The purpose of this memo is to outline several strategies for promoting the use of specialized courts to identify and restore human trafficking victim offenders through a human rights lens. The approaches outlined here would allow for modification and adoption of the CATCH model on an international level through the use of human rights advocacy strategies.
Overview
The Changing Actions to Change Habits (CATCH), based in Franklin County, OH, is a specialized docket that offers a structured program to women who have been convicted of solicitation as a result of sex-trafficking. The goal of CATCH is to provide a place of acceptance and belief in her ability to be transformed out of dependency and into freedom. The two-year program
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CATCH could partner with an organization like the International Justice Mission (IJM) which has experience with writing in-depth studies, papers, and articles. IJM and CATCH court could target the Special Rapporteur on trafficking in persons, especially women and children or Commissioner Margarette May Macaulay who is the Rapporteur on the Rights of Women. IJM, with the assistance of CATCH, could then submit supports to the special Rapporteur encouraging her to recommend the implementation of the CATCH model in other countries. Unfortunately, this can be a controversial approach because country reports are usually done in response to alleged human rights violations, which can lead to resistance form the country being investigated. However, since it is unlikely the alleged human rights violation would be about sex trafficking victim offenders, the suggestion of this model may be less likely to offend. This method would be beneficial if wanting to focus on one country to launch the CATCH model. In addition, if working with one country it may be easier to get accurate data on incarceration rates of human trafficking victim offenders in than if simply presenting before a committee or treaty body that focuses on multiple countries with the same thematic topic. However, the countries who are being reported on may be less likely to implement the
Human trafficking is one of the many faces of organized crime. Human trafficking is a broad term which contains trafficking for the purpose of sex along with the exploitation of labor. Currently, there are 20.9 million victims of sex slavery (Stacy.j.cecchet 2014 482) whom have or are suffering suffer inhumane circumstances and consequences. Sex trafficking is one of the largest criminal activities in the world (Stacy 249). Vulnerable women and children are taken advantage of and thrown into sex slavery, yet there is no explanation available as to how women and children are taken and thrown into the industry within countries such as Canada and the United States of America (482 Stacy j Cecchet 2014), which have human rights protection. Sex slavery leaves everlasting mental and physical effects on the abused women and children being trafficked. Even though sex trafficking is a crime it is also, for a lack of better words, an industry which would cease to exist if it was not for the supply and demand for women and children.
Out of the thousands of people that have been human trafficking victims each year, only an insignificant amount of them is actually reported. Imagine being in 8th grade. Having all sorts of hopes and dreams. Now flash forward to dreams being taken away by a pimp that lures people into human trafficking. In short, this is true for Holly Austin Smith, a survivor of human trafficking. The punishment for the pimps that ruin the lives of these young girls is not severe. Therefore, there is not much help for the girls after they get rescued from this tragedy. A realization Holly had soon on and explains, “...Although I was soon recognized to be a victim, the specialized aftercare needed for a trafficking victim did not yet exist... Twenty years ago, there were no anti-trafficking laws in place. This pimp, who raped and lured a child into prostitution, served only 365 days in jail” (Smith). This young girl had recovered from this horrible incident all by herself. Many other girls in her position have gone through similar experiences and have been hurt by their pimp. In addition, the pimp will not receive much punishment. A sad story repeated across America and is very prominent in other countries. In America, most of the time victims are the ones that usually serve time in jail since in some cases it’s considered prostitution, even if it was forced by the pimp. In most cases, the pimps stay uncovered and if the victims of trafficking come forward as to who their pimp is, they
Advocating for better laws is very important It is still a challenge for stakeholders to combat human trafficking. It is difficult for the stakeholders to combat human trafficking because of the disagreement of whether a human trafficking victims should be treated as a victim or suspect, or if human trafficking a global or regional issue (Kendall & Funk, 2016). With the development of better laws, the victims can be aided get out of the life style of human trafficking. It is very difficult for a victim to get out of human trafficking due to the threats of harming the victim and the people that are close to them. With better laws, education programs about human trafficking can be developed for the victims and people to recognize the signs of a person being a victim of human trafficking. Another reason that laws need to be developed are with the development of the laws the victims could be able to get restitution to be able to get back on their feet and be able to survive being a human trafficked victim. Hotline postings would not be available unless the development of laws to get the public involved in recognizing that a person is being human trafficked and if the hotline was not available the victims themselves could call the hotline to find out how to get help of the situation, but also to let law enforcement
In today’s day and age human trafficking is a serious problem that is only getting worse as we become more technologically advanced. It is easy to transport human beings across the border, on ships, and into foreign countries. Women, children, and even men are the victims of these individuals. These poor souls stolen for the sex trade or for physical labor as a slave in modern world. As our enemies become more sophisticated in their evil craft, so must our law enforcement and investigation agencies. In order to stay up to par with the enemy these organizations make sure they stay up to date with the most advanced programs, tools, and systems in order to not only catch those responsible for mayhem, but to give a sense of justice to those who were wronged in the first place. We begin with a history of what human trafficking is, some current cases that were followed by the world, and way we fight the enemy and counteract their form of terrorism.
The recognition and development of human rights has dramatically changed internationally and domestically due to the constant change in societies needs, wants and values. Over the past 20 years many human rights have been implemented and recognized by various legal and non-legal measures to protect, promote and enforce these rights. The world has made great progress in identifying violations of individuals and societies human rights and has provided great efforts through legal and non-legal measures to protect issues that arise. There are a range of contemporary human rights issues that are being addressed domestically and internationally. One of the issues is the development of human trafficking and slavery. The United Nations defines human trafficking as “the recruitment, transportation, transfer, harboring, or receipt of persons by improper means (such as force, abduction, fraud, or coercion) for an improper purpose including forced labor or sexual exploitation". In order to correctly evaluate the effectiveness of Non- legal and legal measures in addressing these contemporary issues international and domestic efforts must be considered.
Human trafficking, as defined in the Protocol to Prevent, Suppress and Punish Trafficking in Persons (Trafficking Protocol) is the ‘recruitment, transportation or receipt of persons by means of threat or force for the purpose of exploitation.’ This torturous crime committed universally severely violates human rights, with the United Nations Human Rights Office expressing violations of the right to life, the right not to be submitted to slavery and the right not to be subjected to torture or degrading treatment. Specifically, the United Nations Trafficking Protocol and the Australian Government’s Criminal Code Amendment (Trafficking in Persons Offences) Act 2005 are somewhat effective in their promotion and enforcement of human rights, reflected
Also, there is the matter of trust and fear. Victims are often, for example, frightened to believe they can accept help without owing something back. Some survivors are too afraid because they fear their traffickers too much to accept any services. Furthermore, it aggravates victims to find out that the time is takes for cases to be prosecuted and to gain protections is very extensive. Intensifying the existing laws to better defend human trafficking victims is critical.The United States Government, in 2000, certified the Victims of Trafficking and Violence Protection Act. This act helps prosecute traffickers and support victims. Since then the number of recognized victims of trafficking has risen as well as trials and social service providers working with survivors. Because of this it gives researchers an opportunity to track and study the issue deeper and come up with new solutions (Family Violence Prevention Fund, 2005).
This is difficult because many governments are reluctant to admit the existence or extent of trafficking in their countries. Some have no laws that prohibit trafficking and punish traffickers, or programs to identify, rescue and rehabilitate victims. Others do not enforce existing laws or lack the resources to effectively combat trafficking. The most powerful tool the Foreign Service relies on to convince foreign governments to improve their efforts to end human trafficking is the annual Trafficking in Persons Report ("TIP Report"). The TIP Report, released by the State Department's Office to Monitor and Combat Trafficking in Persons ("G/TIP Office"), details the extent of human trafficking in each country. It also suggests specific steps to combat trafficking. Countries that have not made sufficient efforts are placed on a Special Watch List, and given a period of time within which to commence action or risk the loss of United States aid (2004 Victims). Following release of the TIP Report, many governments are motivated to call upon FSO's for assistance in creating sustainable anti-trafficking strategies. Direct engagement with government officials allows FSO's in the field to share model legislation or suggest ways to strengthen existing laws. They work closely with host governments to develop culturally sensitive anti-trafficking awareness campaigns and victim
The areas are as follows, sex trafficking, sex trafficking of minors, and labor trafficking. This allowed researchers to narrow in on a topic and allowed them the opportunity to really retain information that would be helpful in the reduction of human trafficking (Wolf-Branigin, 2010, pp. 424-436). It is known that there are many cases that go undocumented. With this being known there are not many legal services available because limited access to the services (Wolf-Branigin, 2010, pp. 424-436). Although there are many cases that go undocumented, the number of reports that are taking place are increasing. Between 2001 and 2006 prosecutors charged 189 perpetrators of human trafficking (Wolf-Branigin, 2010, pp. 424-436). This is an increase of 65 person from the previous years. (Wolf-Branigin, 2010, pp. 424-436).
Policies and regulations to combat human trafficking are motivated by diverse concerns; the concern for the humanity of those who are exploited and the concern for the United States’ economy as it participates in the importation of goods from countries who are knowingly active in the various forms of exploitive work. The following policies have been staples in the movement to combat not just a national but a global issue.
The U.S. Department of State reported there’s an estimate of 20.9 million victims of human trafficking. Human trafficking is many occurrences that happen unnoticed anywhere, anytime causing undescribed and inhuman events to the victims. Victims of human trafficking are unable to escape from the life of being raped, beaten, and violated constantly; however, with the support of the government and people around the world, we can help stop it.
Human trafficking, also known as the modern-day form of slavery is a global problem, a national problem, a state problem, and a local problem. Research findings revealed that one of the major challenges faced in fighting human trafficking is lack of awareness and education among the public (Johnstone, 2018). Most often, trafficking is underreported due to its nature, definitional differences or variations, and misconceptions held by the public. Often people in the United States believe human trafficking is a problem in undeveloped countries, sorry to say that is not the case.
Many Americans remain ignorant of human trafficking within the United States, believing that this inhumane act only occurs in third-world countries. No one likes to believe that it can be happening in our own country let alone in some of our own states and cities. Society rarely takes the time to understand these women and what lead them into trafficking and what factors contributed to them staying in trafficking. This study seeks to voice the ability to raise awareness, enhance penalties for the traffickers/violator’s, and offer rehabilitation for the victims.
In order to overcome human trafficking, it is imperative to give adequate support and protection needed to the victims. Support and protection prevent the victims from relapsing and risking their lives by getting involved again. Without the encouragement and care after a traumatic experience, it is probable for the victims to lose hope and fall back into their previous doings that
Currently there are approximately 21 million people being trafficked globally including 1.5 million in the United States. The United Nations in the year 2000 created the Palermo Protocol to help fight human trafficking. This protocol sets up the policies that should be implemented by each country regarding the laws and prevention, as well as, rehabilitation and restitution of victims. Despite the protocol, the number of convictions globally between 2005 and 2012 averaged less than 4,000 (Infographic, 2017).