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Eradicating Human Trafficking: Culture, Law and Policy
Series: - Studies in Intercultural Human Rights, Volume: 11
Author:
With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors may be fueling human trafficking beyond what the law can curtail. The study reveals cultural elements that conflict with existing anti-human trafficking laws across three case studies (United States, India and Costa Rica). There is no simple answer or a single solution to stop or significantly reduce the crime, but a pragmatic, multi-disciplinary, and human rights approach to the problem may bring to light that, efforts to curtail human trafficking will be in vain if we rely on law alone. A fundamental shift in culture is imperative.
Dr. DeBellis holds a J.S.D. in Intercultural Human Rights (2021) from St. Thomas University College of Law in Miami, FL, where she served as Co-Editor-in-Chief of the Intercultural Human Rights Law Review. She works as consultant to various organizations.
Foreword
Acknowledgements
Introduction
1 Human Trafficking and Culture: A Fracture in the Justice System? Delimitation of the Problem
1 Trafficking in Human Beings in Light of Culture
2 Defining Culture
A Case Study: The Culture of Trafficking in the United States
i Migration in the Context of Labor Trafficking
ii Sporting Events
iii Culture of “Boys Will Be Boys”
iv The Role of Pornography
B Case Study: The Culture of Trafficking in India
i Social Strata in the Midst of Culture
ii Jogini: Cultural Bride or Servant Prostitute of the Gods
C Case Study: The Culture of Trafficking in Costa Rica
i Machismo: Grounds for Fostering a Culture of Abuse
ii A Darker Side of Tourism
3 Culture and Globalization
A Labor and Multinational Corporations
B Organized Crime
C Technology
D Consumer Culture of Lust and Power
E Cultural Dimensions of the Quality of Law
2 Viewpoints, Interests and Claims from a Global Perspective Conflicting Claims: Claimants, Perspectives, Identifications and their Bases of Power
1 Government, Law Enforcement and Legal Community.
2 Corporations
3 Traffickers
4 Consumers of the Outcome of Trafficking: The Johns; Labor Exploiters; the Demand
5 Victims
6 ngo s, Nonprofit and Advocacy Groups
7 Religion
3 Cultural Attitudes Amidst Human Trafficking Law & Policy Identifying Past Trends in Authoritative and Controlling Decisions and their Conditioning Factors
1 Human Trafficking – International Framework
A A Historical Look at Law-Making
B Modern-Day Approach: The Palermo Protocol
2 Regional Protection against Human Trafficking
3 Domestic Prescriptions against Human Trafficking
A Case Study: United States
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
B Case Study: India
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
C Case Study: Costa Rica
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
4 Battle between Law and Culture Consent Prediction of Future Decisions Based on the Changed and Changing Conditioning Factors
1 Forecasting the Future
A Power Play: Impunity
B Legislation: Enacting with Holistic Reason
C Economics: Following a Trail
D Religion: A Sleeping Giant Leadership
E Cultural Attitudes: A Tacit and Dangerous Consent
i Projections in the Context of the United States
ii Projections in the Context of India
iii Projections in the Context of Costa Rica
iv Projections in the Context of Global Cultural Factors
5 Toward a Culture Shift: Upholding Dignity and Human Rights Appraisal, Alternatives and Recommendations
1 A Common Thread: Corruption of the Human Being
A Technology: Threat and Weapon
2 Pivotal Point: Change the Paradigm
3 Agents of Change: Building a Culture
A Transparency and Collaboration
B Overcoming Vulnerability Barriers
C Educating a New Generation of Humans
4 Media and Technology: Framework Shift
5 Conclusion: Justice and Dignity, A Cultural Balancing Act
Index 257
Acknowledgements
Introduction
1 Human Trafficking and Culture: A Fracture in the Justice System? Delimitation of the Problem
1 Trafficking in Human Beings in Light of Culture
2 Defining Culture
A Case Study: The Culture of Trafficking in the United States
i Migration in the Context of Labor Trafficking
ii Sporting Events
iii Culture of “Boys Will Be Boys”
iv The Role of Pornography
B Case Study: The Culture of Trafficking in India
i Social Strata in the Midst of Culture
ii Jogini: Cultural Bride or Servant Prostitute of the Gods
C Case Study: The Culture of Trafficking in Costa Rica
i Machismo: Grounds for Fostering a Culture of Abuse
ii A Darker Side of Tourism
3 Culture and Globalization
A Labor and Multinational Corporations
B Organized Crime
C Technology
D Consumer Culture of Lust and Power
E Cultural Dimensions of the Quality of Law
2 Viewpoints, Interests and Claims from a Global Perspective Conflicting Claims: Claimants, Perspectives, Identifications and their Bases of Power
1 Government, Law Enforcement and Legal Community.
2 Corporations
3 Traffickers
4 Consumers of the Outcome of Trafficking: The Johns; Labor Exploiters; the Demand
5 Victims
6 ngo s, Nonprofit and Advocacy Groups
7 Religion
3 Cultural Attitudes Amidst Human Trafficking Law & Policy Identifying Past Trends in Authoritative and Controlling Decisions and their Conditioning Factors
1 Human Trafficking – International Framework
A A Historical Look at Law-Making
B Modern-Day Approach: The Palermo Protocol
2 Regional Protection against Human Trafficking
3 Domestic Prescriptions against Human Trafficking
A Case Study: United States
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
B Case Study: India
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
C Case Study: Costa Rica
i Trafficking Legislation and Its Conditioning Factors
ii Conditioning Factors Hampering the Effectiveness of Trafficking Legislation
4 Battle between Law and Culture Consent Prediction of Future Decisions Based on the Changed and Changing Conditioning Factors
1 Forecasting the Future
A Power Play: Impunity
B Legislation: Enacting with Holistic Reason
C Economics: Following a Trail
D Religion: A Sleeping Giant Leadership
E Cultural Attitudes: A Tacit and Dangerous Consent
i Projections in the Context of the United States
ii Projections in the Context of India
iii Projections in the Context of Costa Rica
iv Projections in the Context of Global Cultural Factors
5 Toward a Culture Shift: Upholding Dignity and Human Rights Appraisal, Alternatives and Recommendations
1 A Common Thread: Corruption of the Human Being
A Technology: Threat and Weapon
2 Pivotal Point: Change the Paradigm
3 Agents of Change: Building a Culture
A Transparency and Collaboration
B Overcoming Vulnerability Barriers
C Educating a New Generation of Humans
4 Media and Technology: Framework Shift
5 Conclusion: Justice and Dignity, A Cultural Balancing Act
Index 257
This book would be of interest to academic institutions, libraries, organizations, private and public sector stakeholders, law enforcement and students across various disciplines including business, humanities, natural and applied sciences and social sciences.