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What’s in a Name?

What’s in a Name? This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Human Rights Law Review Brill

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2213-1027
eISSN
2213-1035
DOI
10.1163/22131035-00401003
Publisher site
See Article on Publisher Site

Abstract

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.

Journal

International Human Rights Law ReviewBrill

Published: Jun 11, 2015

Keywords: human trafficking; migrant smuggling; exploitation; consent; inhuman or degrading treatment; irregular migration

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