Human trafficking in the Netherlands: trends and recent developments

Notwithstanding the lift on the ban of brothels in the Netherlands during 2000, the introduction of the integral approach and other efforts to fight human trafficking; this trade still continues to exist within the licensed sector. Simultaneously, prostitution increasingly moved to Dutch cities with less strict regulations or control, and also to more invisible realms (escort services, internet). ICT facilitate this backstage informal sex work by offering a fluid, flexible, dynamic podium that is difficult to control. The internet is increasingly used by traffickers in order to recruit potential victims, to blackmail victims with images or by exploiting victims through webcam exposure. In 2005, human trafficking was extended in law towards exploitation in all labor sectors and, in 2011, illegal stay was criminalized in the Netherlands. This criminalization could hinder the fight against human traffickers.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

Sex Estimation from Human Cranium: Forensic and Anthropological Interest of Maxillary Sinus Volumes

Sex estimation is a key objective of forensic science. We aimed to establish whether maxillary sinus volumes (MSV) could assist in estimating an individual's sex. One hundred and three CT scans were included. MSV were determined using three‐dimensional reconstructions. Two observers performed three‐dimensional MSV reconstructions using the same methods. Intra‐ and interobserver reproducibility were statistically compared using the intraclass correlation coefficient (ICC) (α = 5%). Both intra‐ and interobserver reproducibility were perfect regarding MSV; both ICCs were 100%. There were no significant differences between right and left MSV (p = 0.083). No correlation was found between age and MSV (p > 0.05). We demonstrated the existence of sexual dimorphism in MSV (p < 0.001) and showed that MSV measurements gave a 68% rate of correct allocations to sex group. MSV measurements could be useful to support sex estimation in forensic medicine.     

Smuggling and Trafficking in Human Beings: The Phenomenon, The Markets that Drive It and the Organisations that Promote It

This article will define the concepts of smuggling and trafficking in human beings and discuss the difficulty in applying the definition. The magnitude and scope of the problem will be examined as well as its causes. Trafficking in human beings will be analysed as an illegal market, particularly with reference to its relationship with other illegal markets and the involvement of organised crime groups. The phenomenon will be discussed in more depth focusing on countries and regions where projects are currently being implemented under the auspices of the United Nations Global Programme against Trafficking in Human Beings. The discussion closes with an overview of situations which facilitate the practice, and current measures and recommendations to stem the tide of smuggling and trafficking.     

Smuggling wildlife in the Americas: scale,methods, and links to other organised crimes

International wildlife trafficking has garnered increased attention in recent years with a focus on the illicit trade in ivory, rhinos, and other animals from Africa and Asia. Less is known about trafficking in the Americas. By conducting a systematic review of academic literature, popular accounts, and government reports, this case study attempts to identify the scope and methods of wildlife trafficking in the Americas and its connections to organised crime. Unlike arms or drug smuggling, individual operators with minimal connections to other criminal activities dominate the trade. Most perpetrators work independently and have expertise and interests in legitimate businesses involving animal products. Methods of concealment are frequently rudimentary and little appears to be known about primary trafficking routes. Overall, wildlife smuggling in the Western Hemisphere appears to be a small-scale activity, small in its aggregate amounts, and strongly linked to legitimate businesses operating in a low risk and technologically narrow environment.     

The sex industry,human trafficking and the global prohibition regime: a cautionary tale from Greece

Using the concept of global prohibition regimes as an analytical point of departure, this article interrogates the development and results of the agitation campaign that relayed the new global prohibition regime against trafficking for sexual exploitation in Greece after 1995. In line with the international trend towards the issue of trafficking in the 1990s, the Greek campaign has been successful in shaping perceptions of the change in the Greek sex industry on the basis of an equation of prostitution, trafficking and transnational organized crime, and it also successfully capitalized on transnational supports to induce changes in legislation and public policy. However, a critical examination of the Greek situation suggests that there is a considerable discrepancy between the above conceptualisation and the knowledge of the issue emerging from the activities of criminal justice agencies. The examination of the general conditions of economic exploitation and social marginalization of migrants in Greece in the 1990s and after reveals significant homologies between the social organization of the sex industry and other sectors of the economy that have depended on migrant labour. This result underscores the nature of the idea of organized crime as an ideological construct acting as a diversion from more substantive paths of inquiry into the structures of national economy that bear upon the exploitation of sexual labour.

The Promised Land: A Study of Trafficking in Women from Central and Eastern Europe to the Netherlands

This study on trafficking in women from Central and Eastern Europe explores the contextual factors, the characteristics, and the motivation of victims as well as the methods of traffickers. A combination of rational choice theory, strain theory and social control theory forms the theoretical framework of our research. Based on information from experts in the field, interviews with victims, questionnaires, a study of dossiers and a search of the literature, we developed a typology of victims, which may be helpful for prevention and law enforcement.     

Sex,Statistics, Peacekeepers and Power: UN Data on Sexual Exploitation and Abuse and the Quest for Legal Reform

The UN Secretariat provides annual statistics on allegations of sexual exploitation and abuse made against peacekeeping personnel, with reduced numbers of allegations leading to claims of success for the UN's ‘zero tolerance’ policy. This article explores the use of data as ‘technologies’ of global governance, to examine the function that these annual statistics serve for the UN and the impact that they have on calls for legal reform. Thus far, the statistics have attracted little academic appraisal. Yet, they have been used to establish the UN's authority to resolve the ‘problem’ of sexual exploitation and abuse, diminishing the space for critique of UN policy and undermining the quest for improved legal arrangements.     

从传统到现代：性法律理念的更新与调整方式的转换

在传统的农业经济社会,性更多地表现为义务、责任和特权,很难形成系统的性权利观念与实践,与此相应,性法律必然以义务为本位。在现代的市场经济社会,物质生活水平的提高促进了人的性需求量的增加,生产和生活方式的更新改变了性行为的个体模式,科学技术的发展拓展了性行为的自主空间。在这样的社会条件下,民众的性权利意识开始崛起和成熟,与此相应性法律应该以权利为本位。面对这样的社会变迁,中国当代的性法律必须实现立法理念的更新与调整方式的转换     

试论中国反贩运人口法律制度的完善

贩运人口是一种现代形式的奴役,严重侵害被贩运者的人权,危害社会和谐稳定。虽然有证据证明,中国的贩运人口情况很严重和需要加大对反贩运人口的法学研究,但是如何发展反贩运人口法律,仍然缺少系统的分析和严谨的论述。面对严峻的贩运人口犯罪形势,有必要完善反贩运人口法律制度,为打击贩运人口提供更为良好的法治环境。     

Ethics of Emotions as Ethics of Human Rights: A Jurisprudence of Sympathy in Adorno, Horkheimer and Rorty

This article considers in a different light the relationship between legal theory and ethics by means of an interpretation of the thought of Adorno and Horkheimer, and of the writings of Richard Rorty, as two moments of a marginal stream of ethics of passions that runs beneath the history of rationalist Western philosophy. It departs from the critique of Modernity as a dialectic of barbarism and civilisation, and from a genealogy of Auschwitz that finds its antecedents in Kantian morality. It also characterises modern culture as one of apathy and bourgeois stoicism, and establishes a link between the cold modern ethos and the dynamics of Nazi hardness. The article turns then to a consideration of some of the responses to the comprehensive crisis of Modernity: the imperative ‘Auschwitz never again’, Adorno’s ‘general enlightenment’ and Horkheimer’s ethics of sympathy. Finally it reflects upon Rorty’s proposal of sentimental education as an effective strategy to foster a human rights culture in Postmodernity, with the aim of bridging the tradition of moral sentiments and contemporary struggles for human rights. I am very grateful to Costas Douzinas, Sonia Romero, Shaun Haselhurst, David-Alexander Smith, José Bellido and the two anonymous referees for their comments, and to Alexander García-Düttman for his suggestions. This text is dedicated to Paul Gready.     

权利的张扬与追寻——2006年中国权利问题研究综述

2006年的中国权利研究,著述颇丰,学术研讨频率密集且范围广泛,呈现了多元化、立体化的趋势。人权研究生机勃勃,平等权是当下社会生活和权利研究中的一个关键词,农民、农民工等弱势群体的权利保护则是与平等权密切相关的热点问题。传统的权利研究继续深入,新兴权利的研究与日俱增,权利本位理论正在向现实论证扩展,有关权利的理论日益丰满。     

Confronting Religion: Veiled Witnesses,the Right to a Fair Trial and the Supreme Court of Canada's Judgment in R v N.S.

The Supreme Court of Canada's decision in R v N.S. is significant because the majority seems to endorse an understanding of confrontation that assumes a defendant's right to a fair trial is imperilled by a witness who seeks to give evidence while wearing the niqab. The case is of interest because it permits reflection upon the interrelationship between the right to a fair trial and the right to confront witnesses enshrined in Article 6 of the European Convention on Human Rights. Given that the European Court of Human Rights conceptualises confrontation in epistemic terms, it is argued that it would be unlikely to find that a conviction based upon evidence from a niqab‐wearing witness would infringe the right to a fair trial. This note examines the value of demeanour evidence and whether the majority in R v N.S. was correct that the abrogation of the ability to assess demeanour evidence necessarily undermines trial fairness.