About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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


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.


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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most