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60 UCLA L. Rev. 76 (2012-2013)
A Labor Paradigm for Human Trafficking

handle is hein.journals/uclalr60 and id is 84 raw text is: A Labor Paradigm for Human Trafficking ;,tb71 Hila Shamir ABSTRACT Although human trafficking has gained unprecedented national and international attention and condemnation over the past decade, the legal instruments developed to combat this phenomenon have thus far proved insufficient. In particular, current efforts help an alarmingly small number of individuals out of the multitudes currently understood as falling under the category of trafficked persons, and even in these few cases, the assistance provided is of questionable value. This Article thus calls for a paradigm shift in anti-trafficking policy: a move away from the currently predominant human rights approach to trafficking and the adoption of a labor approach that targets the structure of labor markets prone to severely exploitative labor practices. This labor paradigm, the Article contends, offers more effective strategies for combating trafficking. After establishing the case for the labor paradigm, the Article suggests how it can be incorporated into existing anti-trafficking regimes. The Article proposes five measures for implementing anti-trafficking policies grounded on the labor approach: prevent the criminalization and deportation of workers who report exploitation; eliminate binding arrangements; reduce recruitment fees and the power of middlemen; guarantee the right to unionize; and extend and enforce the application of labor and employment laws to vulnerable workers. Finally, the Article analyzes why this paradigm has yet to be adopted and responds to some of the main objections to a paradigm shift. AUTHOR Hila Shamir is Assistant Professor at Tel-Axiv University Buchman Faculty of Law. I am grateful to Janet Halley and Ariel Porat, as well as Carol Steiker, Helen Stacy, Libby Adler, Aziza Ahmed, Ori Aronson, Cyra Choudhury, Janie Chuang, Lisa Kelly, Prabha Kotiswaran, Audrey Macklin, Rachel Rebouche, and Yofi Tirosh for insightful comments on earlier drafts. For their helpful comments, I also thank the participants in the Exploratory Seminar Beyond Ideology: Interdisciplinary Research on Trafficking, Forced Labor and Migration, held at the Radcliffe Institute For Advanced Study, Harvard University; the participants in the Human Rights and Precarious Work Workshop, conducted by the Minerva Center for Human Rights at Hebrew University; the participants in the Tel-Axiv University Faculty of Law faculty workshop; and the participants in the Cornell Law School faculty wvorkshop. The research for this Article was made possible by funding from the European Community's Seventh Framework Program FP7/2007-2013 under grant agreement 239272 and from the Cegla Center for Interdisciplinary Research of the Law at Tel-Aviv Universiwy 60 UCLA L. REV. 76(2012)

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