Every year, thousands of women from across the globe are uprooted from their homes and sold into sexual slavery (Kara, 2010). The situation is worse in the developing world where mechanisms to protect women from trafficking are either lacking or weak. Women who are victims of sex trafficking suffer untold pain and suffering. They are subjected to years of abuse and are exposed to a range of sexually transmitted infections (Kempadoo, Sanghera & Pattanaik, 2015). The international community is alive to the damage that sex trafficking inflicts on its victims. The problem of sexual slavery still exists and there is greater need for concerned stakeholders to do more to assist victims and protect vulnerable communities. Apart from causing damage to the victims, the trafficking of women amounts to a violation of fundamental human rights. This paper sheds light on the issue of sex trafficking and human rights and makes a case against the argument that sex trafficking is merely an issue of migration for work.
The right to life
One of the building blocks of social justice is the right to life. Every individual is entitled to the right to life which should never be taken away. There are many women who die on transit as they are being trafficked for sex work (Hepburn & Simon, 2013). Those who make it to their destination face a number of other challenges that expose them to hazards. For example, many sex trafficking victims face violence and other forms of abuse. Some of those who face these abuses die. The deaths that result from the trafficking of women for prostitution therefore amount to a violation of the basic human right to life. The United Nations identifies the right to life as one of the rights that are violated when women are trafficked (OHCHR, 2010). This adds additional weight to the position that sex trafficking equals a violation of human rights. An argument can be made that women who are trafficked are only being migrated for the purpose of work. This argument would be flawed since social justice and international human rights law require that one’s life should never be threatened as they work. The argument that sex trafficking is merely a form of migration for work is therefore flawed.
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Security and liberty
Apart from the right to life, the right to security and liberty are the other basic rights that are violated when women are trafficked for prostitution (OHCHR, 2010). International human rights standards stipulate that all individuals should be protected and all measures should be taken to ensure that each individual achieves liberty. Sex trafficking robs women of their freedom and exposes them to conditions that threaten their security (Muraya & Fry, 2015). For example, many women who have been victims of sex trafficking report that they face threats and violent abuse. There are others whose movement is severely restricted. All these experiences take away the liberty that these women are entitled to. If it were that sex trafficking is only a question of migration for work, it would be expected that the women would be treated humanely and compensated adequately for their effort. Since this is not the case, sex trafficking is not merely an issue of migration for work. Instead, it is a question of human rights violation.
Protection from slavery and servitude
In addition to the rights already mentioned in the discussion above, the right to be protected from servitude and slavery is the other which is violated by sex traffickers. The United Nation Convention on Human Rights makes it clear that no individual should ever be subjected to slavery or servitude (OHCHR, 2010). The defining feature of slavery and servitude is work without adequate and fair compensation. This feature also characterizes sex trafficking. Most victims of sex trafficking are denied payment with the traffickers pocketing much of the money that they earn through trafficking and pimping (Bales & Soodalter, 2010) . For this reason, it can be argued that the right of the victims to be protected against slavery and servitude is violated by sex traffickers. Sex trafficking and slavery are issues that concern social justice. Equality and fairness are key principles that underlie social justice (Craig, Burchardt & Gordon, 2014). Since these principles are not upheld by sex traffickers, there is sufficient ground to argue that sex trafficking of women amounts to a violation of human rights. Equality and fairness are also basic elements in employment. Employers are required to ensure that they treat all their employees equally and ensure that they are fairly compensated. Sex traffickers do not honor this requirement. Additionally, migration for work usually involves individuals voluntarily choosing to seek work. No victim of sex trafficking opted for the experience that they endure in the hand of sex traffickers. Therefore, sex trafficking is not simply a matter of migration for work.
Gendered violence
An overwhelming majority of sex trafficking victims are women. There are many communities that do not do enough to ensure that their women are protected. The fact that most victims of sex trafficking are women makes sex trafficking a question of human rights violation. One of the rights that the United Nations has declared as being basic is the right to be protected from gendered violence (Merry, 2009). This right is clearly violated since the victims of sex trafficking are targeted because of their gender. Sex trafficking and the targeting of women are also issues of social justice. As noted above, equality is a basic principle of social justice. Since women are not treated similarly to men, it can be said that sex trafficking indeed violates the right of women to be free from gender-based violence and abuse. The argument that sex trafficking is only a matter of migration for work does not hold up when the issue of gender equality is considered. Employment laws and statutes which govern matters of migration for work make it clear that equality should be observed (Moffatt, 2010). Since sex traffickers do not abide by the provisions of these statutes and laws, it can conclusively be argued that sex trafficking is an issue of human rights violation and not a question of migration for work.
Quality healthcare
As part of its convention on human rights, the United Nations stipulates that all individuals should be provided with access to services that allow them to achieve the best possible quality of mental and physical health (Decker et al., 2014). Anyone familiar with the experiences of sex traffickers would understand that this provision is violated by sex traffickers. Almost all victims are denied access to health services. The victims are left exposed to health hazards that compromise their physical and mental wellbeing. The nature of their work also opens doors for infections and general poor health. These victims also live in squalid conditions. The ultimate impact of the suffering endured by their victims is that the quality of their health is compromised. Access to opportunities and services is one of the elements of social justice (Craig, Burchardt & Gordon, 2014). Social justice dictates that all individuals should be provided with opportunities that facilitate their advancement. Given that the victims of sex trafficking are denied these opportunities, it can be said that sex traffickers do not uphold social justice. Social justice also defines migration for work. As individuals move to new areas in pursuit of work, they should be provided with services and programs that enhance their experiences. Sex traffickers clearly do not understand the need to provide their victims with pleasant experiences. This suggests that the trafficking of women for prostitution is not in any way an issue of migration for work. Rather, it is entirely an issue of human rights violation.
Protection from torture and degrading treatment
Torture and degrading treatment are some of the atrocities committed by sex traffickers against their victims (McGregor, 2014). There have been reports of sex trafficking victims being held in isolation and subjected to other forms of inhuman treatment. Furthermore, these victims are subjected to rape and starvation. There are also victims who endure repeated beatings. Women who are trafficked from Eastern European countries are especially vulnerable to torture (Aradau, 2016). They are usually trafficked into such countries as the United States where they are beaten repeatedly, denied food and abused sexually. The treatment that the victims endure is not in line with the guidelines that the United Nations has issued regarding human rights. The United Nations prohibits torture and other forms of inhuman treatment. Given this fact, the argument that sex trafficking amounts to a violation of human rights is sensible. This argument would trump the assertion that sex trafficking is only a matter of migration for work. Individuals migrating for work usually do so in the hope of better opportunities. No one would move to a new area for work in the hope that they will be tortured or subjected to other forms of degrading treatment.
Government failures
It has been noted in an earlier discussion that the developing world contributes a majority of the victims of sex trafficking. This reality is the result of the failure by the governments of developing nations to develop measures that would protect women and other vulnerable communities (Aradau, 2016). These governments have failed the victims and should share in the blame for the challenge of sex trafficking. The gender-based violence, the withholding of payment and the violation of the right to life are all the result of the inability or lack of willingness by the governments in the developing world to protect their populations. The failures of these governments indicates that sex trafficking is not a matter of migration for work. Most governments facilitate the efforts by their citizens to migrate for work. For example, it is common for governments to enter into arrangement with other countries which allow for visa-free movement. Since no government would deliberately facilitate the migration of its people for prostitution, it can be argued that human rights violation is the proper description for sex trafficking. ‘A question of migration for work’ would not be a fitting description for this practice.
Personal autonomy
Personal autonomy is a right that many governments across the globe are committed to safeguarding. The efforts of this government are eroded by sex traffickers who violate this right. The victims are subjected to the control of the sex traffickers and this takes away their right to personal autonomy (Keren-Paz, 2013). As mentioned earlier, the movement of the victims of sex trafficking is strictly limited. This denies the victims the opportunity to exercise their right to personal autonomy. Virtually all aspects of their lives are tightly controlled by the sex traffickers. The victims are required to report all their activities to the traffickers and this makes it very difficult for them (the victims) to enjoy total and full freedom. Anyone who argues that sex trafficking is just a matter of migration for work would be failing to recognize the limitations that are imposed on the victims. These limitations are not consistent with the idea of migration for work. Consider an individual who is trying to escape poverty by moving to another country in pursuit of employment. This individual is clearly pursing economic freedom. Therefore, the case of this individual makes it clear that ‘migration for work’ is not an appropriate characterization of sex trafficking.
Persecution by governments
In an earlier discussion, the governments of developing countries have been implicated in sex trafficking. These governments indirectly create conditions that allow sex trafficking to thrive. One of the ways in which they do this is by failing to develop measures for protecting vulnerable women (Aradau, 2016). These governments also subject women to unfair treatment. When the victims return home, they are usually face legal action. It is argued that they violated the regulations that govern migration. The legal action that the women face adds to the pain that they have already suffered in the hands of the sex traffickers. There have even been cases where the victims are detained for violating migration laws (Clayton, Krugman & Simon, 2013). While it could be true that the governments which detain the victims only do this in an effort to enforce migration rules, the actions of the governments are insensitive and counter-productive. Instead of harassing the victims, the governments need to focus their efforts on preventing victimization from occurring in the first place. They should dedicate all their resources to sealing all loopholes that allow sex trafficking to thrive. The harassment and pain suffered by the victims as a result of government action are clear indication that sex trafficking is not just an issue of migration of work. It is a matter that concerns the violation of human rights.
Young girls and children
The experiences of women who have been victims of sex trafficking form the subject of this paper. However, the discussion on sex trafficking would be incomplete without shedding some light on how this evil practice violates the rights of children and very young women. One of the human rights that children are entitled to is special protection (Kranrattanasuit, 2014). The fact that children make up a significant portion of sex trafficking victims indicates that the world has failed to offer them social protection. This fact also means that sex trafficking constitutes a violation of human rights. Trafficking children for the purpose of sexual exploitation is not at all a matter of migration for work. Most children lack the capacity to make informed decisions about migration and work. The exploitation of children also goes against the principle of social justice. Social justice demands that vulnerable groups such as children should be accorded safeguards that protect them from hazards. Equality and fairness are also principles that concern social justice which apply to the trafficking of children for sex purposes. Therefore, it would not be sensible to argue that sex trafficking is an issue of migration for work since this practice is in violation of the principles of social justice.
In conclusion, sex trafficking remains a problem that the world needs to urgently tackle. Thousands of women across the globe continue to endure the horrifying impacts of sex trafficking. Most of these women are beaten and raped. There are others who are tortured and many more are denied access to health care and other vital services. The United Nations and other organizations that are committed to curbing sex trafficking have developed measures aimed at ending this practice. The United Nations has particularly created policies and standards in which human rights are defined. When the characteristics of sex trafficking are assessed on the basis of these standards, it becomes clear that sex trafficking amounts to a human rights violation. The global community needs to consolidate efforts and resources to ensure that sex trafficking is successfully eliminated.
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