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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