Abstract
Human trafficking occurs within the context of widespread objectification and commodification of persons as “products” in economies in which they have little power and sometimes few options for self-determination and self-sufficiency. In both labor and sex trafficking, there is a power imbalance where the trafficker possesses the economic power to treat the trafficked as a commodity and also takes control of all the profits. In the transaction, it is obvious that there is no element of consent, voluntariness, pleasure, or personal desire of the victim. This explains why trafficking in human beings is a ruthless, cynical, and multi-layered form of exploitation where traffickers profits by victimization and make turnover from the adversities, distress, and vulnerability of the trafficked persons. This unscrupulous business practice is such an intricate problem embedded majorly in poverty, marginalization, and ideas of subordination. Human trafficking has legitimized a brand-new element into capitalism which has supplemented slavery, status inequality, and disrespect to human dignity.
TopIntroduction
In contemporary societies, human needs have manifested, interpreted, and accomplished themselves more in the global level, and not anymore in the individual, national, and regional grounds. This is in order to achieve the principle of the dignity of the human being. That explains why human rights and dignity have increasingly been center-staged in human trafficking discourse in recent years (Surtees & de Kerchove, 2014). Assisted by the latest adoption of the UN Universal Declaration of Human Rights, that specify the basic respect all people by virtue of their common humanity, respect for autonomy of the individual and freedom embedded in the core of every constitution, the major aim of a human rights approach is to ensure compliance of human rights as the basis for economic transaction, labour relation and employment (Onuoho, 2011). More specifically, such an approach argues that the social–political vulnerability and livelihood insecurity experienced by trafficked persons can fundamentally hinder their capacity and commitment to serve as motivated resource stewards. Given this position, and focusing exclusively on human trafficking rights/dignity of the human person’s modification as part of what are known as ‘rights-based’ strategies, this chapter collates reflections on certain activities of human trafficking as well as a range of practices capable of deepening our understanding of human dignity and its violation, thus, bringing to the surface the interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger (Osezua, 2013).
However, recently, a human rights approach has been center-staged within human trafficking ascendancy as a response to the limits of trafficked victim rights in reducing insecurity and vulnerability among victims (Oram et al, 2016). Despite its growing adoption in international legal frameworks and among civil society organizations, the conceptual pitfalls of the human rights approach to trafficking (i.e., its neoliberal tendencies and the neglect of collective rights and social duties) raised by critical scholarship remain largely unsettled, leading to practical concerns about whether such a framework will ultimately benefit trafficked persons on the ground (Osezua, 2016). To further contribute to the debate, this study presents a nuanced discussion of the human rights perspective by introducing the concept of human dignity. Specifically, it argues that human dignity, with its greater conceptual scope and depth, could act as a foundational value with which to mitigate some of the shortcomings of the human rights approach. The purpose here is to a reasonable extent suggestive rather than definitive and is aimed at highlighting the link that has not been clearly made between human rights and human dignity. This study argues that heightened attention to human dignity has the potential to create wider support for the human rights approach and ultimately help facilitate its efficacy in protecting the vulnerable.
Following this line of thought, this chapter attempts to discover some of the bonds between human dignity and human rights, having as premise the scope of respecting human beings, as since the ascension of human rights in modern debates all over the world, having as consensus that human dignity is the most important component of the laws in force in any nation (Pocock et al, 2016). With that established, and having as a starting point, the intrinsically connection between dignity of the human person and human rights, we will attempt to demonstrate that dignity is being put into reality as human rights become effective. On this sense therefore, it is necessary to investigate the logic of economic gains devoid of respect for human beings.
Key Terms in this Chapter
Dehumanization: The idea of dehumanization resonates the psychological process of demonizing the enemy, making them seem less than human and hence not worthy of humane treatment. This can be clearly exemplified in human trafficking where human beings are strips of their identity as human. In human trafficking, dehumanization is an underlying psychological phenomenon behind the enterprise. In other words, perceiving men, women and children as less than human and thus denying their humanness (Haslam & Loughnan, 2014) makes it possible to buy, sell, use and transport persons as if they were objects, placing them in the condition of slavery. Here, they are identified as “the other” which makes it so that they are viewed as inferior and deserving of exploitation. Human trafficking for the purpose of sexual exploitation is based on dehumanization that stems from objectification of human beings. A subtle form of dehumanization often occurs during the process of representing a person in the prostitution profession.
Human Dignity: Human dignity is the recognition that human beings possess a special value intrinsic to their humanity and as such are worthy of respect simply because they are human beings. By the basic understanding of the human dignity, it is inferred that respect should be accorded to all people under natural law. By “natural law” we refers to the broad category of universal principles of dignity and decency which, while not law in and of themselves, have historically informed our understanding of basic human rights from the Declaration of Independence to the United Nations Universal Declaration on Human Rights. Human trafficking therefore is an affront on human dignity in all its ramifications. This is because, trafficking as a crime is designed to exploit those most vulnerable by reasons of their dire poverty, illiteracy and social discrimination.
Human Rights: The human rights approach recognizes that human trafficking is a violation of rights and views the trafficked person as someone in need of protection and services rather than as a criminal. A human rights approach to trafficking means putting victims at the centre of anti-trafficking policies by prioritizing the protection of their rights. Human Rights-oriented approach to trafficking stands on the notion that human trafficking is both a cause and effect of human rights violations in many societies. As the former UN High Commissioner for Human Rights, Mary Robinson alleges, “trafficking is a cause of human rights violation because it violates fundamental human rights, such as the right to life, the right to dignity and security, the right to just and favorable conditions of work, the right to health, the right to equality and the right to be recognized as a person before the law (UNHR, 2002). It is both a consequence and effect because it is rooted in poverty, inequality and discrimination.
Economic Exploitation: Human trafficking and Slavery exist in a social and economic relationship outlook. It is a relationship marked by extreme differentials of power, by violence, and by exploitation. It is also a relationship between two people. As a relationship, it exists within a context of social, economic, and moral expectations. This can be aptly explained within the context that helps us to understand the market for trafficked people. Abinitio, it is important to recognize that the “consumers” of trafficked people operate within a moral economy that allows them to rationalize their activities. This moral economy will not normally be the dominant cultural or legal context, but a sub-culture that in some way defines trafficked people in a way that allows their exploitation.
Vulnerability: Vulnerability is the characteristics determined by either social, economic and/or environmental factors which increase the susceptibility of one to risk or the impacts of hazards. Traffickers look for people who are vulnerable and therefore easier to exploit. It is obvious that vulnerability is the primary human condition. To be human is to be vulnerable very many things such as disease, cold, poverty, hunger, coercion, manipulation or deception, and the disruption of social relationships on which we depend. In human trafficking for instance, most of the victims of human trafficking are vulnerable not just in the ‘ontological’ sense that all humans are vulnerable, but in the sense that their condition or particular situation makes them more vulnerable than others (Fineman, 2014).