Cultural Dynamics
Volume 25, Issue 2, 2013, Pages 165-181

Human trafficking and challenges to States' compliance with International Human Rights Law: The case of Brazil* (Article)

Gueraldi M.*
  • a Universidade Cândido Mendes, Rio de Janeiro, Brazil

Abstract

This article identifies some challenges faced by the Brazilian State in eradicating human trafficking. International Human Rights Law is the instrument I adopt as a conceptual paradigm for analysis of the State's conduct, arguing that Brazilian National Policy implemented since 2008 does not meet the preventative needs, the repression of perpetrators, nor victim protection as proposed by International Human Rights Law. The conduct of State powers shows that human trafficking is still conceived as a criminal offense, rather than as a human rights violation. Existing published Brazilian studies commonly approach human trafficking in terms of criminal law. I analyze it under the umbrella of International Human Rights Law, disassociating human trafficking from an exclusively feminist approach, and describing it in terms of a global human rights violation pattern related to international migration flows. I emphasize some interior legal concepts commonly overlooked by juridical doctrine, such as vulnerability and exploitation, with attention to cultural attitudes that help determine policy. © The Author(s) 2013.

Author Keywords

Human trafficking international migration human rights law Brazilian State policies "punitive will"

Index Keywords

international migration law enforcement Brazil policy implementation compliance international law human rights trafficking

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84885368763&doi=10.1177%2f0921374013498140&partnerID=40&md5=a43cf61cee433d32590314f52576f8f5

DOI: 10.1177/0921374013498140
ISSN: 09213740
Cited by: 2
Original Language: English