa and reassesses it by incorporating it into the ethical debates of transplantation and organ procurements and trading. The final part of this article reflects on solutions with the reconsideration of the context of transplantation and organ trafficking in the region. (shrink)

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in (...) women and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

While the effect of humanitarian intervention on the recurrence and intensity of armed conflict in a crisis zone has received significant scholarly attention, there has been comparatively less work on the negative externalities of introducing peacekeeping forces into conflict regions. This article demonstrates that large foreign forces create one such externality, namely a previously non-existent demand for human trafficking. Using Kosovo, Haiti, and Sierra Leone as case studies, we suggest that the injection of comparatively wealthy soldiers incentivizes the creation (...) of criminal networks by illicit actors. We theorize further that the magnitude of increase in trafficking should be directly proportional to the size of the foreign force, with larger forces producing larger increases. We find that both hypotheses hold with varying levels of confidence across our three case studies. Despite the benevolent intent of peacekeeping missions, the possibility that they may contribute to human trafficking for the purpose of sexual exploitation runs counter to the spirit of such interventions. This is especially problematic given that trafficking rings, once established, may be adapted to provide weapons and narcotics, thereby planting the seed of further destabilization. (shrink)

While the effect of humanitarian intervention on the recurrence and intensity of armed conflict in a crisis zone has received significant scholarly attention, there has been comparatively less work on the negative externalities of introducing peacekeeping forces into conflict regions. This article demonstrates that large foreign forces create one such externality, namely a previously non-existent demand for human trafficking. Using Kosovo, Haiti, and Sierra Leone as case studies, we suggest that the injection of comparatively wealthy soldiers incentivizes the creation (...) of criminal networks by illicit actors. We theorize further that the magnitude of increase in trafficking should be directly proportional to the size of the foreign force, with larger forces producing larger increases. We find that both hypotheses hold with varying levels of confidence across our three case studies. Despite the benevolent intent of peacekeeping missions, the possibility that they may contribute to human trafficking for the purpose of sexual exploitation runs counter to the spirit of such interventions. This is especially problematic given that trafficking rings, once established, may be adapted to provide weapons and narcotics, thereby planting the seed of further destabilization. (shrink)

En se concentrant sur la route transatlantique entre la France et Cuba, cet article explore les débats du début du xxe siècle sur la « traite des femmes » à travers les lunettes de l’histoire des migrations. Diverses sources attestent de la prédominance des prostituées, des proxénètes et des trafiquants français dans l’industrie du sexe à Cuba. La question de savoir si les Françaises étaient des migrantes entreprenantes ou des victimes de la traite reste cependant ouverte pour les contemporains. L’article (...) examine la migration prostitutionnelle comme une stratégie de survie pour les Françaises pauvres. Il envisage les options possibles pour traverser l’Atlantique et les types de pratiques sexuelles qu’elles vendent dans les bordels de La Havane. Il étudie le rôle des intermédiaires masculins dans la facilitation de la migration de la France vers les Amériques. Il présente in fine la façon dont se croisent, au milieu des années 1920, les efforts de lutte contre la traite et la législation cubaine sur l’immigration. (shrink)

ABSTRACT:The language of virtue is gaining wider appreciation in the philosophical, psychological, and management literatures. Ethicists and social scientists aim to integrate normative and empirical approaches into a new “science of virtue.” But, I submit, they are talking past each other; they hold radically different notions of what a virtue is. In this paper, I shall examine two conflicting conceptions of virtue, what I call the reductive and the non-reductive accounts of virtue. I shall critically study them and argue that (...) the non-reductive view is the best philosophical account of virtue and the only one that can account for the way we talk about virtue in business and in everyday life. We can only understand what it means to act virtuously through the examination of the attitudes, beliefs, desires, and inclinations of the virtuous agent. I shall illustrate the differences between the reductive and non-reductive accounts by considering the virtue of gratitude. (shrink)

Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and (...) within the country for involuntary servitude as child soldiers, domestic servants, circus entertainment, and factory workers. Nepal and India are both signatories to international conventions and bound by domestic law to combat trafficking, and yet, this scourge continues. There are many laws in place, both in Nepal and India, which regulate the trafficking and prostituting of girls and women. This article looks at how effective these laws and regulations actually are and will look at the reasons for the continuation of trafficking. Despite the formal recognition of girl trafficking as a major problem and the existence of laws to curtail it, trafficking continues. The major problem with Nepal’s and India’s domestic laws is in the lack of enforcement. Finally, this article will look at ways to fight trafficking and make the governments of India and Nepal more effective in their fight against trafficking. (shrink)

Human trafficking is increasingly recognized as an outcome of economic insecurity, gender inequality, and conflict, all significant factors in the region of southern Africa. This paper examines policy responses to human trafficking in southern Africa and finds that there has been a diffusion of international norms to the regional and domestic levels. This paper finds that policy change is most notable in the strategies and approaches that differ at each level: international and regional agreements emphasize prevention measures and (...) survivor assistance, but national policies emphasize prosecution measures. Leaders across the region have adapted these policy norms to fit regionally specific conditions, including HIV/AIDS, conflict, traditional leaders, and prostitution. Yet, national policies often fail to incorporate preventative solutions to address gender inequality, human rights, and economic development. Until appropriate funding and preventative measures are introduced, the underlying issues that foster human trafficking will continue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Scepticism About Persons in Book II of Hume’s TreatiseDonald C. AinslieBook ii of Hume’s Treatise—especially its first two Parts on the “indirect passions” of pride, humility, love, and hatred—has mystified many of its interpreters.1 Hume clearly thinks these passions are important: Not only does he devote more space to them than to his treatment of causation, but in the “Abstract” to the Treatise, he tells us that Book (...) II “contains opinions that are altogether as new and extraordinary” (T 659) as those found in Book I. And, he says, these opinions constitute “the foundation” (T 646) for his treatment of morals and politics in Book III.2 The mystery arises, however, because in the actual text of [End Page 469] Book II Hume never spells out what makes his opinions on the passions “new and extraordinary,” nor why they are foundational for his moral theory.Thus some of his interpreters, notably Norman Kemp Smith, conclude that Hume was simply mistaken in his assessment of his treatment of the passions. While his accounts of the will and of motivation (in the early Sections of Part iii of Book II) are significant, Kemp Smith takes the extended analysis of the indirect passions to spring merely from his misplaced enthusiasm for associationist psychology. As such, the philosophical lessons to be learned from the first two Parts of Book II are slim.3 Páll Árdal, in contrast, tries to construct for Hume what he seems to have omitted—a philosophical rationale for his obvious interest in the indirect passions. Árdal starts by drawing attention to the role these passions play in Hume’s moral philosophy, in particular, his repeatedly connecting the indirect passions to the moral sentiments of approval and disapproval. Árdal concludes that Hume means to equate the moral sentiments with particular kinds of indirect passions. The first two Parts of Book II are of interest, on Ardal’s reading, because it is there that he shows us how moral sentimentalism can be founded on something more fully naturalistic than Hutcheson’s somewhat mysterious “moral sense.”4I argue against Árdal’s interpretation in §2. But this reopens the problem of accounting for Hume’s interest in the indirect passions. I offer my view in §§3–5 where, like Árdal, I provide a reconstruction of Hume’s discussion of these passions in order to show how it has an underlying philosophical motivation. My claim is that Hume relies on the indirect passions to explain how we form beliefs about persons as bearers of features that make them into who [End Page 470] they are. It is by feeling an indirect passion towards someone that we think of her as more than accidentally related to some quality, such as her country, her riches, her family, or even her character traits. In support of my interpretation I point to the many parallels Hume draws between the indirect passions and the associative mechanism he offers to explain our forming causal beliefs (I.iii). And I suggest that, just as Hume’s associative explanation of causal beliefs is necessitated by his scepticism about intrinsic “necessary connexions,” so also his associative mechanism for our beliefs about persons—the indirect passions—is necessitated by a certain kind of scepticism about persons. This is not the scepticism about persons that we find in “Of personal identity” (I.iv.6), where Hume argues against the view that our perceptions inhere in a simple soul; it is rather a scepticism about there being intrinsic features of persons that define them as who they are.But, before I explain in more detail what my claim amounts to, it will help to have available a brief description of the mechanism that Hume’s takes to explain the indirect passions.1. THE MECHANISM FOR THE INDIRECT PASSIONSA passion, for Hume, is a simple impression felt in response to various circumstances. Because of their simplicity, we cannot define passions by putting their characteristic feeling into words; instead, Hume thinks, we can only delineate “such circumstances, as attend them” (T 277). Passions are indirect if those circumstances include as an outcome the focusing of attention onto a person... (shrink)

Gilbert et al. argue that the neuroethics literature discussing the putative effects of Deep Brain Stimulation on personality largely ignores the scientific evidence and presents distorted claims that personality change is induced by the DBS stimulation. This study contributes to the first-hand primary research on the topic exploring DBS clinicians’ views on post-DBS personality change among their patients and its underlying cause. Semi-structured interviews were conducted with sixteen clinicians from various disciplines working in Australian DBS practice for movement disorders and/or (...) psychiatric conditions. Thematic analysis of the interviews revealed five primary themes: 1) types, frequency and duration of personality change, 2) causes of personality change, 3) impact on patient and family, 4) communication, comprehension and awareness, and 5) management. Clinicians described a variety of personality changes in Parkinson’s disease following DBS including irritability, impulsivity and impaired decision-making. The frequency of personality change seen in patients varied amongst clinicians, but changes were overwhelmingly transient. Clinicians considered both DBS stimulation and additional factors as inducing personality change. For DBS patients with major depressive disorder, a restoration of pre-morbid personality was associated with alleviation of illness. Considerations for future research of personality change following DBS include selecting suitable tools for quantitative examination and developing a common language between the scientific and ethics communities. Clinical implications including recommendations for the informed consent process for patients and families and clinicians’ management of personality change are discussed. (shrink)

Gilbert et al. argue that the neuroethics literature discussing the putative effects of Deep Brain Stimulation on personality largely ignores the scientific evidence and presents distorted claims that personality change is induced by the DBS stimulation. This study contributes to the first-hand primary research on the topic exploring DBS clinicians’ views on post-DBS personality change among their patients and its underlying cause. Semi-structured interviews were conducted with sixteen clinicians from various disciplines working in Australian DBS practice for movement disorders and/or (...) psychiatric conditions. Thematic analysis of the interviews revealed five primary themes: 1) types, frequency and duration of personality change, 2) causes of personality change, 3) impact on patient and family, 4) communication, comprehension and awareness, and 5) management. Clinicians described a variety of personality changes in Parkinson’s disease following DBS including irritability, impulsivity and impaired decision-making. The frequency of personality change seen in patients varied amongst clinicians, but changes were overwhelmingly transient. Clinicians considered both DBS stimulation and additional factors as inducing personality change. For DBS patients with major depressive disorder, a restoration of pre-morbid personality was associated with alleviation of illness. Considerations for future research of personality change following DBS include selecting suitable tools for quantitative examination and developing a common language between the scientific and ethics communities. Clinical implications including recommendations for the informed consent process for patients and families and clinicians’ management of personality change are discussed. (shrink)

The ethical principle of ‘respect for persons’ in clinical research has traditionally focused on protecting individuals’ autonomy rights, but respect for participants also includes broader, although less well understood, ethical obligations to regard individuals’ rights, needs, interests and feelings. However, there is little empirical evidence about how to effectively convey respect to potential and current participants. To fill this gap, we conducted exploratory, qualitative interviews with participants in a clinical genomics implementation study. We interviewed 40 participants in English or (...) Spanish about their experiences with respect in the study and perceptions of how researchers in a hypothetical observational study could convey respect or a lack thereof. Most interviewees were female, identified as Hispanic/Latino or non-Hispanic white, reported annual household income under US$60 000 and did not have a Bachelor’s degree ; 30% had limited health literacy. We identified four key domains for demonstrating respect: personal study team interactions, with an emphasis on empathy, appreciation and non-judgment; study communication processes, including following up and sharing results with participants; inclusion, particularly ensuring materials are understandable and procedures are accessible; and consent and authorisation, including providing a neutral informed consent and keeping promises regarding privacy protections. While the experience of respect is inherently subjective, these findings highlight four key domains that may meaningfully demonstrate respect to potential and current research participants. Further empirical and normative work is needed to substantiate these domains and evaluate how best to incorporate them into the practice of research. (shrink)

Down syndrome (DS) impacts several brain regions including the hippocampus and surrounding structures that have responsibility for important aspects of navigation and wayfinding. Hence it is reasonable to expect that DS may result in a reduced ability to engage in these skills. Two experiments are reported that evaluated route-learning of youth with DS, youth with intellectual disability (ID) and not DS, and typically developing (TD) children matched on mental age (MA). In both experiments, participants learned routes with eight choice point (...) presented via computer. Several objects were placed along the route that could be used as landmarks. Participants navigated the route once with turn indicators pointing the way and then retraced the route without them. In Experiment 1 we found that the TD children and ID participants performed very similarly. They learned the route in the same number of attempts, committed the same number of errors while learning the route, and recalled approximately the same number of landmarks. The participants with DS performed significantly worse on both measures of navigation (attempts and errors) and also recalled significantly fewer landmarks. In Experiment 2, we attempted to reduce TD and ID vs DS differences by focusing participants’ attention on the landmarks. Half of the participants in each group were instructed to identify the landmarks as they passed them the first time. The participants with DS again committed more errors than the participants in the ID and TD groups in the navigation task. In addition, they recalled fewer landmarks. While landmark identification improved landmark memory for both groups, it did not have a significant impact on navigation. Participants with DS still performed more poorly than did the TD and ID participants. Of additional interest, we observed that the performance of persons with DS correlated with different ability measures than did the performance of the other groups. The results the two experiments point to a problem in navigation for persons with DS that exceeds expectations based solely on intellectual level. (shrink)

In this volume, a diverse group of world experts in personality assessment showcase a range of different viewpoints on response distortion. Contributors consider what it means to "fake" a personality assessment, why and how people try to obtain particular scores on personality tests, and what types of tests people can successfully manipulate. The authors present and discuss the usefulness of a range of traditional and cutting-edge methods for detecting and controlling the practice of faking. These methods include social desirability scales, (...) warnings, affective neutralization, unidimensional and multidimensional pairwise preferences, decision trees, linguistic analysis, situational measures, and methods based on item response theory. The wide range of viewpoints presented in this book are then summarized, synthesized, and evaluated. The authors make practical recommendations and suggest areas for future research. Anyone who wonders whether people exaggerate or lie outright on personality tests -- or questions what psychologists can and should do about it -- will find in this book stimulating questions and useful answers. (shrink)