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4 Int'l Hum. Rts. L. Rev. 1 (2015)

handle is hein.journals/inthurlr4 and id is 1 raw text is: .. INTERNATIONAL HUMAN RIGHTS LAW REVIEW IHRL BRILL 4 (2015) 1-32 REVIEW NIJHOFF brill.com/hrlr What's in a Name? Victim Naming and Blaming in Rights-Based Distinctions between Human Trafficking and Migrant Smuggling Marika McAdam International independent legal consultant on human trafficking, migrant smuggling and migration issues marikamcadam@yahoo.com.au Abstract This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The con- sent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrel- evance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detract- ing from human rights protections of rights-holders. Ultimately, it is asserted that the labels of 'trafficked' and 'smuggled' should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated. Keywords human trafficking - migrant smuggling - exploitation - consent - inhuman or degrad- ing treatment - irregular migration I Introduction: Differentiating between Human Trafficking and Migrant Smuggling In 2013, Idris paid smugglers to take him across the Red Sea to Yemen from where he hoped to journey on to Saudi Arabia. During the seajourney with 13o @ KONINKLIJKE BRILL NV, LEIDEN, 2015 DOI 10.1163/22131035-00401003

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