1. Human Trafficking: The Antithesis of Human Rights
Dan Sexton, Master of Public Health (c)
Faculty Advisor: Dr. Andrea Crivelli-Kovach, Ph.D., MA, MCHES
Department of Public Health
Background
Human trafficking is a practice that turns people into
commodities through the exploitation of human rights.
In 2000, the United Nations held the Convention against
Transnational Organized Crime where human trafficking was
first globally defined. The Protocol to Prevent, Suppress, and
Punish Trafficking in Persons, Especially Women and Children
delineates anti-trafficking guidelines for countries that have
ratified the Protocol.
As of 2014, 124 countries reported 152 unique citizenships
among trafficking in persons (TIP) victims within their respective
borders. Worldwide, there are approximately 35.8 million TIP
victims whose exploits amount to an estimated $150 billion
each year.
Purpose
• Explore human trafficking within the human rights
framework
• Investigate how the human rights framework influences
policy in the US, Mexico, China, and Russia
• Recommend best practices for improving anti-trafficking
policy aimed at prevention, protection, and prosecution
Methods: The Tiers
A comparative policy analysis explored anti-
trafficking policies from select countries
representative of each Tier found within the 2015
United States Trafficking in Persons Report.
Tier 1 – full compliance with U.S. Trafficking
Victims Protection Act’s (TVPA) minimum
standards and low TIP victim population
Tier 2 – Does not fully comply with TVPA minimum
standards but has shown significant effort towards
improvement
Tier 2 WL – Similar to T2 but country has high levels
of TIP victim; policy improvement is stagnant
Tier 3 – Does not comply with TVPA minimum
standards; high levels of TIP victims;
no plans to improve policy
Human Rights
The Universal Declaration of Human Rights, developed in 1948
by the United Nations, is a comprehensive list of fundamental
rights protected by the governments of every State who ratify
it. It is a set of legally, politically, and morally binding principles
for governments to utilize in policy formation.
• Shifts focus away from criminalization to victim protection
• States become legally responsible for the violation or
fulfillment of human rights
Results & Conclusion
U.S. (Tier 1) – Trafficking Victims Protection Act of 2000;
Reauthorization of 2003, 2005, 2008, & 2013
• TVPA emphasizes prevention, protection, and
prosecution
• T-visa’s enable TIP victims to remain in the U.S.
• TIP victims can file civil charges against their traffickers
• Shelter programs for TIP victims, specifically juveniles
• Protection measures for TIP victims in foreign countries
through cooperative relationships between U.S. State
departments and foreign NGO’s
Mexico (Tier 2) – General Law to Prevent, Sanction, and
Eradicate Human Trafficking and for the Protection and
Assistance of Victims of 2014
• General Law in 2014 – established victim protection
and assistance programs
• Developed repatriation procedures
• Each branch of government was made responsible for
carrying out goals of the General Law
China (Tier 2 WL) –Criminal Law of the People’s Republic of
China; National Plan of Action on Combating Trafficking in
Women and Children (Chapters 4 & 6)
• Criminal code prohibits rape and abduction through
punishment of perpetrators
• National Plan incorporated rehabilitation programs for
TIP women and children
Russia (Tier 3) – Article 127.1 & 127.2 in the Criminal Code of
the Russian Federation
• Criminalization focus
• No TIP victim provisions, rehabilitation, or repatriation
services
Comprehensive national plans are crucial to expanding the
scope of anti-trafficking policies beyond criminalization and
prosecution measures.
Successful anti-trafficking policies in T1 countries equate to
victim-centered legislation. It is recommended that countries
looking to improve their anti-trafficking policies and Trafficking
in Persons Tier placement strive to implement victim-centric
policies that focus on the human rights fulfillment of TIP victims.
United States Mexico China Russia
Defines human
trafficking
Prosecution capability
Guidelines for
assessing degree of
trafficking
Government branch
cooperation
Designated benefits
and services
Protection while in
legal custody
Victim access to
information
Restitution of assets
Repatriation
procedures
Medical care
Border interdiction
Grants for assistance
programs
Sanctions on goods
produced by victims
Foreign integration,
reintegration, or
resettlement assistance
Sanctions against
foreign governments
Program to spread
public awareness
Economic alternatives
for victims