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Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union

By: Heli Askola
Media of Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union
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Published: 01-03-2007
Format: Hardback
Edition: 1st
Extent: 238
ISBN: 9781841136509
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £60.00
Online price : £54.00
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Loren Epson

About Legal Responses to Trafficking in Women for Sexual Exploitation in the European Union

The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions.
However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality.
Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States.
The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

Table Of Contents

1. Introduction 1
1.1. THE BACKGROUND, AIM AND STRUCTURE OF THE BOOK
1.2. DIVERGENCE, CONVERGENCE AND COUNTRY STUDIES
1.3. SOME COMMENTS ON TERMINOLOGY AND THE NATURE OF THE PROBLEM
2. Feminism, Prostitution and Trafficking: A Complex Approach
2.1. THE BACKGROUND: SEXUAL SLAVERY AND SEX WORK REVISITED
2.2. TALKING ABOUT TRAFFICKING: DEBATES AND DEFINITIONS
2.3. TOWARDS A MORE COMPREHENSIVE UNDERSTANDING?
3. EC Free Movement Law, Freedom and Prostitution
3.1. NOTIONS OF FREEDOM AND THE LEGAL REGULATION OF PROSTITUTION
3.2. FREEDOM IN EUROPEAN LAW
3.2.1. The Common (Sex) Market? Freedom and Prostitution in EC Law
3.2.2. Some Girls are Freer Than Others: EC Law and its Outsiders
3.3. CONCLUSIONS
4. Trafficking as Irregular Migration
4.1. THE EUROPEAN MIGRATION POLICY CONTEXT
4.1.1. Crowded Houses, People's Homes or Fortress(es in) Europe
4.1.2. (Im)Migration Policy Dilemmas and the European Union
4.2. FEMALE MIGRANTS, MIGRATION POLICIES AND EXPLOITATION
4.2.1. From Structural Causes to Exploitative Situations
4.2.2. Helping Trafficking Victims through Short-term Residence Permits?
4.3. CONCLUSIONS
5. Criminal Justice Co-Operation Against Trafficking
5.1. TRAFFICKING OFFENCES IN THE MEMBER STATES
5.1.1. On the Goals and Contents of the Criminal Provisions
5.1.2. Applying the Laws: Female Caricatures and Invisible Men
5.2. TRAFFICKING AND THE THIRD PILLAR
5.2.1. Harmonising or Not-Repressive Emphasis with Vague Results
5.2.2. Anti-trafficking Co-operation: Security, Justice or Freedom?
5.3. CONCLUSIONS
6. Trafficking and Human Rights
6.1. FEMALE MIGRANTS AND INTERNATIONAL HUMAN RIGHTS
6.1.1. Actual Victims of Trafficking: Included if Invisible?
6.1.2. Potential Victims of Trafficking: Marginalisation of the Marginalised?
6.2. EXCLUSION OF MIGRANT WOMEN FROM DEBATES ON WOMEN'S RIGHTS
6.3. THE EUROPEAN UNION'S HUMAN RIGHTS DIMENSION
6.4. CONCLUSIONS
7. Towards a More Comprehensive Approach to Trafficking?
7.1. ANTI-TRAFFICKING IN THE SHORT TO MEDIUM TERM
7.2. PREVENTING TRAFFICKING IN WOMEN IN THE LONG RUN
7.2.1. Development, Migration and Gender Empowerment
7.2.2. Sexual Ideologies and the Market for Sexual Services
7.3. FINAL REMARKS

Reviews

“The book offers impressive and careful coverage of this challenging and fast-moving subject matter… It covers an extensive amount of ground, displays a commendable grasp of the recent legal developments and combines this with a measured and careful examination of the broader ideological and political paradigms that construct and constrain both the EU's anti-trafficking competency and its ultimate response…Askola's book in a number of ways, makes an important contribution to sex trafficking debates and plays a valuable role in situating the peculiarly modern manifestation of this phenomenon in its social, economic, political and sexual context.” –  Vanessa E. Munro, International Journal of Law in Context Volume 4/3

“I think that this academic exploration into trafficking of women for prostitution is a welcome addition to the list of scarce writings on the subject and will add to the debate.” –  Sally Ramage, Internet Law Book Reviews

“This book will be of interest to public authority lawyers...It will also be valuable for many national practitioners, like judges, prosecutors, defence lawyers, police officers and NGOs. And, certainly, the book is also of great value from the academic's point of view.” –  Joanna Banach-Gutierrez, International Journal of Refugee Law

“An engaging volume that demands the attention of practitioners and academics alike, Askola succeeds in teasing out the complexities between trafficking of women for sexual exploitation and diverse policy areas such as free movement, migration, criminal justice and development.” –  Meng-Hsuan Chou, Journal of Common Market Studies, Vol 46, No 2

“As studies of human trafficking increase, so should the quality of research, which LEGAL RESPONSES demonstrates through a reasoned policy critique and response that broadly diagnoses trafficking…those who would best benefit from reading LEGAL RESPONSES, are comparative, human rights, socio-legal and EU law scholars, feminist theorists, lawyers and policy makers concerned with human trafficking, as well as NGO practitioners.” –  Andrew Kowalsky, Law and Politics Book Review, Vol. 18 No.4

“This book by Askola provides an insight into how the European Union and some Member States have dealt with trafficking of women for sexual exploitation...It therefore serves as an important contribution to the study of human trafficking particularly within the context of the European Union, and will benefit students, scholars as well as those working in the field.” –  Tomoya Obokata, Common Market Law Review, Vol 45 Issue 4

“Askola's book offers useful insights into the complex matter of trafficking for sexual exploitation...The fact that she approaches the issue from a feminist point of view is very refreshing and necessary to counterbalance the EU's criminal law approach. For EU legislators and policy makers her book should be an eye-opener as she makes it convincingly clear that the EU's legislation and attitudes are part of the problem rather than the solution.
,
” –  Ingrid Westendorp, Maastricht Journal of European and Comparative Law, Vol 15, No 3

“...it offers a highly informed, coherent and insightful analysis. A unique feature of the book is the way in which it brings together an expert account of longstanding feminist debates on trafficking and prostitution and an equally fluent understanding of the different legal regimes relevant to the issue, thus combining depth with breadth throughout all chapters. This is done in an accessible, and yet sophisticated, way...a fine piece of scholarship, with its solid, informative and accessible analysis having much to offer to a wide range of interested audiences.” –  Anastasia Vakulenko, Scolag Legal Journal, Issue 371

“Askola makes it convincingly clear that trafficking is not a culmination of individual horror stories, but is a constructed phenomenon that stems from a multitude of structural issues
This well-written book … provides a very good insight in the far-reaching complexities of a matter about which we often read in the media without fully understanding its content and context, and which is moreover highly readable. On that basis, I would recommendit as compulsory reading material for all involved in adopting policies that are relevant to trafficking.
” –  Fleur van Leeuwen, Europan Law Journal, Volume 15

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