Prostitution 1ac Ndt Finals Real

7/21/2019 Prostitution 1ac Ndt Finals Real

http://slidepdf.com/reader/full/prostitution-1ac-ndt-finals-real 1/30

Prostitution 1AC --- 2.0



1AC – State IHRL Advantage

CONTENTION 1 IHRL

Current !a"# o$ "itation o$ $oreign !a% s&e"i$i"a!!' !o"#s t(e )S out o$

deve!o&ing I-!a% nor*s---&!an+s "riti"a! Austen L. Parris( ,, Associate Professor of Law @ Southwestern Law School; J.D. fromColumbia University; Director of Southwesterns Summer Law Pro!ram where he teachesinternational an" com#arative law at the University of $ritish Columbia, %&&', University of(llinois Law )eview, %&&' U. (ll. L. )ev. *+'he "itation to $oreign !a% is not only sensible for trans#arency reasons, it also can serve to !egiti*ie t(e Court asan institution, both within the Unite" States an" around t(e %or!d. Le!itimacy -emanatesfrom the #ersuasiveness of the ar!uments an" the enhancement of communal nowle"!e.- %'/ (n

some conte0ts, -forei!n an" international law are actually necessary to le!itimate "ecision1main!.- %'2

3arly on in our nations history, Americans -self1consciously- a##eale" to the views of other nations -to win !lobal le!itimacy for their fle"!lin! re#ublic.- %/& (n others, forei!nlaw le!itimi4es why our courts are "oin! somethin! "ifferent. %/5 67*''8 As 9ran :ichelman has "escribe" it, by com#arative encounters, we -clarify our #icture of ourselves.-

%/% Lastly, a#art from issues of trans#arency an" le!itimacy in <u"icial reasonin!, the use of forei!n materials is #articularlya##ro#riate if one consi"ers "ialo!ical =as "istin!uishe" from #articularist or universal> metho"s of constitutional

inter#retation. ellin!ly, "es#ite a fair amount of literature on the to#ic, those who con"emn the use of forei!n sources !enerally i!nore the "ialo!ic mo"els. %/+ (n

recent years, theories of constitutional "ialo!ue have emer!e" -as one of the #rinci#al conten"ers inthe ?uest for a satisfactory theory- that le!itimi4es <u"icial review . %/ Dialo!ical theories are base" on -the notion that

<u"icial review is #art of a -"ialo!ue between the <u"!es an" the le!islatures.- %/ )ather than focusin! on inter#retative criteria, "ialo!ic mo"els of inter#retation focus on the

-institutional #rocess throu!h which "ecisions about constitutional meanin! are ma"e.- %/* Dialo!ical mo"els are #articularly well suite"to <ustify the use of forei!n law, a #oint !enerally well acce#te" . (n"ee", the failure of the U.S. Su#reme

Court to en!a!e more vi!orously in international "ialo!ue !eaves t(e ).S. udi"iar' out-o$-ste& and /e(ind t(e ti*es. %/' A si!nificant amount of scholarshi# has em#hasi4e" theessentia! nature of this "ialo!ue an" its benefits. %// -Courts shoul" be talin! with each other ... an" even with aca"emics. Allare en!a!e" in a search for the meanin! of common conce#ts. he uni?ue authority of each "oesnot s#ea at 67*'/8 all to the common substance of their inter#retative effort .- %/2 :elissa Baters has ca#ture" the

#roblem in a nutshell his is not sim#ly a "ebate over the relevance of forei!n le!al materials in the wor of the U.S. courts. (n a lar!er sense, it is a de/ate over %(at ro!e ).S. "ourts %i!! &!a' int(e e*erging transnationa! udi"ia! dia!ogue amon! the worl"s courts. :oreover, theoutcome of this "ebate will ... have a tremen"ous im#act on the ability of the Su#reme Court an" ot(er).S. "ourts to in$!uen"e t(e e*erging transnationa! udi"ia! dia!ogue, an" throu!hthat "ialo!ue, the deve!o&*ent o$ internationa! !ega! nor*s on a %ide range o$ !ega!issues. %2&

S"enario 1- Treat' a&s

State "ourts in"or&oration o$ internationa! (u*an rig(ts is "riti"a! to ).S.treat' "o*&!ian"e:artha 9. avis 1, Professor at ortheastern University School of Law an" Co1Director ofthe PE)F3, with Die!o (ni!ue41Lo#e4, )obert L. Carter 9ellow at he G##ortunity A!en"a, an"

Juhu hural, Director of Law an" A"vocacy at he G##ortunity A!en"a, HEuman )i!hts inState Courts %&5,Ihtt#o##ortunitya!en"a.or!filesfiel"Kfile%&5.%.&*.Euman)i!htsinStateCourts.#"f Euman ri!hts are a lon!stan"in! an" crucial #art of Unite" States law an" culture. he foun"ers of our country "eclare" that weare all create" e?ual an" en"owe" with certain inalienable ri!hts, an" that o#inions of other nations are entitle" to H"ecent res#ect.I

(n the aftermath of the Eolocaust an" Borl" Bar ((, the U nite" S tates hel#e" craft the Universal Declarationof Euman )i!hts =UDE) > an" the international human ri!hts system. hrou!hout our history, the

conce#t of human ri!hts has been central to our nations stru!!les to achieve e?uality an" <ustice for all. Met, "es#ite thatle!acy, international h uman r i!hts laws have often not #laye" a ma<or role in le!al a"vocacy to



secure fun"amental ri!hts , <ustice, an" e?uality in the U nite" S tates. hat tren" has be!un to chan!e overthe last two "eca"es, as more an" more le!al a"vocates have be!un to incor#orate human ri!hts ar!uments into their wor. Courts

have res#on"e" an", the U.S. Su#reme Court, in #articular, has re#eate"ly cite" human ri!hts law as#ersuasive authority for im#ortant constitutional "ecisions in areas involvin! in"ivi"ualri!hts.5* (m#ortant human ri!hts issues are not always liti!ate" in the fe"eral courts, however.

9e"eral constitutional #rotections ten" not to inclu"e the economic, social, an" cultural ri!hts

that are an inte!ral #art of the international human ri!hts system. State "ourts 3 /' "ontrast,often consi"er such #rotections an", in inter#retin! state law, have the inde&enden"e tore"ognie a /road er range o$ rig(ts. (n a""ition, state courts may be calle" on to inter#retan" a##ly international treaties, inclu"in! human ri!hts treaties. )eco!ni4in! this im#ortant as#ect of theim#lementation of human ri!hts law in the U.S., this re#ort "etails the ways in which state courts have consi"ere" an" inter#rete"this bo"y of law. he re#ort is inten"e" for #ublic interest lawyers, state court liti!ators, an" <u"!es, an" also for state an"munici#al #olicymaers intereste" in inte!ratin! com#liance with international human ri!hts law into their "omestic #olicies.5' State courts can "raw u#on a number of ar!uments to su##ort their use of international human ri!hts #rinci#les in "ecision1main!. Un"er Article N(, Section % of the U.S. Constitution, treaties are the Hsu#reme Law of the Lan",I bin"in! on the HJu"!es inevery State.I5/ he Unite" States has si!ne" an" ratifie" the (nternational Covenant on Civil an" Political )i!hts =(CCP)>, the(nternational Convention on the 3limination of All 9orms of )acial Discrimination, an" the Convention a!ainst orture an" GtherCruel, (nhuman or De!ra"in! reatment or Punishment, an" is therefore boun" by these treaties. Provisions of the UDE) have been reco!ni4e" as customary international law.52 (m#lementation of these treaties an" their #rinci#les is the res#onsibility of

fe"eral, state, an" local !overnment.%& Un"er the fe"eral system, states are #rimarily res#onsible forre!ulatin! many areas of substantive law, inclu"in! criminal, family, an" social welfare law . he

reservations the U.S. Senate issue" when it ratifie" the treaties mae clear that states areres#onsible for im#lementin! international human ri!hts law in these areas .%5 T(us3 state"ourt in"or&oration o$ (u*an rig(ts &rin"i&!es is "ru"ia! to ensuring t(e ) nitedS tates+ (u*an rig(ts i*&!e*entation and "o*&!ian"e .4 here are several ways in which treaty

authority in the U.S. has been minimi4e". 9or e0am#le, many human ri!hts treaties have been "eeme" to beHnon1self1e0ecutin!I O meanin! that they cannot be "irectly enforce" in U.S. courts%% an" may even

sto# short of im#osin! concrete obli!ations on states.%+ 9urther, in ratifyin! the (CCP), the Senate man"ate" that its #rotections!o no further than corres#on"in! #rotections in "omestic law.% A"vocates an" scholars have ar!ue" that such a reservationfrustrates the #ur#ose of the treaty an" may be invali" un"er international law an" therefore unenforceablealthou!h the rest ofthe treaty may be severable an" continue to have le!al effect.% $ut state courts routinely invoe Senate reservations to "eny

in"ivi"uals claims un"er treaties lie the (CCP).%* Des#ite such limitations, international an" U.S. law re?uirescourts to inter#ret both state an" fe"eral law so that it "oes not conflict with ratifie" treaties .%'

An" as a si!natory to covenants an" conventions lie the (nternational Covenant on 3conomic,

Social, an" Cultural )i!hts =(C3SC)> an" the Convention on )i!hts of the Chil", the Unite" Statesmust Hrefrain from acts which woul" "efeat the ob<ect an" #ur#ose of a treaty .I%/ 9urthermore,

when human ri!hts #rinci#les rise to the level of customary international law, meanin! they are

H#ractices an" beliefs that are so vital an" intrinsic a #art of a social an" economic system that they are treate" as if they were

laws,I%2 they "o not re?uire im#lementin! le!islation to be bin"in!.+& :ost im#ortantly , state "ourts"an !oo# to internationa! (u*an rig(ts treaties for inter#retive !ui"ance , whether or notthe treaties are si!ne", ratifie", or consi"ere" customary international law . S#ecifically, courts canturn to international human ri!hts law to hel# clarify the meanin! of va!ue or unsettle""omestic law. 3ven if human ri!hts #rinci#les are not "irectly bin"in! , they can influence courtsas they "efine an" e0#lain statutory #rovisions, an" as t(e' give *eaning to do*esti""onstitutiona! rig(ts . Courts have looe" to unratifie" as well as ratifie" treaties for this #ur#ose.+5

It+s reverse "ausa!---$ai!ure o$ state "ourts to a"t *a#es treat' ga&s

inevita/!e:artha 9. avis 5, Professor at ortheastern University School of Law an" Co1Director of thePE)F3, E3 SP()( G9 GU) (:3S SA3 CGS(U(GS AD (3)A(GALEU:A )(FES, .M.U. )3N(3B G9 LAB Q SGC(AL CEAF3 6Nol. +&+2,htt##a#ers.ssrn.comsol+#a#ers.cfmRabstractKi"2&/%/+State courts have a res#onsibility to consi"er international human ri!hts norms an" othertransnational law in ren"erin! state constitutional "ecisions.5 his res#onsibility is "rawn fromseveral sources the nature of fe"eralism, the nature of the international system, an" in"ivi"ual



states laws an" le!al history. Bhere the Unite" States has a formal obli!ation to com#ly with international law, theUnite" States Constitutions Su#remacy Clause re6uires state courts to consi"er transnationalauthority . (n"ee", without subnational attention to human ri!hts norms, the international le!alsystem $ai!s under t(e %eig(t o$ t(e 7i*&!e*entation ga&8 between national obli!ationsan" their im#lementation on the state level. 3ven absent a formal man"ate, however, state courts shoul" consi"er

transnational sources when inter#retin! their constitutions. State court <u"!es may fin" "irect su##ort for consi"erin! transnationalsources in the constitutional an" social history of the #rovisions bein! construe", brin!in! this a##roach insi"e the fol" of tra"itional

metho"olo!ies of constitutional inter#retation.% 9urthermore, transnational law can inform the meanin! of stateconstitutional !rants that have no fe"eral analo!ues but that are similar to international humanri!hts law an" to #rovisions of mo"ern constitutions aroun" the worl".+ he Unite" States Constitution, which te0tually

focuses on limitin! !overnment action, may yiel" no !ui"ance to state courts ase" to inter#ret, for e0am#le,

the substantive meanin! of #ositive ri!hts to Hhealth,I He"ucation,I or Hwelfare .I (n such aninstance, international norms articulate" in transnational law may be a singu!ar!' i*&ortantguide to the su/stantive "ontent o$ t(e &rovisions. hou!h courts an" scholars have #ai" si!nificant

attention to state constitutional #rovisions that have no obvious fe"eral analo!ues in their efforts to establish the outlines of anin"e#en"ent state <uris#ru"ence, they have sel"om consi"ere" the role that transnational law mi!ht #lay in <u"icial review of these#rovisions. Bhile fe"eral <u"icial citation of transnational authority has s#are" consi"erable "ebate in recent years,* state courtconsi"eration of transnational sources shoul" be much less controversial. 9irst, the relatively #o#ulist structure of state!overnmental institutions, inclu"in! state courts, un"ermines concerns that one branch mi!ht foist im#ro#er Hforei!nI views on theothers unchece". Secon", institutional infi!htin! between the fe"eral branchesfor e0am#le, over what constitutes an e0ercise ofthe forei!n affairs #owerhas no #arallel at the state level. o illustrate how state courts shoul" #rocee" in li!ht of theirobli!ations to im#lement transnational law, ( set out a case stu"y of article TN((, section + of the ew Mor State Constitution, whichman"ates that the state le!islature #rovi"e for the #ublic health.' (n e0aminin! whether state1su##orte" abstinence only1until1

marria!e #ro!rams violate this constitutional #rovision, ( "emonstrate the concrete ways in which the Unite" States treatyobli!ations an" more !eneral "on"e&ts o$ internationa! &u/!i" (ea!t( !a% shoul" inform statecourts consi"eration of this issue./ ( conclu"e that in "ealin! with the ran!e of transnational lawfrom ratifie" treaties to the &ersuasive de"isions o$ $oreign "ourtsconstituent states shoul",an" in some cases *ust3 i*&!e*ent internationa! (u*an rig(ts nor*s. (n so "oin!, ( ar!ue

that subnational im#lementation of international human ri!hts is fully consistent with the Unite"States fe"eral system, an" that state constitutional construction is a &arti"u!ar!' use$u!

ve(i"!e $or a"(ieving su"( i*&!e*entation. (. SGU)C3S G9 SA3 CGU) )3SPGS($(L(M G(:PL3:3 (3)A(GAL EU:A )(FES LAB A. he Structure of the 9e"eral System 5. he 9e"eral Su#remacyClause (n lar!e #art, state courts obli!ations to im#lement international human ri!hts law "erive "irectly from the fe"eral system.he Unite" States Constitution reserves the treaty #ower an" res#onsibility for forei!n relations to the fe"eral !overnment.2

Eowever, the Unite" States fe"eral system reserves si!nificant re!ulation of entire substantivecate!ories such as criminal, family, an" social welfare law to subnational !overnments .5& (tfollows that when the Unite" States assents to a treaty or other international a!reement, thefe"eral system often "eman"s that im#lementation occur on the state as well as the fe"eral level.55 I$states $ai! to i*&!e*ent internationa! treat' &rovisions t(at address areastraditiona!!' reserved to t(e*3 the U nite" S tates "annot 3 as a &ra"ti"a! *atter3a"(ieve "o*&!ian"e with the treaty #rovisions to which it is #arty. otably, the Unite" States treatyobli!ations may !o beyon" treaties substantive focus an" may also incor#orate their enforcement #roce"ures.5% 9or e0am#le, boththe (nternational Covenant on Civil an" Political )i!hts =(CCP)> an" the Convention for the 3limination of All 9orms of )acialDiscrimination =C3)D> re?uire the availability of <u"icial reme"ies for violations.5+ Un"er fe"eral <uris"ictional constraints,however, <u"icial reme"ies will sometimes be available only in state courts. his mi!ht be true, for e0am#le, of cases shiel"e" fromfe"eral <u"icial review un"er the Pennhurst "octrine, which bars fe"eral court a"<u"ication of state law claims for in<unctive reliefa!ainst the state.5 Liewise, even if #laintiffs are #ressin! human ri!hts claims that im#licate fe"eral obli!ations un"erinternational law, the fe"eral courts may eschew cases arisin! in the family law or criminal law conte0ts, at least in the first

instance.5 (n such situations, unless there is state court #artici#ation in the #roce"ural as well as substantiveim#lementation of human ri!hts stan"ar"s, the U nite" S tates %i!! $a!! s(ort o$ $u!$i!!ing itstreat' o/!igations.5*

IHRL treat' i*&!e*entation ga&s /road!' under*ine *u!ti!atera!is*---do*esti" i*&!e*entation is #e' ara J. 9e!is( :, Nisitin! Professor, University of otre Dame School of Law, S#rin! %&&2,

Associate Professor of Law, University at $uffalo School of Law, SUM, H9rom Para"o0 to



Subsi"iarity he Unite" States an" Euman )i!hts reaty $o"ies,Ihtt#www.yale.e"uy<ilfilesKPD9svol+:elish.#"f

Bhile realists "ominate" U.S. human ri!hts #olicy "urin! the Col" Bar, 52 an" remain hi!hly influential in the forei!n #olicy establishment to"ay,institutionalists have !aine" increasin! #rominence over the last two "eca"es with the "ramatic #roliferation of international institutions an" ra#i"

e0#ansion of the international human ri!hts architecture. Bithin this conte0t, the #ush1#ull "ynamic over U.S. human ri!hts#olicy as a forei!n #olicy ob<ective has shifte" "eterminatively towar" institutionalists. 9or this!rou#, human ri!hts treaty bo"y en!a!ement serves two #rimary strate!ic forei!n #olicy !oals to"ayfirst, renew al of ).S. *ora! !eaders(i& in *u!ti!atera! settings an" , secon", #romotion ofhuman ri!hts an" "emocratic reforms in other countries. $oth are "irecte" to furtherin!national security an" !lobal #ublic or"er ob<ectives, in"e#en"ent of any "omestic #olicyim#lication. 9irst, institutionalists a##reciate that the international stan"in! of U.S. "i#lomatsan" their ability to lea" in international #rocesses of !lobal "is#ute resolution are com#romise"

by the nations failure to ratify core human ri!hts treaties an" en!a!e in their su#ervisory #roce"ures. hisfailure, which has left the nation increasin!ly in the com#any of ro!ue or faile" states,5& ren"ers it out of ste# with its"emocratic #artners an" sub<ect s it to char!es of hy#ocrisy by less "emocratic nations where theUnite" States sees human ri!hts im#rovements or security safe!uar"s . 55 Gn a #ractical level,this i*&airs t(e ) nited S tates +s a/i!it' to a""o*&!is( its nationa! se"urit' an" otherg!o/a! se"urit' &riorities %it(in *u!ti!atera! settings, at times main! "isa!reement

with the Unite" States a H#rinci#le"I human ri!hts stan" in itself for nations.5% (n this sense, ratification

an" en!a!ement serve as tools throu!h which the Unite" States can reseat itself within the Hinternational community,I reassert its moral lea"ershi#role, an" hence better #romote its national security a!en"a in multilateral settin!s, where most international wor !ets "one. 9or institutionalists, thishas been a #articular #riority followin! the wi"ely internationally con"emne" unilateral actions taen by the Unite" States followin! the 255 terrorist

attacs. he secon" factor, *ost "o**on!' arti"u!ated /' t(e ).S. State e&art*ent ,involves reco!nition that full "o*&!ian"e /' t(e ) nited S tates %it( internationa!(u*an rig(ts treat' /od' &ro"edures increases the visibility an" le!itimacy of the#roce"ures themselves, ratchetin! u# e0#ectation levels for their re!ular an" concerte" use , an"thereby #ro""in! other states to tae the #roce"ures more seriously . (n"ee", U.S. e0ecutive a!encies reco!ni4e

that human ri!hts treaty bo"iesby #rovi"in! an international s#otli!ht for !ross abuses, !ivin! voice to in"ivi"uals an" civil society !rou#s seein!!reater human ri!hts #rotections an" trans#arency at home, an" #rovi"in! le!itimacy to "omestic human ri!hts an" "emocracy movementshaveinitiate" im#ortant conversations an" #rocesses in countries aroun" the worl", #articularly in transitional states.5+ hey also reco!ni4e that while theUnite" Statess failure to ratify s#ecific treaties has not liely cause" other states to fore!o ratification, it may embol"en some to turn ratification into anem#ty #olitical act use" as a rhetorical "evice to claim !reater commitment to human ri!hts than the Unite" States without main! corres#on"in!chan!es in their #olicies an" #ractices at home.5

Co**it*ent to *u!ti!atera!is* is #e' to so!ve a !aundr' !ist o$ e;istentia!t(reats3sther <ri**er 13 Assistant Secretary for the $ureau of (nternational Gr!ani4ation Affairsat the Unite" States De#artment of State from A#ril %&&2 to June %&5+, HSmart PowerI an":ultilateral Di#lomacy, June, htt#transatlantic.sais1<hu.e"u#ublicationsboosSmarter%&PowerCha#ter%&%&brimmer.#"f Gver the subse?uent "eca"e, the variable "efinitions of Smart Power have evolve" to reflect a ra#i"ly chan!in! forei!naffairs lan"sca#e O a lan"sca#e sha#e" increasin!ly by transnational issues an" what can only be "escribe" as truly

!lobal challen!es. ations of the worl" must now calibrate their forei!n #olicy investments to try to levera!e new o##ortunities while #rotectin! their

interests from emer!in! vulnerabilities. Smart Power is no lon!er an alternative #ath; it is a four1lane i*&erative.

he worl" in %&5 is fun"amentally "ifferent from #revious #erio"s, !rowin! vastly more interconnecte",

inter"e#en"ent, networe", an" com#le0. ational economies are in many cases ine0tricablyintertwine", with cross1bor"er im#orts an" e0#orts increasin! nearly tenfol" over the #ast forty years, an" more than "oublin! over <ust the #ast

"eca"e. At the same time, we are all connecte" O an" connecte" imme"iately O to news an" events that in #ast!enerations woul" have been restricte" to their local vicinities. Consi"er, for e0am#le, the %&55 tsunami that "evastate" #arts of Ja#an. ot only "i"

we now in real time of the earth?uae that tri!!ere" the tsunami, we ha" live covera!e of some of the tsunamis most "evastatin! im#acts an" thenroun"1the1cloc covera!e of the 9uushima nuclear #ower #lant crisis. Communications technolo!y brin!s such events to us without "elay an" in hi!h"efinition. his communications revolution, hea"line" by the e0#losion of social me"ia, carries with it the almost unlimite" #otential to inform an"e"ucate. (t also #rovi"es #eo#le an" communities with new ability to influence an" a"vance their causes O both benevolent an" otherwise, as the

"ramatic events of recent years in orth Africa an" the :i""le 3ast have ma"e clear. At the same time, !lobal #ower is more"iffuse to"ay than in centuries. Althou!h #re"ictions of the nation1states "emise have !oneunreali4e", non1state actors O inclu"in! FGs, cor#orations, an" international or!ani4ations 1 are more influentialto"ay than #erha#s at any #oint in human history. he same mi!ht be sai" for transnational



criminal networs an" other harmful actors. Concurrently, we are witnessin! the rise of new centers of influence O the so1

calle" Hemer!in!I nations O that are seein! an" !ainin! #ositions of !lobal lea"ershi#. hese emer!in! #owers brin! uni?ue histories an" new#ers#ectives to the "iscussion of current challen!es an" the future of !lobal !overnance. Several of these countries are "emocracies an" share many ofthe core values of the Unite" States; others have shar#ly "ifferent #olitical systems an" #ers#ectives. All are !au!in! how to be more active in the !lobal

arena. (t is this new , more "iffuse" !lobal system that must now fin" means of a""ress in! to"ays#ressin! !lobal challen!es O challen!es that in many cases "eman" Smart Power in!enuity.

9rom terroris* to nuclear #roliferation, "!i*ate "(ange to &ande*i" disease 3 transnationa!

"ri*e to "'/er atta"#s 3 violations of fun"amental human ri!hts to natural "isasters, to"ays*ost urgent se"urit' "(a!!enges #ay no hee" to state bor"ers . So, <ust as !lobal #ower is more "iffuse, so

too are the o##osin! threats an" challen!es, an" it is in this new reality that t(e ) nited S tates *ust de$ineand e*&!o' its S*art Po%er resour"es. hat reality "eman"s a "efinition that must nowfar e;"eed t(e origin &ara*eters o$ (ard and so$t. :any of these challen!es woul" beunres#onsive to tra"itional Ear" tools =coercion, economic sanctions, military force>, while thea##lication of Soft tools =norm a"vancement, cultural influence, #ublic "i#lomacy> in customary channels is liely to #rovi"e unsatisfactory im#act . Ultimately, the ot(er "o*&onentne"essar' in to"ays Smart Power alchemy is robust, focuse", an" sustained internationa!"oo&eration. (n effect, in an increasin! number of instances, Smart Power must now featureshare" #ower, an" in that conte0t forei!n #olicy choices must follow two relate" but "istinct a0es. 9irst, those #olicy choices must stren!then a

states overall stature an" influence =rather than "iminish it>, leavin! the state un"ertain! the action in a #osition of e?ual or !reater !lobal stan"in!.

his is easier sai" than "one. he #roliferation in challen!es facin! all states has create" a nee" formulti#le, simultaneous "i#lomatic transactions amon! a broa"enin! cast of actors. Fiven the nature

of to"ays threats facin! states both lar!e an" small, those transactions have never been more fre?uent an" at times overla##in! O a reality that re?uires

new a!ility an" synchroni4ation within forei!n #olicy hierarchies. States that are less ca#able of res#on"in! to this newreality may e0#erience "iminishe" #olitical ca#ital an" international stan"in! by actin! oncontem#orary threats in isolation or without a full a##reciation of the rei!nin! internationalsentiment. :any observers have hi!hli!hte" U.S. "ecision1main! in a"vance of the %&&+ (ra? invasion asin"icative of <ust this #henomenon . Alternatively, states a##lyin! a new Smart Power a##roach to their forei!n #olicy reco!ni4e

the overla##in! nee" to maintain !lobal stan"in! an" stature while seein! resolution of in"ivi"ual #olicy challen!es. Be see consi"erable effort on the#art of emer!in! #owers to fin" <ust that balance, an" ( woul" ar!ue that the Unite" States has also ma"e !reat stri"es in that re!ar" since %&&2.

Secon", Smart Power #olicy choices must contribute to the strengt( and resi!ien"e o$ t(einternationa! s'ste*. As note" above,the !lobali4ation of contem#orary challen!es an" securitythreats has au!mente" the nee" for e$$e"tive "oo&eration a*ong states and ot(erinternationa! a"tors, an" #lace" even greater de*ands on the !lobal networ of

international institutions, conferences, framewors, an" !rou#in!s in which these challen!es are more an"more fre?uently a""resse". Fiven this hei!htene" nee" for structures to facilitate international collaboration, states are more rarely

un"ertain! forei!n #olicy courses of action that entirely lac a multilateral com#onent, or that feature no interaction with or "eman"s u#on theinternational architecture. As recent American history shows, even states with unilateral ten"encies have foun" themselves returnin! to the multilateralfol" to a""ress as#ects of a threat or challen!e that sim#ly cannot be a""resse" effectively alone.

S"enario 2- Over&o&u!ation

Prostitution is a test "ase $or t(e )S+s a&&roa"( to (u*an rig(ts=!ega!iingas se; %or# is "riti"a!

A!nes <inag%a(o 10, Permanent Secretary of Eealth, )e#ublic of )wan"a, an" a visitin!lecturer at Earvar" University, et al1:awuena A!bonyitor, Aimable :wananawe, Placi"ie:u!wane4a, Ale0an"er (rwin, an" Corine Varema, HDevelo#in! human ri!hts1base" strate!iesto im#rove health amon! female se0 worers in )wan"a,I Eealth an" Euman )i!hts Journal,htt#www.hhr<ournal.or!%&5+&/%*"evelo#in!1human1ri!hts1base"1strate!ies1to1im#rove1health1amon!1female1se01worers1in1rwan"aSuch an a##roach im#lies a fun"amental rethinin! of how many !overnments havetra"itionally "ealt with se0 wor . (nstea" of fi!htin! se0 worers, !overnments shoul" focus on fi!htin! the causes of se0

wor. (m#risonin! se0 worers is not a solution. (f !overnments an" #arliaments wish to criminali4e #rostitution, <ustice "ictates that they !o even further by arrestin! the clients of se0 worers, since these men are the ones buyin! ille!al services

otherwise, the "eman" for commercial se0 will #ersist. Eowever, in a conte0t mare" by #overty an" E(NA(DS,instea" of incarceratin! se0 worers an" or t(eir "usto*ers, #ublic #olicy shoul" aim first to



secure the #ublics health. his means #ursuin! two simultaneous, mutually reinforcin! #riorities $rin! healthservices an" #revention interventions to se0 worers in a #artici#atory manner, a"vancin!universal access to E(N #revention, care, an" treatment, an" #rotectin! se0 worers an" the !eneral #o#ulation

a!ainst E(N an" S(s; an" Accelerate #olicies in a##ro#riate sectors to a""ress the structural issues of#overty an" !en"er "iscrimination that currently leave female se0 worers in )wan"a with fewcre"ible #aths to alternative livelihoo"s. he international human ri!hts framewor #rovi"es

ar!uments for this multi"imensional a##roach. he 52* BEG Constitution alrea"yacnowle"!e" that the ri!ht to health im#lies not only access to me"ical care, but <ust as fun"amentally the creationof health1enablin! social an" economic con"itions for all #eo#le.+' his insi!ht has been refine"throu!h a series of "eclarations, covenants, an" other human ri!hts instruments, notably inclu"in! the 52'/ Alma1

Ata Declaration an" the U Committee on 3conomic, Social an" Cultural )i!hts Feneral Comment 5,

on the ri!ht to health, issue" in %&&&.+/ he im#lications of these #ositions have been wore" out byhuman ri!hts scholars an" <urists , inclu"in! in the #a!es of this <ournal.+2 A !rowin! consensus hasemer!e" that the i*&!e*entation o$ a (u*an rig(ts -/ased a&&roa"( to health re?uires"eliberate action on the social factors that sha#e health o##ortunities an" outcomes.& his "oesnot mean that a tension1free relationshi# e0ists between ri!hts1base" mo"els an" a #ublic health a!en"a oriente" to the social"eterminants of health. he articles !athere" in this issue of Eealth an" Euman )i!hts hi!hli!ht "iver!ences an" #otential conflicts,as well as #ositive resonances, amon! social e#i"emiolo!y, social me"icine tra"itions, an" human ri!hts. hese contrasts stem in#art from these a##roaches "istinctive historical tra<ectories, which have been closely intertwine" but are not i"entical. 9rom the#ra!matic stan"#oint of health #olicymain!, several factors coul" weaen the emer!in! syner!y between social "eterminantsanalysis an" ri!hts1"riven health action. Perha#s most im#ortant, a #ublic health a##roach em#hasi4in! multi#le social"eterminants coul" e0acerbate the Hfu44inessI that has historically #la!ue" the notion of the ri!ht to health, an" which, in somecircles, has "ama!e" the cre"ibility of ri!hts1base" a##roaches to health #olicy.5 As Alicia 3ly Mamin has ar!ue", #ro#onents of theri!ht to health are often tem#te" to blur the "istinction between health an" overall well1bein! or ?uality of life.% his ten"ency toinclu"e #ractically everythin! !oo" an" "esirable un"er the rubric of HhealthI may enable us to score rhetorical #oints in the shortterm but, ultimately, it limits the #recision an" efficacy of ri!hts1"riven ar!uments in the health #olicy s#here. (f han"le" withouta##ro#riate analytic ri!or, social "eterminants lan!ua!e in #ublic health coul" e0acerbate this "ilution of the conce#t of the ri!ht tohealth. A social "eterminants a!en"a enlar!es the boun"aries of health action to inclu"e #olicy ob<ectives in !en"er "iscrimination,#overty, housin!, an" e"ucation, for e0am#le. Met this e0#ansion of the notion of health action must not become an e0cuse forintellectual la4iness. he terms HhealthI or Hhealth "eterminantsI must not be bran"ishe" in"ifferently to "esi!nate Heverythin! wemi!ht value in a W!oo" life.I+ he conce#tual an" le!al ri!or of a human ri!hts1base" analysis is #recisely what is nee"e" to avoi"

this tra#. Euman ri!hts analysis taes the emer!in! scientific #icture of how social an" economicfactors influence health outcomes an" translates these scientific fin"in!s into s#ecific, concreteob<ectives for #olicy an" social action. Amon! the many social factors that influence health, an" on which in an i"eal worl" it mi!ht be "esirable for #olicy to act, ri!hts1base" analysis tells us which factors are actionable within countries e0istin! le!al

framewors an" #olitical structures. (n this sense, human ri!hts 1base" analysis me"iates the #assa!e fromscientific "escri#tion an" social as#iration to &o!iti"a! a"tion, that is, from reco!ni4in! themulti#le social factors that influence #eo#les health to formulatin! #olicy an" #ro!rammin!measures that can a"(ieve &o!iti"a! tra"tion and so /ring "(ange on t(e ground. he

e0#ansion of the conce#tual an" #olitical s#ace connecte" with health un"erscores this critical clarifyin! role of human ri!hts.

Euman ri!hts1base" le!al analysis tells us what claims are actionable within le!al an" #olicystructures. (t thus hel#s us set realistic an" a"(ieva/!e goa!s $or &o!i"' rather than invoeH#ie1in1the1syI as#irations with no #olitical wei!ht. )i!hts1informe" le!al analysis i"entifiesthose areas where #ublic health evi"ence an" social "eman" can achieve levera!e, not ustt(eoreti"a!!'3 /ut t(roug( t(e a"tua! a""ounta/i!it' *e"(anis*s that me"iaterelations between citi4ens an" !overnment. hus, as Mamin an" others have ar!ue", a human ri!hts lenscan actually be!in to chan!e how members of "isa"vanta!e" communities e0#erience their#osition vis1X1vis #ublic authorities . )ather than #assive victims of e0ternal forces, citi4enso#eratin! within a ri!hts structure become a"tive &rotagonists &arti"i&ating in thei"entification, im#lementation, an" evaluation of #olitical solutions. Mamin writes that H what a ri!htsframewor most "istinctively a""s to mountin! wor from the fiel"s of social me"icine an" social e#i"emiolo!y is#recisely to "eman" <ustifications an" accountability,I recastin! #ublic health ine?uities as

violations for which #eo#le are em#owere" to see le!al re"ress . he situation of $e*a!e se; %or#ers "onstitutes a test "ase $or (u*an rig(ts -/ased &o!i"' a&&roa"(es, #recisely because of the *u!ti&!e $or*s o$ so"ia! e;"!usion an" the "o*&ounded (ea!t( ris#sthese women face. (n many settin!s, these riss conver!e in e0tremely hi!h levels of E(N infection amon! se0 worers. Eowever,e0am#les from a ran!e of international settin!s su!!est that #olicy measures informe" by a human ri!hts #ers#ective can yiel"



si!nificant re"uctions in E(N #revalence amon! se0 worers, alon! with other health benefits for this #o#ulation. A""itionalresearch is nee"e" to ?uantify the im#act of s#ecific ri!hts1base" #ro!ram com#onents on health outcomes amon! tar!et#o#ulations. Alrea"y, however, the #icture emer!in! from a number of recent stu"ies on E(N #revention amon! se0 worers isencoura!in!. 9in"in!s su!!est that #ro!rams a##lication of ey human ri!hts #rinci#les, such as #artici#ation by se0 worers in#ro!ram "esi!n an" im#lementation,have been associate" with substantial re"uctions in E(N e#i"emics.*

)S "red on g!o/a! $a*i!' &!anning is "o!!a&sing---t(e on!' %a' to

su""ess$u!!' i*&!e*ent )N goa!s is $or t(e )S to revita!ie its "o**it*entto internationa! (ea!t(Sneha <arot :, Senior Public Policy Associate at the Futtmacher (nstitute, )eclaimin! theLea" )estorin! U.S. Lea"ershi# in Flobal Se0ual an" )e#ro"uctive Eealth Policy, FuttmacherPolicy )eview, Binter, Nolume 5%, umber 5he worl" has chan!e" mare"ly since 522, when U.S. lea"ershi# in !lobal se0ual an"re#ro"uctive health #olicy was on full "is#lay at the historic (nternational Conference onPo#ulation an" Develo#ment =(CPD> in Cairo. he a!reements reache" at this lan"mar eventactively su##orte" by the U nite" S tates have been lar!ely res#onsible for shiftin! the g!o/a!dis"ourse on &o&u!ation issues from one focusin! on meetin! macro1"emo!ra#hic tar!ets for H#o#ulation controlI to a

framewor "efine" by reco!ni4in! the re#ro"uctive (ea!t( and rig(ts o$ %o*en as the /est %a' to&ro*ote deve!o&*ent . (n the 5 years since the (CPD, even as U.S. #olicy re!resse", the

international community continue" to move forwar", embarin! on a new "evelo#ment a!en"a outline" in the:illennium Develo#ment Foals =:DFs>. 3mbrace" by "onor an" "evelo#in! nations alie =but lar!ely i!nore" by the $ush

a"ministration>, the :DFs establishe" ambitious tar!ets an" !oals relate" to re"ucin! #overty an" furtherin!

"evelo#ment, inclu"in! a""ressin! womens health an" e?uality. 9rom its first wee in office, the Gbamaa"ministration has stron!ly si!nale" its intent to restore the countrys re#utation an" itscommitment to a #ro!ressive forei!n #olicy that #rioriti4es "evelo#ment assistance an"embraces the :DFs. As e0#ecte", Presi"ent Gbama move" ?uicly to overturn some of the most heinous#olicies of the #revious a"ministration affectin! U.S. international family #lannin! an" re#ro"uctive health assistance. <utto tru!' de*onstrate seriousness and signi$i"an"e when it comes to se0ual an"re#ro"uctive health an" ri!hts, *ore *ust /e done . he U nite" S tates must reclaim itslea"ershi# role in the international arena by fulfillin! its commitments to Cairo an" the :DFs, an" by $ort(rig(t!'&ro*oting a g!o/a! agenda on %o*en+s se;ua! and re&rodu"tive (ea!t(. (t can tae the first

ste#s by re#rioriti4in! womens health in its own forei!n assistance #olicy an" by ne!otiatin! stron!ly on these issues at a series of u#comin!

international conferences. he Le!acy of the (CPD an" :DFs he HPro!ramme of ActionI that emer!e" from Cairo en"orse" by 5'2 countries re#resente" ma<or stri"es in the area of womens health an" ri!hts!ains stron!ly su##orte" an" ne!otiate" by the U.S.

"ele!ation, un"er the chairmanshi# of Un"ersecretary of State for Flobal Affairs imothy Birth. At its heart, the (CPD embo"ie" a breathrou!h acnowle"!ment of the "riti"a! ro!e o$ %o*eninclu"in! the a"(ieve*ento$ t(eir !ega! rig(ts and t(e e!evation o$ t(eir so"ia! statusas necessary an" inte!ral toHsustainable "evelo#mentI at the family, community an" country level. :eetin! womens nee"s was officiallyreco!ni4e" at the !lobal level as the a##ro#riate, $unda*enta! goa! !ui"in! the formation an"im#lementation of "evelo#ment and &o&u!ation &o!i"' . hus, after Cairo, it was unacce#table to #romote

#o#ulation control as the raison "etre for environmental sustainability, economic "evelo#ment or family #lannin! #ro!rams. (nstea", the (CPDaffirme" the basic re#ro"uctive ri!ht of Hall cou#les an" in"ivi"uals to "eci"e freely an" res#onsibly the number, s#acin! an" timin! of their chil"renan" to have the information an" means to "o so, an" the ri!ht to attain the hi!hest stan"ar" of se0ual an" re#ro"uctive health.I o that en", countriescommitte" to achievin! universal access to re#ro"uctive health care by %&5.he followin! year, at the 522 9ourth Borl" Conference on Bomen in$ei<in!, the Cairo #rinci#les were reaffirme". Althou!h the Cairo a!reement si!nifie" im#ortant ste#s forwar", the outcomes were by no means#erfect. Political com#romises over contentious issues such as abortion were necessary. onetheless, the consensus reache" aroun" even thiscontroversial issue still re#resente" #ro!ress. 9or e0am#le, while access to abortion was not reco!ni4e" as a re#ro"uctive ri!ht #er se, Cairo move" the

"iscussion of abortion to the health im#acts of unsafe abortion, which the final "ocument reco!ni4es as a ma<or #ublic health issue. Si0 years later, the worl"s lea"ers conver!e" a!ain to craft an a!en"a to en" e0treme #overty by %&5 outline" in the :illennium Declaration. At the ew Morhea"?uarters of the Unite" ations =U> in %&&&, 5/2 countries #le"!e" to meet ei!ht "evelo#ment !oals relate" to #overty, e"ucation, !en"ere?uality, maternal an" chil" health, E(NA(DS an" the environment =see bo0>. Attem#ts to #romote an e0#licit re#ro"uctive health an" r i!hts a!en"a

within the :DFs, however, were vi!orously un"ercut "urin! ne!otiations by the $ush a"ministration an" its allies within the so1calle" F'', a coalitionof "evelo#in! countries seein! to enhance their ne!otiatin! #ower within the U by actin! <ointly. hese "eficiencies have been at least #artlyreme"ie" over time. (n the %&& Borl" Summit Gutcome "ocument, worl" lea"ers a!ree" to inte!rate the (CPD !oal of universal access to re#ro"uctivehealth by %&5 into the strate!ies aime" at achievin! the :DFs on maternal an" chil" health, E(NA(DS, !en"er e?uality an" #overty. he U:illennium Pro<ect, an in"e#en"ent a"visory boar" commissione" by the U to "evelo# concrete #lans to im#lement the :DFs, subse?uently#ro"uce" a blue#rint en"orsin! the necessity of se0ual an" re#ro"uctive health to attainin! the :DFs an" "escribin! interventions to that effect. ow,universal access to re#ro"uctive health is liste" as a tar!et for the :DF on maternal health, an" fulfillin! the unmet nee" for family #lannin! is

i"entifie" as a strate!y for achievin! this tar!et. he Unite" States )etreatsY Althou!h the (CPD mare" the <um#in! off #oint for the worl" to move forwar", U.S. #olicy re!resse" in the years imme"iately



followin!. Bith the taeover of the Eouse of )e#resentatives by a conservative )e#ublican lea"ershi# hostile not only to abortion ri!hts but also

to family #lannin! #ro!rams, U.S. fun"in! levels for international family #lannin! assistance "ecline" from their hi!h1water mar in 9M 522, an" by9M %&&/, fun"in! ha" "ro##e" by nearly & when accountin! for inflation. Policy restrictions subse?uently im#ose" by the $ush a"ministrationfurther un"ermine" U.S. cre"ibility an" lea"ershi#. 9rom %&&5 until Presi"ent Gbama rescin"e" it in January, the :e0ico City #olicy =otherwise nownas the !lobal !a! rule> #rohibite" U.S. fun"in! for family #lannin! to in"i!enous !rou#s overseas that en!a!e" in any services, "issemination ofinformation or a"vocacy activities on abortion with other fun"s. An" every year since %&&%, Presi"ent $ush bloce" con!ressionally a##ro#riate"fun"in! for the Unite" ations Po#ulation 9un" on the basis of unfoun"e" alle!ations of its com#licity with coercive abortion #ractices in China. hese #olicies have ha" re#ercussions beyon" access to se0ual an" re#ro"uctive health services. $ecause the se0ual an" re#ro"uctive health of acountrys women an" their #artners is so inte!ral to its ability to achieve other "evelo#ment tar!ets, the lar!er ob<ectives of social an" economic

"evelo#ment as es#ouse" by the (CPD an" the :DFs have also been cri##le". Develo#in! countries that "o not #rovi"e or are im#e"e" from #rovi"in!a"e?uate access to se0ual an" re#ro"uctive health care can only attain limite" economic an" social #ro!ress. :oreover, the !lobal !a! ruleobstructe" human ri!hts an" "emocratic values that the Unite" States ostensibly cares about,such as civil an" #olitical ri!hts relate" to s#eech an" assembly, which are constitutionally #rotecte" for its own citi4ens an"

reco!ni4e" in international treaties. Y$ut the Borl" :oves Ahea" Bhile U.S. #olicy has been la!!in!, other countries an" re!ions have been for!in!ahea" in their efforts to #romote the se0ual an" re#ro"uctive health an" ri!hts of women across the "evelo#in! worl". Countries in 3uro#e es#eciallyhave move" in to fill the lea"ershi# voi". (nitiatives such as the Safe Abortion Action 9un", establishe" in %&&* by the Unite" Vin!"oms De#artmentfor (nternational Develo#ment, were s#ecifically "evelo#e" to ameliorate the harmful effects of the !lobal !a! rule. 3uro#ean "onor countries have also

been #roactively en!a!e" in #ushin! #ro!ress on more #olitically sensitive se0ual an" re#ro"uctive health concerns. (n"ee", countries such as orway,Swe"en, the etherlan"s, the Unite" Vin!"om an" Denmar have been at the forefront in fun"in! #ro!rams in areas such as a"olescent re#ro"uctivehealth, safe abortion services, an" se0ual health an" ri!hts. 3uro#ean countries have also been much more ea!er than the Unite" States to a"o#t an"encoura!e the lan!ua!e an" #olicy framewor of international human ri!hts, as formally "elineate" by the U system, in their own #ro!rams an"#olicies. 3uro#ean "onor countries are ahea" of the Unite" States not only #hiloso#hically, but also financially. Althou!h the Unite" States remainsthe lea"in! "onor country in overall amounts for forei!n ai", 3uro#ean an" other "evelo#e" countries contribute far more of their !ross nationalincome =F(>. =F( com#rises !ross "omestic #ro"uct #lus net income from abroa".> (n %&&', accor"in! to the Gr!anisation for 3conomicCoo#eration an" Develo#ment =G3CD>, the Unite" States s#ent less than two1tenths of one #ercent =&.5*> of its F( towar" official "evelo#mentassistance, #lacin! it last amon! members of G3CDs Develo#ment Assistance Committee =see table>. Amon! committee members, only 3uro#eancountries have met the U tar!et of allocatin! &.'& of F( towar" official "evelo#ment assistance. :eanwhile, other #ro!ress in #romotin! a se0ualan" re#ro"uctive health a!en"a has been occurrin! at the !lobal, re!ional an" country levels. Althou!h thwarte" "urin! hi!h1level internationalconferences by the Unite" States an" other conservative countries, U bo"ies an" a!encies have nonetheless ma"e ey a"vances in securin!re#ro"uctive ri!hts.he U treaty monitorin! system has "evelo#e" a bo"y of im#ortant <uris#ru"ence throu!h the committees that evaluate countriescom#liance with the si0 ma<or international human ri!hts treaties. 9or e0am#le, the Committee on the )i!hts of the Chil", which monitors com#liance

with the Convention on the )i!hts of the Chil", has inter#rete" the treaty to re?uire !overnments that are a #arty to the convention to #rovi"ea"olescents ="efine" by the U as 5&O521year1ol"s> with access to com#rehensive se0ual an" re#ro"uctive health information, Hinclu"in! on family#lannin! an" contrace#tives, the "an!ers of early #re!nancy, the #revention of E(NA(DS an" the #revention an" treatment of se0ually transmitte""iseases,I ensurin! such access Hre!ar"less of their marital status an" whether their #arents or !uar"ians consent.I Similarly, re!ional1level bo"ieshave carve" out im#ortant victories for re#ro"uctive ri!hts. A!ain, 3uro#e is at the forefront, as evi"ence" by the actions of the Council of 3uro#e an"of the 3uro#ean Court of Euman )i!hts. 9or e0am#le, in %&&/, the Parliamentary Assembly of the Council of 3uro#e issue" a resolution reco!ni4in!that the Hlawfulness of abortion "oes not have an effect on a womans nee" for an abortion, but only on her access to a safe abortionI an" ur!e"restrictive member states to "ecriminali4e abortion within reasonable !estational limits. he 3uro#ean court has also built im#ortant #rece"ent for

womens re#ro"uctive ri!hts. (n a historic case a!ainst Polan" in %&&', the court foun" that once !overnments "eci"e to le!ali4e abortion, they mustensure that obstacles "o not im#e"e access to the #roce"ure.he African Union has also ma"e #ro!ress throu!h its Protocol on the )i!hts of Bomen in

Africa, which re?uires states to Hensure that the ri!ht to health of women, inclu"in! se0ual an" re#ro"uctive health, is res#ecte" an" #romote".I (t !oeseven further by bein! the first international treaty to articulate a womans ri!ht to me"ical abortion on a number of !roun"s, inclu"in! cases of ra#e,incest, en"an!erment to the #hysical or mental health of the mother or when the life of the mother or fetus is threatene". 9inally, at the country level,the tren" towar" reco!ni4in! the full ran!e of womens re#ro"uctive ri!hts has continue".Bhile the Unite" States has been #ushin! for !reaterrestrictions on womens re#ro"uctive autonomy at the "omestic an" international levels throu!h all branches of the !overnment, 5* nations have

liberali4e" their abortion laws over the last 5& years, an" an a""itional two have e0#an"e" abortion access in certain <uris"ictions. Gnly two countries

have move" a!ainst the ti"e by removin! all !roun"s for abortion access =see chart>. 9or!in! a ew A!en"a Re&airing3 ret(in#ingand rea!igning ).S. $oreign &o!i"ies on se;ua! and re&rodu"tive (ea!t( will be aformi"able tas, but Presi"ent Gbama has lai" the !roun"wor . he Gbama cam#ai!n formally e0#resse" its

commitment to the current !lobal "evelo#ment a!en"a by incor#oratin! the lan!ua!e of the :DFs into its cam#ai!n #latform an" #romisin! tosu##ort an" achieve the :DFs. Bith res#ect to forei!n ai", the #resi"ent has conveye" a willin!ness to ameliorate the low fun"in! situation for family

#lannin! #ro!rams; as a senator, Gbama en"orse" increasin! fun"in! for international family #lannin! #ro!rams to Z5 billion. Eowever, it isone thin! to re<oin the mainstream, but 6uite anot(er to /e a re"ognied !eader. here isno "oubt that Presi"ent O/a*a an" Secretary of State Eillary )o"ham Clinton are committe" to se0ual an"re#ro"uctive health an" ri!hts, an" to #lacin! a hi!h #riority on "evelo#ment assistance within U.S.

forei!n #olicy. (n"ee", Clinton has been a lon!1stan"in! cham#ion of womens ri!hts in !eneral an" of re#ro"uctive ri!hts s#ecifically. At the 522$ei<in! conference, as hea" of the U.S. "ele!ation, she forthri!htly #roclaime" that womens ri!hts are human ri!htsa sentiment she reiterate" "urin!her Senate confirmation hearin!. An" she en"orse" "evelo#ment assistanceone of the Hthree le!s of American forei!n #olicyIas Han e?ual #artner,alon! with "efense an" "i#lomacy, in the furtherance of Americas national security.I he challen!e confrontin! the a"ministration, then, is not one of#hiloso#hy, but one of #riority. here are several ways that the a"ministration, assiste" by a su##ortive con!ressional lea"ershi#, can be!in to

reestablish the countrys !lobal lea"ershi#. he obvious first ste# woul" be to increase forei!n ai" to international family #lannin! #ro!rams. As a"onor nation, the Unite" States, alon! with other "onor countries, #romise" to #rovi"e one1thir" of the total fun"s nee"e" to meet the (CPD

benchmars =with "evelo#in! countries themselves su##lyin! the rest>; however, the Unite" States has not carrie" its fair share. Accor"in!ly, U.S.a"vocates are wa!in! a concerte" effort to more than "ouble U.S. family #lannin! assistance to at least Z5 billion, base" on the tar!ets set at Cairo.(n"ee", a recently release" re#ort by five former "irectors of the Po#ulation an" )e#ro"uctive Eealth Pro!ram of the U.S. A!ency for (nternationalDevelo#ment =USA(D> recommen"s that 9M %&5& fun"in! for USA(Ds #o#ulation bu"!et be set at Z5.% billion an" raise" to Z5. billion by 9M %&5.

Alon! with bolsterin! the bu"!et for family #lannin!, an" in ee#in! with the inte!rate" !oals of the (CPD an" the :DFs, #olicymaers will nee" torobustly su##ort other "evelo#ment #ro!rams that are crucial to ensurin! the #romotion of se0ual an" re#ro"uctive health, an" vice1versa, such asthose a""ressin! !irls an" a"ult womens e"ucation, an" womens access to vocational trainin! an" financial cre"it. As Con!ress embars on a lon!1term effort to reform an" restructure U.S. forei!n ai" more broa"ly, #olicymaers must loo com#rehensively at the U.S. !lobal health effort, an"confront the reality that E(NA(DS #ro!rams currently claim an e0tremely hi!h #ro#ortion of the total resources allocate". Particularly in "ifficulteconomic times, it will be a challen!e to H!ross u#I authori4ation levels for other critical !lobal health #ortfolios, inclu"in! but not limite" to family#lannin! an" re#ro"uctive health. hat, however, is what will be necessary to ensure that the country has an effective, !lobal health strate!y that in turnfee"s into a com#rehensive effort to combat #overty an" #romote sustainable "evelo#ment worl"wi"e. Althou!h the a"ministration has alrea"y "ealt



with some #olicy mo"ifications such as rescin"in! the !lobal !a! rule, there are lon!1term restrictions within the 52*5 9orei!n Assistance Act that#rohibit the Unite" States from fun"in! the full ran!e of re#ro"uctive health services in its forei!n ai". (n #articular, the 52'+ Eelms Amen"ment bansU.S. fun"in! for most abortion services abroa". (n fact, !iven the hi!h toll #ai" by women in the "evelo#in! worl" who obtain unsafe abortions, there islittle reason other than #olitics that the Unite" States shoul" not <oin other "onor countries in su##ortin! the #rovision of safe abortion servicesabroa". Met, even a more #ro!ressive Con!ress is unliely to re#eal the Eelms Amen"ment anytime soon. :eanwhile, however, at least some of itsharmfulan" unnecessary, if lon!1stan"in!effects coul" be miti!ate" a"ministratively throu!h revise" fiel" !ui"ance hi!hli!htin! activities that are,in fact, #ermissible un"er the law. Such activities woul" inclu"e USA(D su##ort for clinical trainin! un"er certain con"itions; #rovision of neutral,abortion1relate" information; an" fun"in! of abortion services in cases of ra#e an" incest or where the life of the woman is in "an!er. 9inally, whilethe a"ministration wors with Con!ress to ensure the a##ro#riate role of se0ual an" re#ro"uctive health within overall U.S. !lobal health an""evelo#ment efforts, it must not ne!lect the same a"vocacy at the international level, where issues of se0ual an" re#ro"uctive health are at ris of bein!lost amon! concerns of financial crisis an" worsenin! #overty amon! both "evelo#in! an" "evelo#e" countries. (t is im#erative that the Unite" States

remin"s others of the inte!ral role of re#ro"uctive health in economic "evelo#ment an" fi!hts to ee# these issues on the worl"s a!en"a. heGbama a"ministration will have #lenty of o##ortunities in the comin! months an" years to"emonstrate renewe" lea"ershi# on the !lobal sta!e , be!innin! with the (CPD[5 commemoration this year an" the 5&1

year follow1u# to the :DFs in %&5&. At a ran!e of im#ortant conferences, advo"ates %i!! /e !oo# ing tot(e ) nited S tates to ta#e a strong !eaders(i& ro!e in ne!otiatin! #ro!ressive outcomesfor consensus "ocuments, so as to further a #ro!ressive an" effective #olicy a!en"a for#o#ulation an" "evelo#ment. (n #articular, the worl" will be watchin! as the U.S . "ele!ationne!otiates a liely :DF [5& outcome "ocument, with a"vocates *onitoring its "o**it*entto tearing do%n /arriers to t(e vindi"ation o$ t(e se;ua! and re&rodu"tive (ea!t(and rig(ts of millions of in"ivi"uals across this #lanet.

9eeting $a*i!' &!anning needs so!ves over&o&u!ation=it ensures asustaina/!e g!o/a! &o&u!ation /' 20>0)ichar" 3. ?(ite 1, Professor 3meritus1Smith Colle!e, 9oo" Security, Po#ulation, an")e#ro"uctive Eealth, in Flobal Po#ulation an" )e#ro"uctive Eealth, e" Deborah ). :c9arlane,eboo Successful navi!ation of the "emo!ra#hic transition an" avoi"ance of the "emo!ra#hic tra#"e#en" on timely re"uction in fertility . hree factors #lay ey roles here awareness of women that fertility re"uction

is a choice; ob<ective a"vanta!es to smaller family si4e; an" availability of acce#table means of fertility re"uction.* he first factor"e#en"s lar!ely on womens e"ucational status; the secon" on economic variables, inclu"in! em#owerment of women; an" the thir"

on access to re#ro"uctive health services. A #owerful com#arison of two #ro!ressive states in (n"ia =Verala an" amil

a"u> shows that e"ucation an" em#owerment of women there have le" to even lar!er fertilityre"uctions than the coercive measures a"o#te" in China.2=Cha#ter2> 9urthermore, com#arisons between thesetwo states an" other (n"ian states where birth rates remain hi!h reveal that e"ucation of women an" their #artici#ation in the wor

force are the only two elements that have si!nificantly im#acte" birth rates. :ultivariate analysis of a !lobal "ata set confirms thatliteracy rate for women a!e" 5 an" ol"er has the stron!est influence on re"uctions in total fertility rates.* Gthers have also

"ocumente" the im#ortance of womens e"ucation in "ecreasin! birth rates.*=#+'*>,**=#%5> (m#rove" access tocontrace#tion has le" to avoi"ance of an estimate" %+& million births #er year , an" an a""itional

avoi"ance of some %'&,&&& annual maternal "eaths.*' hese results su!!est that e;tending *odernre&rodu"tive (ea!t( servi"esin #articular, meetin! t(e un$u!$i!!ed need $or"ontra"e&tion o$ an esti*ated 222 *i!!ion %o*en %or!d%ide is !i#e!' toa""e!erate redu"tions in /ot( $erti!it' an" maternal mortality . Met e0ten"in! contrace#tion services to

these women woul" still leave millions more women without access to family #lannin!.*' 3ven so, !ra"ual fulfillment ofthe unmet nee" for family #lannin! woul" redu"e tota! $erti!it' rates /e!o% t(ere&!a"e*ent !eve! a$ter 20@0 an" a##roach the levels of the Us low #o#ulation estimatefor %&&.*/ 3ven where foo" security #revails, #articularly in in"ustriali4e" countries, on!oin! #o#ulation!rowth im#oses !rowin! environmental im#acts, such as climate chan!e an" bio"iversity loss.

Po#ulation stabili4ation , therefore, is a necessary !oal for achievement of !lobal sustainability . Althou!h #overty re"uction an" im#rove" foo" access coul" !reatly re"uce foo" insecurity in the worl"

to"ay, lon!1term stability of foo" security re?uires cessation of #o#ulation !rowth. 3fforts in this "irectionre?uire en!a!ement of the worl"s women.



Over&o&u!ation %i!! "ause e;tin"tion---te"( and "onsu*&tion "(anges $ai!a/sent &o&u!ation "(angeChris Hedges :, Senior 9ellow at the ation (nstitute, Pulit4er winner, HAre Be $ree"in!Gurselves to 30tinctionR, :arch 5&,htt#www.alternet.or!story5+&/+areKweKbree"in!KourselvesKtoKe0tinction7numbers transcribe" into wor"s, note" with bracets

All measures to thwart the "e!ra"ation an" "estruction of our ecosystem will be useless if we "o notcut #o#ulation !rowth. $y %&&, if we continue to re#ro"uce at the current rate, the #lanet willhave between / billion an" 5& billion #eo#le, accor"in! to a recent U.. forecast. his is a & #ercentincrease. An" yet !overnment1commissione" reviews, such as the Stern re#ortin $ritain, "o not mention the wor" #o#ulation.$oos an" "ocumentaries that "eal with the climate crisis, inclu"in! Al Fores -An (nconvenient ruth,- fail to "iscuss the "an!er of

#o#ulation !rowth. his omission is o"", !iven that a "oublin! in #o#ulation, even if we cut bac on the use offossil fuels , shut "own all our coal1burnin! #ower #lants an" buil" seas of win" turbines, will #lun!eus into an age o$ e;tin"tion an" "esolation unseen since the en" of the :eso4oic era, * million years a!o, when the

"inosaurs "isa##eare". Be are e0#eriencin! an accelerate" obliteration of the #lanet s life1forms 11 anestimate" /,'*& 6ei!ht thousan" , seven hun"re" an" si0ty8 s#ecies "ie off #er year 11 because ,sim#ly #ut, there are too many #eo#le . :ost of these e0tinctions are the "irect result of thee0#an"in! nee" for ener!y, housin!, foo" an" other resources. he Man!t4e )iver "ol#hin,

Atlantic !ray whale, Best African blac rhino, :erriams el, California !ri44ly bear, silver trout, blue #ie an" "usy seasi"e s#arrow are all victims of (u*an over&o&u!ation. Po#ulation !rowth,

as 3.G. Bilson says, is -the monster on the lan".- S#ecies are vanishin! at a rate of a hun"re" to a thousan"times faster than they "i" before the arrival of humans. (f the current rate of e0tinctioncontinues, Eomo sa#iens will be one of the few life1forms left on the #lanet, its members scramblin! violentlyamon! themselves for water, foo" , fossil fuels an" #erha#s air until they too "isa##ear.Eumanity, Bilson says, is leavin! the Ceno4oic, the a!e of mammals, an" enterin! the3remo4oic 11 the era of solitu"e. As lon! as the 3arth is viewe" as the #ersonal #ro#erty of the human race, a beliefembrace" by everyone from born1a!ain Christians to :ar0ists to free1maret economists, we are "estine" to soon inhabit a biolo!ical wastelan". he #o#ulations in in"ustriali4e" nations maintain their lifestyles because they have the military an"economic #ower to consume a "is#ro#ortionate share of the worl"s resources. he Unite" States alone !obbles u# about % #ercentof the oil #ro"uce" in the worl" each year. hese nations view their stable or even 4ero !rowth birthrates as sufficient. (t has beenleft to "evelo#in! countries to co#e with the emer!ent #o#ulation crisis. (n"ia, 3!y#t, South Africa, (ran, (n"onesia, Cuba an" China, whose one1chil" #olicy has #revente" the a""ition of && million #eo#le, have all trie" to institute #o#ulation control measures. $ut

on most of the #lanet, #o#ulation !rowth is e0#lo"in!. he U.. estimates that %&& million women worl"wi"e "o not have access tocontrace#tion. he #o#ulation of the Persian Fulf states, alon! with the (sraeli1occu#ie" territories, will "ouble in two "eca"es, a rise

that will ominously coinci"e with #reci#itous #ea oil "eclines. he over#o#ulate" re!ions of the !lobe will rava!etheir local environments , cuttin! "own rainforests an" the few remainin! wil"erness areas, in a"es#erate bi" to !row foo". An" the "e#letion an" "estruction of resources will eventually createan over#o#ulation #roblem in in"ustriali4e" nations as well. he resources that in"ustriali4e" nations

consi"er their birthri!ht will become har"er an" more e0#ensive to obtain. )isin! water levels on coastlines, whichmay submer!e coastal nations such as $an!la"esh, will "isru#t a!riculture an" "is#lace millions,

who will attem#t to flee to areas on the #lanet where life is still #ossible. he risin! tem#eratures an" "rou!hts havealrea"y be!un to "estroy cro# lan"s in Africa, Australia, e0as an" California. he effects of this"evastation will first be felt in #laces lie $an!la"esh, but will soon s#rea" within our bor"ers. 9oot#rint "ata su!!ests that, base" oncurrent lifestyles, the sustainable #o#ulation of the Unite" Vin!"om 11 the number of #eo#le the country coul" fee", fuel an" su##ortfrom its own biolo!ical ca#acity 11 is about 5/ million. his means that in an a!e of e0treme scarcity, some + million #eo#le in Freat

$ritain woul" not be able to survive. Gver#o#ulation will become a serious threat to the viability of manyin"ustriali4e" states the instant the chea# consum#tion of the worl"s resources can no lon!er

be maintaine". his moment may be closer than we thin . A worl" where / billion to 5& billion#eo#le are com#etin! for "iminishin! resources %i!! not /e &ea"e$u!. he in"ustriali4e"nations will , as we have "one in (ra?, turn to their militaries to ensure a stea"y su##ly of fossil fuels,

minerals an" other nonrenewable resources in the vain effort to sustain a lifestyle that will , in the en",

be unsustainable. T(e "o!!a&se o$ industria! $ar*ing, which is ma"e #ossible only with chea# oil, willlea" to an increase in famine, "isease an" starvation. An" the reaction of those on the bottom

will be the low1tech tactic of terroris* and %ar. Perha#s the chaos an" bloo"she" will be so massive thatover#o#ulation will be solve" throu!h violence, but this is har"ly a comfort. James Loveloc, an in"e#en"ent $ritish scientist who



has s#ent most of his career loce" out of the mainstream, warne" several "eca"es a!o that "isru#tin! the "elicate balance of the 3arth, which he refers to as a livin! bo"y, woul" be a form of collective suici"e. he atmos#hereon 3arth 11 %5 #ercent o0y!en an" '2 #ercent nitro!en 11 is not common amon! #lanets, he notes. hese !ases are !enerate", an"

maintaine" at an e?uable level for lifes #rocesses, by livin! or!anisms themselves. G0y!en an" nitro!en woul""isa##ear if the bios#here was "estroye". he result woul" be a !reenhouse atmos#here similarto that of Nenus, a #lanet that is conse?uently hun"re"s of "e!rees hotter than 3arth. Loveloc

ar!ues that the atmos#here, oceans, rocs an" soil are livin! entities. hey constitute, he says, a self1re!ulatin! system. Loveloc, insu##ort of this thesis, looe" at the cycle in which al!ae in the oceans #ro"uce volatile sulfur com#oun"s. hese com#oun"s act assee"s to form oceanic clou"s. Bithout these "imethyl sulfi"e -see"s- the coolin! oceanic clou"s woul" be lost. his self1re!ulatin!system is remarable because it maintains favorable con"itions for human life. (ts "estruction woul" not mean the "eath of the

#lanet. (t woul" not mean the "eath of life1forms. $ut it woul" mean the "eath of Eomo sa#iens. Loveloc a"vocatesnuclear #ower an" thermal solar #ower; the latter, he says, can be #ro"uce" by hu!e mirrors mounte" in "eserts suchas those in Ari4ona an" the Sahara. Ee #ro#oses re"ucin! atmos#heric carbon "io0i"e with lar!e #lastic cylin"ers thrust verticallyinto the ocean. hese, he says, coul" brin! nutrient1rich lower waters to the surface, #ro"ucin! an al!al bloom that woul" increase

the clou" cover. $ut he warns that t(ese ste&s %i!! /e ine$$e"tive i$ %e do not $irst "ontro!&o&u!ation gro%t(. Ee believes the 3arth is over#o#ulate" by a factor of about seven. As the #lanet overheats 11

an" he believes we can "o nothin! to halt this #rocess 11 over&o&u!ation %i!! *a#e a!! e$$orts to save t(ee"os'ste* $uti!e. 4 Loveloc, in -he )even!e of Faia,- sai" that if we "o not ra"ically an" imme"iately cut !reenhouse !asemissions, the human race mi!ht not "ie out but it woul" be re"uce" to -a few bree"in! #airs.- -he Nanishin! 9ace of Faia,- his

latest boo, which has for its subtitle -he 9inal Barnin!,- #aints an even !rimmer #icture. Loveloc says a "ontinued

&o&u!ation /oo* %i!! *a#e t(e redu"tion o$ $ossi! $ue! use i*&ossi/!e. (f we "o notre"uce our emissions by *& #ercent, somethin! that can be achieve" only by walin! away fromfossil fuels, t(e (u*an ra"e is doo*ed, he ar!ues. ime is runnin! out. his re"uction willnever tae #lace , he says, unless we can dra*ati"a!!' redu"e our /irt(rate .4 All efforts tostanch the effects of climate chan!e are not !oin! to wor if we "o not #ractice vi!orous#o#ulation control. Gver#o#ulation, in times of har"shi#, will create as much havoc in in"ustriali4e"nations as in the im#overishe" slums aroun" the !lobe where #eo#le stru!!le on less than two "ollars a "ay.

Po#ulation !rowth is often overlooe", or at best consi"ere" a secon"ary issue, by many environmentalists, but it is asfun"amental to our survival as re"ucin! the emissions that are meltin! the #olar ice ca#s.



1AC – Pa!er*o AdvantageCG3(G % PAL3):G

Con$!ation due to anti-tra$$i"#ing vagueness in )N Proto"o!s "ontinuestoda' /ut o&enings *ean no%+s t(e "ru"ia! ti*e to re"on"e&tua!ietra$$i"#ing a&art $ro* &rostitutionJanie A. C(uang 1, Assistant Professor of Law at American University, -30#loitation Cree#an" the Unmain! of Euman rafficin! Law-, last revise" 5&+&5,htt#www.u#f.e"u!re"tissK#"f%&5+1LL)ConfKChuan!.#"f

Bhat mi!ht otherwise be viewe" as a rather #romiscuous conflation of these le!al conce#ts is#ossible here because of the notorious!' rigor-$ree nature o$ the anti-tra$$i"#ing fiel". his

#artly results from the fact that, unlie other fiel"s where an a"vocacy movement s#urs creation of a newle!al re!ime O in the trafficin! fiel", the reverse occurre".*/ Catchin! ri!hts a"vocates flat1foote",!overnments create" an" a"o#te" the U rafficin! Protocol in recor" time, fuele" lar!ely bysecurity concerns over increasin!ly #orous bor"ers. 9or the sae of ?uicly achievin! international consensus over the treaty,

the )N Proto"o! dra$ters ado&ted a de$inition o$ tra$$i"#ing t(at in"!uded"(roni"a!!' vague e!e*ents that remain both un"efine" un"er international law an" sub<ect to

vast "ifferences in inter#retation. he va!aries of the trafficin! "efinition have since enable"a"vocates of "ifferent stri#es to #ursue their =sometimes conflictin!> causes un"er the Htrafficin!I

banner. (n"ee", wi"es#rea" !overnment an" foun"ation su##ort for anti1trafficin! #ro!rams has create" a veritable Htrafficin!

in"ustrial com#le0I boastin! lucrative fun"in! o##ortunities, incentivi4in! #ublic interest or!ani4ations to frame their wor as

antitrafficin! #ro<ects in or"er to ta# otherwise shrinin! #ublic interest fun"in! #ossibilities. Conse6uent!'37tra$$i"#ing8 in t(e e'e o$ di$$erent /e(o!ders (as a!ternate!' *eant "o*/ating a!!even 7vo!untar'8B &rostitution, international marria!e broerin!, the labor ri!hts abuse of lowwa!e mi!rant

worers or, in"ee", of any worer =alien or not> tra##e" at the bottom of the !lobal economy. he ra#i" #o#ulation of thetrafficin! fiel" by such "iverse actors an" a!en"as has further mu""ie" the alrea"y mury "octrinal

waters. :uch of the mo"ern anti1trafficin! movemen ts first "eca"e was consume", for e0am#le,

by de/ates over %(et(er t(e s"o&e o$ t(e tra$$i"#ing de$inition en"o*&asses non-"oer"ed adu!t &rostitution. (n"ee", Bhether the U.. Protocol "efinitions inclusion of such #hrases as He0#loitation

of the #rostitution of others or other forms of se0ual e0#loitationI an" Habuse of a #osition of vulnerabilityI consume" the first

"eca"e of the mo"ern antitrafficin! movement, an" continues to fuel the =often morally1char!e"> #ositions of se; %or#ers+ rig(ts advo"ates and anti-&rostitution neoa/o!itionists a!i#e.*2 herecastin! of force" labor as trafficin! , an" trafficin! as slavery heral"s a secon" !eneration of"efinitional "ebates, this time wa!e" between !overnment bureaucracies seein! O an" resistin! O a

more ca#acious role for the trafficin! re!ime. T(is d'na*i" (as &!a"ed u& $or gra/st(e &o%er to $unda*enta!!' re"on"e&tua!ie t(e &ro/!e* o$ tra$$i"#ing andt(e a&&ro&riate &aradig* and a"tors to address it, as "iscusse" below

T(e )S+s "on$!ation &uts it out o$ ste& %it( Pa!er*o no%=)S+"ri*ina!iation o$ &rostitution under*ines su""ess$u! i*&!e*entation o$)N goa!s

Janie C(uang 5, Practitioner1in1)esi"ence, American University Bashin!ton Colle!e of Law.J.D., Earvar" Law School, HE3 U(3D SA3S AS FLG$AL SE3)(99 US(FU(LA3)AL SAC(GS G CG:$A EU:A )A99(CV(F,I %' :ich. J. (ntl L. +',

Bestlaw (((. Assessin! the U.S. Anti1rafficin! Sanctions )e!ime Since the #assa!e of the NPA, the U.S.!overnment has issue" five (P )e#orts an" three roun"s of sanctions a!ainst countries "eeme"non1com#liant with the U.S. minimum stan"ar"s for combatin! trafficin!. 3a!er to avoi" the threat of U.S. sanctions, anun#rece"ente" number of !overnments worl"wi"e have #asse" anti1trafficin! le!islation an"

"evelo#e" "omestic infrastructure to meet the U.S. minimum stan"ar"s. (n one sense, then, the sanctions re!ime has contribute" to the international 7* framewor by



#romotin! reco!nition of states obli!ation to a""ress trafficin!.5+2 <ut %(et(er t(e a"tions ta#en /' a govern*entresu!t $ro* a genuine "o**it*ent to eradi"ate tra$$i"#ing or 3 instead3 serve ase;&edient "over against t(e t(reat o$ U.S. economic san"tions is a "riti"a! "istinction to bear in min". As

"iscusse" above, the success of the NPA sanctions re!ime shoul" be measure" ?ualitatively, withres#ect to its overall ability to brin! !overnments closer to internali4in! international anti1trafficin! norms. Niewe" throu!h the lens of the four assessment criteria "iscusse" in Part ((, the U.S. minimum stan"ar"s an" the

#rocess by which the Unite" States articulates an" #romotes those stan"ar"s abroa" $a!! s(ort o$ t(eir"a&a"it' to &ro*ote interna!iation o$ internationa! anti- tra$$i"#ing nor*s. (nstea",the NPA sanctions re!ime has become a convenient vehicle for the Unite" States to e0#ort its "omestic viewsan" #riorities on issues that were hi!hly conteste" in Nienna an" for which the Palermo Protocol

effectively broere" a ceasefire. (n threatenin! to "isturb this fra!ile consensus, t(e sanctions regi*eendangers &ros&e"ts $or *u"(-needed internationa! &arti"i&ation in t(e articulation,

#romul!ation, re"ognition3 and interna!iation o$ internationa! anti-tra$$i"#ing nor*s. A.

:utually $in"in! ormsR he first criterion to be consi"ere" in assessin! the sanctions re!imes le!itimacy is whether the norms the Unite" States sees to enforce aremutually bin"in! on the Unite" States an" its tar!et states or, alternatively, bin"in! on all states as a matter of customary international law. $asin! the re!ime on mutually

bin"in! norms avoi"s conflict with international law norms re!ar"in! nonintervention an" non1forcible countermeasures an" #reserves res#ect for state soverei!nty. Afoun"ation in mutually bin"in! norms also hel#s stave off alle!ations of U.S. hy#ocrisy in forcin!others to abi"e by norms to which the Unite" States refuses to bin" itself. ?(i!e t(e ('&o"ris'"(arge t'&i"a!!' (as /een o$ !itt!e "onse6uen"e to the U nite" S tates,5& it (as &arti"u!ar

signi$i"an"e in the tra$$i"#ing conte0t, %(ere internationa! "oo&eration is essentia! to the

su""ess o$ /ot( g!o/a! and ).S. do*esti" anti-tra$$i"#ing e$$orts. he recent "ecision by

the Unite" States to ratify the Palermo Protocol is a welcome "evelo#ment in this re!ar" . $y si!nalin! to the 7** international

community, throu!h ratification, its willin!ness to be boun" by a set of internationally1"efine" stan"ar"s, the Unite" States has im#rove" its stan"in! to #olice the "omestic

anti1trafficin! efforts of other countries. hese salutary effects , however, are offset by the Unite" States un%i!!ingness toa/ide /' the Pa!er*o Protocols "o*&ro*ise over t(e de$inition o$ tra$$i"#ing.55 9or reasons

e0#laine" below, this "e#arture from the com#romise "efinition riss un"erminin! the overallle!itimacy of the NPA sanctions re!ime. $. (nconsistency with (nternational orms he secon"criterion for assessin! the NPA sanctions re!ime concerns whether the Unite" States loos to internationa!standards in a##lyin! its "omestic sanctions laws. Vey factors to consi"er inclu"e whether the substance an" a##lication of the U.S.

minimum stan"ar"s com#ly with the "efinitions set forth in international instruments an" the inter#retations an" recommen"ations of international bo"ies. 5% As Clevelan"

notes,-states are much more liely to voluntarily com#ly with international norms that they#erceive to be fair, an" reliable inter#retation an" a##lication of international norms by

transnational actors is critical to encoura!in! nations to reco!ni4e, internali4e , an" obeyinternational law .- 5+ iven t(e strugg!es over t(e tra$$i"#ing de$inition3 "onsisten"' %it( internationa! nor*s is "ru"ia! to the su""ess$u! o&eration of the internationalanti1trafficin! le!al framewor . As the le!islative !ui"e to the Protocol maes clear, -the mainreason for "efinin! the term -trafficin! in #ersons in international law was to #rovi"e some"e!ree of consensus1base" stan"ar"i4ation of conce#ts- to un"er!ir" -efficient internationalcoo#eration in investi!atin! an" #rosecutin! cases .- 5 An a!ree" "efinition woul" alsostandardie resear"( an" other activities, allowin! for better com#arison of national an"re!ional "ata an" a clearer !lobal #icture of the #roblem . 5 <' su/stituting its o%ntra$$i"#ing de$inition $or t(at o$ t(e Proto"o! an" failin! to a##ly more com#rehensivehuman ri!hts stan"ar"s in its 67*'8 country assessments, however, t(e ).S. sanctions re!ime "urrent!' diverges in"riti"a! res&e"ts $ro* t(e evo!ving internationa! anti-tra$$i"#ing $ra*e%or# .4 5. A -ew

)ealist- A##roach to the rafficin! Definition (n a move that invites Danchins -new realism- criti?ue,

the NPA sanctions

re!ime em#loys atrafficin! "efinition that cites to the Protocol, /ut su/stantive!' *odi$ies t(einternationa!!'-agreed u&on Proto"o! de$inition. 3mbracin! an a/o!itionist

vie%&oint on &rostitution re$or*, 5* this *odi$ied de$inition is $unda*enta!!'in"onsistent %it( t(e Proto"o! dra$ter s intent to &reserve individua! statedis"retion to de"ide t(e do*esti" !ega! treat*ent o$ &rostitution. 5' As "iscusse" in Part (, in

im#lementin! the sanctions re!ime, the (P Gffice wors closely with forei!n !overnments to brin! their "omestic anti1trafficin! laws an" #olicies into com#liance with theU.S. minimum stan"ar"s. 5/ he (P Gffice "rafts a #lan of action for the !overnments an" then #rovi"es them with a "ocument settin! forth Le!al $uil"in! $locs to Combatrafficin! in Persons =Le!al $uil"in! $locs>, 52 i.e., mo"el #rovisions for states to consi"er incor#oratin! into their own "omestic anti1trafficin! laws. he Le!al $uil"in!$locs em#loy a trafficin! "efinition =(P "efinition> that mirrors the Palermo Protocol "efinition but for one critical "ifference how it "efines the term -e0#loitation.- 5&

he Le!al $uil"in! $locs cite the Palermo Protocol as if to su!!est the (P "efinition carries the



im#rimatur of the international community. $ut a com#arison of the two trafficin! "efinitionse0#oses 67*/8 a slei!ht of han" whereas the Palermo Protocol "efines the -e0#loitation- element of the trafficin! "efinition to inclu"e, at a minimum,

the e0#loitation of the #rostitution of others or other forms of se0ual e0#loitation, force" labour or services, slavery or #ractices similar to slavery, servitu"e or the removal ofor!ans, 55 the (P "efinition, while e0#licitly citin! to the Protocol "efinition, states that -30#loitation- shall mean+ =a> ee#in! a #erson in a state of slavery; =b>sub<ectin! a #erson to #ractices similar to slavery; =c> com#ellin! or causin! a #erson to #rovi"e force" labor or services; ="> ee#in! a #erson in a state of servitu"e, inclu"in!se0ual servitu"e; =e> e0#loitation of the #rostitution of another; =f> en!a!in! in any other form of commercial se0ual e0#loitation, inclu"in! but not limite" to #im#in!,#an"erin!, #rocurin!, #rofitin! from #rostitution, maintainin! a brothel, chil" #orno!ra#hy; =!> illicit removal of human or!ans. 5% All elements are the same but for the

a""ition of subsection =f>, "efinin! -commercial se0ual e0#loitation.- As "iscusse" above in Part (, however, the Palermo Protocol dra$ters

&ur&ose!' !e$t t(e ter*s De;&!oitation o$ t(e &rostitution of others- an" -other forms of se0ual e0#loitation- un"efine" to ensure that the trafficin! "efinition woul" be -without#re<u"ice to how state #artie s address &rostitution in t(eir do*esti" !a%s .D 5+ Bhile !overnments

technically are not re?uire" to incor#orate the Le!al $uil"in! $locs into their "omestic le!islation, the threat of sanctions nonetheless#ressures !overnments to conform to U.S. #references . $y virtue of a December %&&% ational Security Presi"ential Directive, 5

67*28 the U.S. !overnment has now u##e" the ante by main! the abolitionist #osition official U.S. #olicy an" an e0#licit con"ition of its forei!n !rant1main! #ro!rams. Ase0#laine" in the %&& (P )e#ort 5 an" a -9act Sheet- on the (P Gffice website, -the in"is#utable connection between human trafficin! an" #rostitution le" the 6$ush8

A"ministration to tae a stron! stan" a!ainst le!ali4e" an" tolerate" #rostitution.- 5* Accor"in!ly, -the U.S. !overnment 6has8 conclu"e" that no U.S. !rant fun"s shoul" beawar"e" to forei!n non1!overnmental or!ani4ations that su##ort le!al state1re!ulate" #rostitution.- 5' S#ecifically, U.S. law now #rohibits the use of U.S. fun"s for =5>#ro!rams that -#romote, su##ort, or a"vocate the le!ali4ation or #ractice of #rostitution-; 5/ an" =%> any or!ani4ation -that has not state" in either a !rant a##lication, a !ranta!reement, or both, that it "oes not #romote, su##ort, or a"vocate the le!ali4ation or #ractice of #rostitution.- 52 he U.S. !overnment recently e0ten"e" this restriction toU.S.1base" E(NA(DS or!ani4ations that receive fun"in! for wor overseas, re?uirin! them to si!n an -anti1#rostitution loyalty oath- 67'&8 #le"!in! their o##osition to#rostitution an" se0 trafficin!. 5*& Pre"ictably, this #olicy has s#awne" two lawsuits challen!in! its constitutionality on 9irst Amen"ment !roun"s. 5*5 hou!h the sanctionsre!ime "oes not e0#licitly re?uire countries to a"o#t an abolitionist #osition, the combination of the fun"in! restrictions an" the Le!al $uil"in! $locs stron!ly si!nals to thosein nee" of economic assistance that the #ath to !ol" lies on the abolitionist si"e of the roa". Eavin! #rovi"e" Z /% million in anti1trafficin! !rants in %&& alone, 5*% the Unite"

States #lays a critical role in !lobal economic assistance. As re#eate"ly raise" "urin! the Nienna #rocess, the ability of "evelo#in! countries an"countries with economies in transition to res#on" to trafficin! "e#en"s on the availability of

economic an" technical assistance to enable them to fully im#lement many of the ey #rovisionsof the Crime Convention an" Palermo Protocol. 5*+ he Unite" States bein! the lar!est source of anti1trafficin! !rant fun"s in the worl", these countries are #lace" in the unenviable #osition ofeither =5> not "evelo#in! anti1trafficin! #ro!rams "ue to the lac of fun"s an" thus risin! U.S.sanctions; or =%> avoi"in! sanctions by "evelo#in! anti1trafficin! #ro!rams with U.S. financialassistance an" its accom#anyin! abolitionist restrictions. (n either case, the stron! U.S. forei!n#olicy stance on #rostitution infuses the sanctions threat with intense #ressure on tar!etcountries to abi"e by U.S. abolitionist #references , 5* "ontrar' to t(e dis"retion t(ePa!er*o Proto"o! e;&!i"it!' a$$orded on t(is issue.

T(e State de&art*ent is o&en to reso!ving tra$$i"#ing "on$!ation /ut on!'"on"rete !ega! "(ange /ased on a /roader IHRL $ra*e%or# in su&&ort o$

se; %or# so!vesVari Leru* 12, Associate Professor of (nter"isci#linary Arts Q Sciences Q Cultural Stu"ies atUniversity of Bashin!ton, $othell, an" A"<unct Professor in Fen"er, Bomen, an" Se0ualityStu"ies at University of Bashin!ton, Seattle, with Viesha :cCurtis, Penelo#e Saun"ers, an"St\#hanie Bahab, Usin! Euman )i!hts to Eol" the US Accountable for its Anti1Se0 rafficin!

A!en"a he Universal Perio"ic )eview an" new "irections for US #olicy,htt#www.antitrafficin!review.or!in"e0.#h#atr<ournalarticleview%%9irst, because of the #ersistent mis#erce#tion in the US that most or all se0 worers are victims ofHtrafficin!I, a"vocates nee" e" to clearly "efine the "ifference between human trafficin! an"se0 wor to #olicy maers. $y "oin! so, they coul" then illuminate for officials why it is a&ro/!e* t(at )S &o!i"ies against se; %or# and (u*an tra$$i"#ing *ista#en!' ste*$ro* t(e sa*e !ogi" =unlie, for e0am#le, #olicies aroun" traffice" farm labour vs. voluntary farm labour>. Secon", fe"eral

#olicy reform aroun" re"ucin! violence an" human ri!hts abuses a!ainst se0 worers is #articularly "ifficult toinstitutionalise "ue to the US !overnance structure in which #ower is "ivi"e" an" share" between the central =fe"eral> an" state or local !overnments. (n other wor"s, even if the StateDe#artment chan!e" its un"erstan"in! of se0 wor an" human trafficin!, t(is %ou!d notauto*ati"a!!' trans!ate into !ega! "(anges at t(e state or !o"a! !eve!.* hir", while #olice

violence an" criminalisation were =an" are> the most #ressin! human ri!hts concerns for se0 worer ri!hts a"vocates in the US, a"vocates realise" thatthey coul" not a""ress se0 worers ri!hts with US lawmaers without also en!a!in! in "ialo!ue aroun" current anti1trafficin! measures. herefore, in

"evelo#in! messa!es that woul" resonate in meetin!s with Eouse an" Senate re#resentatives an" the State De#artment, a"vocates nee"e"to un"erscore the ne!ative im#act that trafficin! measures have on human ri!hts in the US. 9or

e0am#le, they "rew attention to the ways that fe"eral anti1trafficin! fun"in! streams have



increase" =rather than "ecrease"> law enforcement abuse on se0 worers at city an" state levels.' At the same time,

"ue to fe"eral fun"in! restrictions for such research in the US, buil"in! this case with systematic research evi"ence =as o##ose" to anec"otal stories> is

an on!oin! challen!e./ Connectin! with fe"eral officials (n 9ebruary %&55, a"vocates met with Senate an" Eousere#resentatives an" their staff to raise awareness about UP) recommen"ation ]/*, an" the nee" for the US to acce#t the

recommen"ation in its re#ort to the U.2 A"vocates also mana!e" to meet with State De#artmentre#resentatives inclu"in! Earol" Voh, senior le!al a"viser to Secretary of State Eillary Clinton an" hea" of

the US "ele!ation to the U Euman )i!hts Commission for the UP). Bhile these meetin!s tooconsi"erable effort for a"vocates to arran!e, they were facilitate" by the man"ate #rovi"e" by the UP) to en!a!ein o#en "ialo!ue with members of civil society. State De#artment officials too this U man"ateseriously, an" re#eate"ly articulate" to human ri!hts activists their intent to de*onstrate tot(eir g!o/a! &eers (o% t(e )S is a *ode! $or (o% to /est engage %it( "ivi! so"iet'"urin! the UP) #rocess. (n their messa!es to re#resentatives of the Eouse an" Senate an" State De#artment, a"vocatesstresse" that #olicies must be accountable to reliable evi"ence an" assessment. o a""ress thisnee", they ur!e" re#resentatives to buil" Wca#acity for human ri!hts throu!h research an""ialo!ue.*& (n a""ition, a"vocates ur!e" the US !overnment an" Con!ress to W6m8o"ify or eliminatee0istin! fe"eral #olicies that conflate se0 wor with human trafficin! an" #revent se0 worersfrom accessin! services such as healthcare, E(N #revention an" su##ort . A"vocates also recommen"e" the

revocation of the anti1#rostitution loyalty oath =instructin! the De#artment of Justice to cease its a##eal of liti!ation challen!in! the oath>, an"

#ro#ose" that se0 worers shoul" be inclu"e" in the US ational E(NA(DS Strate!y re!ar"in! #revention an" harm re"uction efforts.*5 9or the

first time since the rebirth of the se0 worer ri!hts movement in the %&&&s, a"vocates carryin! clearan" well1"evelo#e" messa!es ha" !aine" access to senior #olicy maers an" electe" fe"eralofficials. Durin! these meetin!s many #olicy maers initially assume" that a"vocates ha" cometo raise concern over Hse0 trafficin!I; some were initially unable to !ras# the i"ea that non1trafficin! relate" human ri!hts

abuses were face" by the constituents re#resente" by Euman )i!hts for All.*% hese meetin!s illustrate" the e0tent to whichHse0 trafficin!I ha" come to be un"erstoo" by #olicy maers in Bashin!ton, D.C. as the centralissue encom#assin! all human ri!hts ?uestions in re!ar"s to #rostitution. Eowever, thesemeetin!s also de*onstrated t(e inte!!e"tua! o&enness of some current officials to broa"entheir un"erstan"in! of the issues at han" es#ecially when #resente" with meticulous evi"encean" when su##orte" by a broa" coalition of res#ecte" activists, scholars, an" health officials. As a result of these

successful connections across many lines of "ifference =both within the Euman )i!hts for All coalition an" between the E)9A a"vocates an" fe"eral

officials>, the messa!es "elivere" by the activists insti!ate" a series of both #ersonal an" #oliticaltransformations. :ost notably, in early :arch %&55 the US release" re#ort to the Unite" ationsin which the !overnment officially acce#te" recommen"ation ]/*, statin! o one shoul" face

violence or "iscrimination in access to #ublic services base" on se0ual orientation or their status as a#erson in #rostitution.*+ As we "escribe ne0t, this remarable an" historic statement by the StateDe#artment has o#ene" u# a new set of o##ortunities an" challen!es for se0 worer activists.

Current G##ortunities an" Challen!es he UP) #rocess hi!hli!hte" the on!oin! im#ortance of the !lobalhuman ri!hts community for brin!in! a "iversity of mar!inalise" voicesinclu"in! those of se0

worersto the attention of US #olicy maers.* (t is our contention that the US StateDe#artments a""e&tan"e o$ re"o**endation F5 is an indi"ation o$ t(e a/i!it' $ororganised se; %or#ers and t(eir a!!ies to &ress $or "(ange.* )ecommen"ation ]/* isitself limite" in what it calls forframin! human ri!hts abuses in terms of basic res#ect un"erthe law an" access to social services.** Eowever, a broa"er human ri!hts strate!y aroun" se0 wor =e.!. onet(at a!so in"!udes !a/our rig(ts, immi!rant ri!hts, an" se0ual ri!hts> has the #otential to chi# away

at the he!emonic un"erstan"in! of se0 worers as #eo#le who must be rescue", save" , an"orrevile". Durin! the ei!ht years of the Feor!e B. $ush a"ministration, #ro!ressives worin! on E(NA(DS treatment an" care, re#ro"uctive ri!hts

an" human ri!hts foun" themselves as outsi"ers in Bashin!ton, D.C.; meanwhile, conservative feminists an" the reli!ious ri!ht were #rovi"e" o#en

access to influence #olicy.*' he election of Presi"ent Gbama le" to !reat ho#e that ey #olicies in these areas woul" return to bein! base" on scientific evi"ence, best #ractices an" human ri!hts stan"ar"s.Gbama initially #ushe" bac on some of the most retro!ressive se0ual an" re#ro"uctive #olicies im#lemente"un"er $ush,*/ but over time #ro!ressives have been "isa##ointe" on many issues. (n re!ar"s toanti1trafficin! #olicies, the Gbama State De#artment has in"icate" an o#enness to #olicychan!e but has also left a !reat "eal of the $ush a##roach intact . he a"ministration has



#ublicly re<ecte" an absolute lin between trafficin! an" se0 wor , statin! that, W#rostitution by willin! a"ults is

not human trafficin! re!ar"less of whether it is le!ali4e", "ecriminali4e", or criminali4e".*2 Ho%ever in 2010, after atem#orary sus#ension of the US a##eal, Gbama "efen"e" the anti1 # rostitution loyalty o ath bycontinuin! to #ursue a##eals of an in<unction won by US1base" international ai" or!anisations#reventin! the a##lication of #olicy to their or!anisations.'& 3ven thou!h these US1base"or!anisations have a!ain #revaile" in court, t(e anti-&rostitution !o'a!t' oat( "ontinues

to re*ain in e$$e"t $or t(e vast *aorit' o$ organisations see#ing PEPGAR $unding %or!d%ide un"er terms almost i"entical to those im#ose" un"er the $ush a"ministration.'5

Des#ite the mi0e" ba! #resente" by the Gbama a##roach to anti1trafficin! #olicies, a"vocates for se0 worers ri!hts were "eli!hte" when, somemonths after the US acce#te" recommen"ation /*, US Secretary of State Eillary Clinton use" the term Hse0 worerI "urin! a s#eech. Commentin! onthe achievements of international "evelo#ment wor for ri!hts at a celebration of LF$ Pri"e :onth co1hoste" by the State De#artment an" Fays an"Lesbians in 9orei!n Affairs A!encies, Clinton re#orte" W6o8ur collea!ues are meetin! with human ri!hts activists, health authorities, youth activists, se0

worers, the full ran!e of #eo#le who are involve" in an" worin! to #rotect LF$ #eo#les ri!hts an" lives.'% his statement combine" with theacce#tance of recommen"ation ]/* in"icates that central fi!ures in the State De#artment are, for the first time in more than a "eca"e, #re#are" to

"ialo!ue about the ri!hts of se0 worers.'+ Eol"in! the US accountable to Euman )i!hts Princi#les Be are now in a historicmoment when human ri!hts an" se0ual ri!hts are be!innin! to be intro"uce" into frames of

both se0 wor an" human trafficin!.' 9or the first time in more than a "eca"e, se0 worers inthe US are finally !ainin! #olitical !roun". Cra"#s (ave a&&eared in the almost he!emonicUS a##roach to trafficin! in #ersons. An" #erha#s for the first time in US history, se0 worers an" their allies have "evelo#e"

worable recommen"ations for chan!e on the fe"eral an" international level. A"vocates reco!nise" early on in the UP)

#rocess that translatin! the rhetorical success of the UP) into tan!ible #olicy results woul"re?uire "eca"es of wor . he UP) #rocess !ave rise to an active worin! !rou# of se0 worerri!hts a"vocates who have continue" to collaborate with worin! !rou# members beyon"or!anisin! aroun" the UP) . A"vocates with the $PPP have committe" to maintainin! a #resence in Bashin!ton, D.C. with a "e"icate"

#olicy consultant monitorin! an" analysin! relate" #olicy actions, inclu"in! the Bashin!ton, D.C. #olicies on Prostitution 9ree ̂ ones. he #rocess hasalso ins#ire" other a"vocate worin! !rou# members to !enerate more collaborative1base" research on se0 wor issues an" to a""ress the "earth of

?uality "ata available. he #re1 an" #ost1UP) #rocesses "iscusse" above re#resent s*a!! vi"tories forthe ran!e of in"ivi"uals involve" in se0ual commerce as well as their allies an" activists. Be no% $a"e a uni6ue o&&ortunit' affor"e" by a !lobal man"ate of the Unite" ationsto be!insystematically im#lementin! human ri!hts #rinci#les into research, activism, an" #olicies re!ar"in! bothse0 wor an" human trafficin!. (n his conclu"in! statement to the Euman )i!hts Council, Earol" Voh, Le!al A"viser of the State

De#artment, state" that, Wthis is an on!oin! #rocess lea"in! to concrete #olicy an" self conscious chan!e.Se0 wor activists an" researchers in the fiel"sof se0ual an" re#ro"uctive health, human ri!hts, an" <ustice must continue to wor to!ether alon! with our international alliesto hol" US !overnin!an" #olicin! institutions accountable to human ri!hts #rinci#les for all #eo#le en!a!e" in se0 tra"e wor.

S"enario 1 La/or Tra$$i"#ing

Current ).S. "on$!ation is *ode!ed and "reates uneven en$or"e*ent o$tra$$i"#ing &o!i"'---&revents data "o!!e"tionJanie A. C(uang 10, Assistant Professor of Law at American University, -)escuin! rafficin!9rom ("eolo!ical Ca#ture Prostitution )eform an" Anti1rafficin! Law an" Policy-, Nol. 5/,%&5&, scholarshi#.law.u#enn.e"uc!iviewcontent.c!iRarticle55*5Qconte0t#ennKlawKreview A. he (m#act on U.S. an" (nternational Anti1trafficin! Laws eo1abolitionist a"vocacy hasaffecte" the ability of U.S. an" international anti1trafficin! laws to serve the #o#ulations they

were "esi!ne" to #rotect in two critical res#ects =5> by dra%ing attention a%a' $ro* t(osetra$$i"#ed into non-se; se"tors , an" =%> by confusin! le!al stan"ar"s by strate!icallye?uatin! trafficin! with slavery. $oth effects &er&etuate in"onsisten"' and "on$usionre!ar"in! the le!al "efinitions of trafficin! an" thus un"ermine the central !oal of the U..rafficin! Protocol that is, to foster international coo#eration amon! states to combat thiscrime an" human ri!hts violation. U.S. an" international anti1trafficin! laws were "esi!ne" to a""ress both se01 an" non1se01

sector trafficin! of men, women, an" chil"ren. As "iscusse" above,%5& e0#an"in! the "efinition of trafficin! toinclu"e non1se01sector forms was a si!nificantan" necessary, given t(e ar!uably greaternu*/er o$ non-se;-se"tor vi"ti*s im#rovement on the #rior le!al re!ime. eo1abolitionist#ressure has resulte" in uneven do*esti" en$or"e*ent o$ t(ese !a%s, however, with theem#hasis on law enforcement activity, resource allocation, an" service #rovision targeted at se01sector trafficin!



an" &rostitution . Gther countries have followe" suit, more liely to a"o#t "omestic laws on se0 1sector trafficin! than on non1se01sector trafficin!, an" o$ten &assing anti-&rostitution!a%s under t(e guise o$ 7tra$$i"#ing 8 !a%s. Until recently, neo1abolitionist #ressure le" the U.S.sanctions re!ime to con"oneif not encoura!esuch uneven le!islative res#onses to the "ifferent

forms of trafficin!.%55 he focus on se0 1sector trafficin! un"ermines the U.S. an" international le!al

"efinitions of trafficin! an" the U.. rafficin! Protocols !oal of ensurin! a consistent le!al

"efinition of trafficin! from country to country in or"er to facilitate more effectiveinternational coo#eration. 9or e0am#le, a uni$or* de$inition o$ tra$$i"#ing is ne"essar' to$oster "oordinated transnationa! res&onses to tra$$i"#ing "ases and to $a"i!itatedata "o!!e"tion re!ar"in! this un"erresearche" #henomenon. Statistics in the trafficin! fiel" are notoriously unreliable,

unsubstantiate" fi!ures often recycle" an" acce#te" as true, as if sheer re#etition !uarantees veracity.%5% Gne of the eyobstacles to "ata collection has been the fact that countries an" or!ani4ations "efine trafficin!"ifferently, some "on$!ating tra$$i"#ing %it( ot(er &(eno*ena3 in"!uding smu!!lin!, ille!al

mi!ration, an" &rostitution.%5+ A""itionally, neo1a/o!itionist &ressure on states to "on$!ate se;tra$$i"#ing and &rostitution &er&etuates t(is "on$usion and in"onsisten"'.

T(is under"uts e$$e"tive !a/or tra$$i"#ing so!utions---re"ogniing&rostitution as !egiti*ate 7se; %or#8 so!ves

Janie A. C(uang 10, Assistant Professor of Law at American University, -)escuin! rafficin!9rom ("eolo!ical Ca#ture Prostitution )eform an" Anti1rafficin! Law an" Policy-, Nol. 5/,%&5&, scholarshi#.law.u#enn.e"uc!iviewcontent.c!iRarticle55*5Qconte0t#ennKlawKreview ain! a"vanta!e of their #ower to control anti1trafficin! "iscourse within the Unite" States, the neo1

abolitionists have embe""e" in the #ublic consciousness a re"uctive narrative of trafficin! . hrou!h

two "iscursive moves, this narrative re"efines the #utative victim #o#ulation as line" to the se0 sectorfirst, by $o"using attention on se; -se"tor tra$$i"#ing to t(e e;"!usion o$ non-se; -se"tor tra$$i"#ing, an" secon", /' "on$!ating tra$$i"#ing %it( &rostitution. Bhile in some sense all

narratives are re"uctive, these #articular "iscursive moves have set in motion a set of ne!ative =however uninten"e">

conse?uences. he re"uctive trafficin! narrative oversim#lifies the #roblem of trafficin! from a

com#le0 human ri!hts #roblem roote" in the failure of mi!ration an" labor framewors to res#on" to !lobali4in! tren"s, to a moral # roblem an" crime of se0ual violence a!ainst women an" !irls best a""resse"

throu!h an a!!ressive criminal <ustice res#onse. (n so "oin!, the narrative circumscribes the ran!e an" content of anti1trafficin!

interventions #roffere", fee"in! states #reference for a!!ressive criminal <ustice res#onses. (t overloos, if not

"iscounts, the nee" for better mi!ration an" labor framewors or socioeconomic #olicies to counter the ne!ative effects of !lobali4in! tren"s that "rive #eo#le to un"ertae risy mi!ration #ro<ects in the firstinstance. 5. he 9ocus on Se0 rafficin! he influence of neo1abolitionist "iscourse traces bac to )e#resentative Smiths ori!inal anti1trafficin! bill, which was #resente" to le!islators an" the American#ublic as a necessary res#onse to the H&,&&& innocent women an" youn! chil"ren . . . thrust into the international se0 tra"e in"ustry with no way outI each year.5* hou!h the &,&&& fi!ure actuallyencom#asse" trafficin! of men, women, an" chil"ren into the Unite" States for sweatsho# labor, "omestic wor, an" a!ricultural labor =an" was "own!ra"e" in %&&+ to a fi!ure of 5/,&&& to %&,&&&>,5' H6t8hemislea"in! claim that all these . . . were Wse0 slaves. . . was useful in rallyin! #ublic su##ort for victims of mi!rant abuse in a climate !enerally hostile to un"ocumente" worers in Americas factories an"

fiel"s.I5/ he neo1abolitionist feminists strate!ically Hfram6e"8 the harms of #rostitution an" trafficin!as #olitically neutral ?uestions of humanitarian concern about thir" worl" women .I52 (n the wae of anti1

#rostitution feminists faile" "omestic #orno!ra#hy an" #rostitution wars in the early 52/&s an" 522&s, focusin! on hir" Borl" women was H#ivotal to wa!in! the fi!ht a!ainst commercial se0ualityI at home an"abroa".5*& Accor"in!ly, con!ressional testimony in the lea"1u# to the NPA #laye" on the ima!ery of women an" chil"ren force" into literal se0ual slavery, utili4in! !ra#hic ima!es of women an" !irls loce" intrailers, ra#e", an" "e#rive" of foo".5*5 Nictims were H#ortraye" as no more than unwillin! !oo"s e0chan!e" between unscru#ulous men, . . . Wcommo"ities . . . bo"ies e0chan!e" on a maret.I5*% he ima!eryuse" in this new cam#ai!n a!ainst Hmo"ern1"ay slaveryI was reminiscent of that use" in the early 52&&s in the feminist1conservative crusa"e a!ainst Hwhite slaveryIof innocent women lure", "eceive", an"

se"uce" into #rostitution by evil, wanton men.5*+ he inor"inate focus on se01sector trafficin! belies the reality thatnon-se; -se"tor tra$$i"#ing a""ounts $or nearly as manyan" ar!uably *ore5*tra$$i"#ing "ases

%or!d%ide . Met HU.S. enforcement #riorities , me"ia attention, an" FG #racticeI have treate" trafficin! for force"

#rostitution as the H#ara"i!matic instance of what Wmo"ern1"ay slavery is assume" to be .I5* A

com#arison of the number of U.S. #rosecutions "urin! the #erio" 522* to %&&& =#re1NPA> an" the #erio" %&&5 to %&& =#ost1NPA> reveals an /'5 increase in cases involvin! se0sector trafficin! an" only a

5&2 increase in non1se01sector trafficin! cases.5** :e"ia re#ortin! on se01sector trafficin! is hu!ely "is#ro#ortionate to

the re#ortin! on non1se01sector trafficin!,5*' as evi"ence" by the attention !arnere" by icholas Vristofs hi!h1#rofile an" controversial ew Mor imes series

on Hse0 slaveryI in Cambo"ia5*/ an" (n"ia5*2 an" Peter Lan"esmans ew Mor imes :a!a4ine e0#os\ on Hse0 slaveryI in the Unite" States.5'& he vast ma<ority of "ocumentaries an" films on trafficin! focuson se01sector trafficin!.5' $y contrast, Chica!o ribune re#orter Cam Sim#sons awar"winnin! Pi#eline to Peril series on the trafficin! of e#alese men into U.S. military bases in (ra? for force" labor5'%!arnere" relatively little attention in mainstream me"ia an" #ublic "iscourse. Cases of women an" !irls traffice" into force" "omestic wor in the Unite" States, a #henomenon e0#ose" by Euman )i!hts Batch

bac in %&&5,5'+ only be!an receivin! me"ia attention within the last three years,5' when non1abolitionists ma"e it a #riority in lobbyin! for the %&&/ NP)A. )ecent case law reveals that those traffice" into

non1se0 sectors ten" to be viewe" sim#ly as e0#loite" mi!rants rather than traffice" #er1sons; the #roblem is viewe" as one of hirin! ille!al immi!rants, not of abusive labor con"itions.5' Critics ofthe biase" treatment of the "ifferent forms of trafficin! attribute the "is#arity to theHme"ia!enicI nature of se01sector trafficin!sim#ly #ut, the fact that Hse0 sells.I5'* he re"uctivenarrative of trafficin! as bein! about women an" chil"ren force" into #rostitution resonates

because of its sim#le narrative structure, with a ba" !uy =evil trafficer or " eviant, se01cra4e" male> "oin! ba" thin!s =se0ual

violence or enslavement> to an innocent, i!norant, im#overishe" victim =traffice" woman or chil", se0 slave, or #rostitute>.he im#risone" nanny or the force"



male farm worer is not nearly so com#ellin! an ob<ect of #ity or com#assion as a brothel ca#tive. he ten"ency to assume that the nanny an" male farm

worer are ille!al mi!rants mass the reality that many cross bor"ers le!ally. An" even if they "o not, the notion that consent to cross bor"ers ille!ally "oes not translate into consent to all subse?uent e0#loitation

is har"er to sell than the stan"ar" se01sector trafficin! narrative of innocence "ebauche". :i!rants e0#loite" in fiel"s, farms, restaurants, hair an" nail salons, homes, an" factories are #ar for the course in theUnite" States, their e0#loiters ?uite #ossibly our nei!hbors, collea!ues, an" frien"s. he sense of ur!ency an" threat to HourI communities is far !reater when it comes to HlooseI mo"ern se0ual mores, which can

coerce or lure HourI "au!hters, sisters, an" wives into the se0 in"ustry.5'' his sim#lifie" version of trafficin! is much easier to e0#lainto the !eneral #o#ulace than the com#le0, multilayere" narrative concernin! the "estabili4in! effects of !lobali4ation an" the resultin!

transnational flow of ca#ital, !oo"s, an" #eo#le.5'/ Un"er this construction, hir" Borl" #rostitutes re#resent the#ara"i!matic e0am#le of #rostitution amountin! to se01sector trafficin! . hey are characteri4e" as H#er#etually

un"er#rivile!e" an" mar!inalise"I by all1encom#assin! economic an" cultural o##ression, such that the very #ossibility of choice or a!ency is ne!ate".5/& H$y e?uatin! choice with wealth, an" coercion with #overty, no s#ace remains to reco!ni4e an" vali"ate the choices that womenmae when confronte" with limite" economic o##ortunities.I5/5 As sociolo!ist Vamala Vem#a"oo ar!ues, the universali4ations an"

!enerali4ations that the neo1abolitionists a"o#t an" e0#ort abroa" reveal the e#istemic #rivile!e of a social !rou# that has a r aciali4e" #ower to "efine the worl" an" to create new meanin!s about socialrealities.5/% he re"uctive #ortrayal of the trafficin! victim sets u# a neoim#erialist #ower relation that #resumes an" establishes an essential "ivi"e between 3ast an" Best, South an" orth1e0otic, archaic,

an" authoritarian versus #ro!ressive an" enli!htene"; it #ositions hir" Borl" women as i!norant, tra"ition boun", #oor, an" infantili4e", resemblin! minors in nee" of !ui"ance.5/+ (n the # rostitution conte0t,the neo1abolitionist narrative H"o6es8 offer an im#ortant criti?ue of liberal notions of free"om an" consent that #resume autonomous in"ivi"uals abstracte" from relations of #ower.I5/ hese liberal notions misstheir mar in the trafficin! conte0t by failin! to a##reciate the nuances of conte0tfor e0am#le, how si!nificant economic, !en"er, an" racial ine?ualities severely com#romise the e0ercise of choice in many#rostitution conte0ts. As sociolo!ist Laura A!ust_n notes, many mi!rant #rostitutes "o notcontrary to the view of some Bestern se01worer a"vocatesa"o#t the view that se0 wor is art, thera#y, or lie anyother <ob.5/ Bhile formali4in! the in"ustry mi!ht enable worers to a"vocate on their own behalf, many mi!rants "o not self1i"entify as se0 #rofessionals but rather view se0 wor as a tem#orary financialmeasure.5/* As A!ust_n e0#lains, there is an inesca#able, fun"amental Hcontra"iction68 of worin! in a sector where ille!ality is the norm.I5/' ormali4in! se0 wor throu!h harm1re"uction strate!ies cannot

avoi" the #ractical obstacles to a!ency that most mi!rant se0 worers suffer as a result of their unlawful mi!ration status.5// onetheless, treatin! #rostitution as #ossiblya form of wor at least focuses attention on the s#ecificities of conte0t for instance, the fact thatcertain worin! con"itions are better for some =e.!., nationals> than others =e.!., mi!rants>. :oreover, as Sullivan e0#lains, t(e&rostitution-as-%or# 7dis"ursive strateg' . . . o&ens u& a s&a"e $or t(e $or*ation o$ne% identities not /ased on &assivit', or se0ual e0#loitation an" se0ual victimhoo".I5/2 Perha#s H6i8t is not se0

wor itself that #romotes o##ressi6on8 . . . but rather the #articular cultural an" le!al #ro"uction of amar!inali4e", "e!ra"e" #rostitution that ensures its o##ressive characteristics while actin! tolimit the subversive #otential that mi!ht atten" a "ecriminali4e", culturally le!itimi4e" form of se0 wor .I52& (n"ee", when it comes

to the commo"ification of se0, what matters ultimately is who controls the meanin! of the #urchase. (n this sense, #erha#s se01worer unions coul" be an e0am#leof the Hvictims of commo"ification . . . a##ro#riat6in!8 the chains that bin" them .I525

Hu*an tra$$i"#ing is "riti"a! su&&ort $or terroris*--- #e' to $a"i!itateterrorist trave! and a!!ian"esRussell D. Howard 13, professor at Middlebury Institute of International Studies,

Joint Special Operations University, Report 13-, October !"13, #$%e &e'us of('tre)is) and $ra*c+in Scoure of t%e orld or So Muc% /ype0#

sou.soco).)il2JSOU!"4ublications213-5/o6ard5&e'us57I&89.pdf

Select cases s%o6 t%at supporters and facilitators %ave actually used %u)an tra*c+in tosupport terrorist e:orts . $%ree 4a+istani citi;ens <6%o 6ere tried in a U.S. court<pleaded uilty to provide )aterial support to t%e $e%ri+-e- $aliban in 4a+istan =$$4>, a

desinated forein terrorist orani;ation =7$O> often referred to as t%e ?4a+istani $aliban.@! $%e t%ree )en Aad)itted t%at bet6een January 3, !"11 and Marc% 1", !"11 t%ey conspired to provide )aterial support to t%e $$4in t%e for) of false docu)entation and identiBcation, +no6in t%at t%e $$4 enaes in terrorist activity and

terroris). C 8ccordin to court docu)ents A t%eyE conducted a %u)an s)ulin operation inFuito, (cuador t%at atte)pted to s)ule an individual t%ey believed to be a )e)ber of t%e $$4 fro) 4a+istan into

t%e United States.3 8ccordin to 8ssistant 8ttorney General for &ational Security 9isa Monaco, t%e case?underscores t%e t%reat posed by human smuggling networks that facilitateterrorist travel .@HC 8 si)ilar case 6as reported in (urope in late !"11, 6%en a /elsin+i )ansupportin t%e So)ali Isla)ist al-S%abaab )ove)ent 6as arrested by 7inlands &ational

ureau of Investiation for participatin in aravated %u)an tra*c+in 6it% a terrorist

intent. $%e lead investiator stated t%at ?plans 6ere under preparation for ta+in peopleabroad 6it%out t%eir +no6lede of t%e real purpose of t%eir travel. $%ere is reasonto believe t%at t%ey 6ould %ave been ta+en to a trainin ca)p.@K $%is case is reportedly

t%e countrys Brst-ever terroris) case, s%o6in t%e e'pansion and pervasiveness of t%e ne'us.C In !"11, t%e

(uropean 4olice O*ce =(uropol> reported a growing connection between humantracking and terror ism. Its (uropean Union =(U> $erroris) Situation and $rend Report su))ari;ed)e)ber states intellience and analysis t%at t%e Lurdistan or+ers 4arty =4LL> and t%e 9iberation $iers of $a)il(la) =9$$(> 6ere actively involved in %u)an tra*c+in. $%e anadian overn)ent furt%er reported t%at 9$$(entered t%e %u)an caro business 6%en its ar)s s)ulin proBts dried up after t%e 6ar in Sri 9an+a ended. In8uust !"11, t%e ri)inal Investiation Depart)ent of Sri 9an+a arrested a leadin )e)ber of t%e 9$$( na)ed



?Uanda ala.@ $%e %u)an tra*c+er %ad been transitin bet6een Malaysia, Sinapore, India, $%ailand, and severalot%er countries, earnin )illions of rupees for 9$$( by sendin people to (uropean countries via i lleal )eans.N

$%ese reports not only %i%li%t t%e lin+aes bet6een %u)an tra*c+in andterroris), but t%ey also s%o6 t%e resiliency and adaptability of t%ese cri)inal ne'usorani;ations.C /u)an tra*c+ers and terrorists beneBt fro) disruptions in anincreasinly lobali;ed 6orld c%aracteri;ed by enclaves t%at provide space for illicit

activities . $%ese spaces can be uridical, social, virtual, or territorial, and )ay be t%e result of t%e vacuu) inpo6er left by 6ea+ or failin states.P 9i+e ot%er for)s of orani;ed cri)e, %u)an tra*c+inis pervasive , and t%ere is %ardly a location in t%e 6orld t%at is not a:ected, 6%et%eras an oriin, transit, or recipient country.N" 8s a result, t%e opportunity forlinkages and alliances between human tracking and terr orist groups isgreat and widespread. $%e follo6in case studies provide a sa)plin of t%is ro6in p%eno)enon.

Nu"!ear terror "auses a""identa! )SRussia nu"!ear %ar---e;tin"tion Anthony <arrett 1@, PhD, 3n!ineerin! an" Public Policy from Carne!ie :ellon University,Director of )esearch, Flobal Catastro#hic )is (nstitute, 9ellow in the )AD Stanton uclearSecurity 9ellows Pro!ram, Seth $aum, PhD, Feo!ra#hy, Pennsylvania State University,

30ecutive Director, FC)(, )esearch Scientist at the $lue :arble S#ace (nstitute of Science,former Nisitin! Scholar #osition at the Center for )esearch on 3nvironmental Decisions atColumbia University, an" Velly Eostetler, )esearch Assistant, FC)(, *%/, HAnaly4in! an")e"ucin! the )iss of (na"vertent uclear Bar $etween the Unite" States an" )ussia,I Sciencean" Flobal Security %5=%> 5&*15++

Bar involvin! si!nificant fractions of the U.S. an" )ussian nuclear arsenals, which are by far thelar!est of any nations, coul" have !lobally catastro#hic effects such as severely re"ucin! foo" #ro"uction for years,5

#otentially lea"in! to colla#se of mo"ern civili4ation worl"wi"e an" even the e;tin"tion o$(u*anit' .% uclear war between the Unite" States an" )ussia coul" occur by various routes, inclu"in! acci"ental or unauthori4e" launch;

"eliberate first attac by one nation; an" ina"vertent attac. (n an acci"ental or unauthori4e" launch or "etonation, system safe!uar"s or #roce"ures tomaintain control over nuclear wea#ons fail in such a way that a nuclear wea#on or missile launches or e0#lo"es without "irection from lea"ers. (n a"eliberate first attac, the attacin! nation "eci"es to attac base" on accurate information about the state of affairs. (n an ina"vertent attac, theattacin! nation mistaenly conclu"es that it is un"er attac an" launches nuclear wea#ons in what it believes is a counterattac.+ =$rinmanshi#strate!ies incor#orate elements of all of the above, in that they involve intentional mani#ulation of riss from otherwise acci"ental or ina"vertentlaunches. > Gver the years, nuclear strate!y was aime" #rimarily at minimi4in! riss of intentional attac throu!h "evelo#ment of "eterrence

ca#abilities, thou!h numerous measures were also taen to re"uce #robabilities of acci"ents, unauthori4e" attac, an" ina"vertent war. 9or #ur#oses of "eterrence, both U.S. an" Soviet)ussian forces have maintaine" si!nificant ca#abilities to have some forces survive a first attac by the other si"e an"to launch a subse?uent counterattac. Eowever, concerns about the e0treme "isru#tions that a first attac woul" cause in the other si"es forces an"comman"1an"1control ca#abilities le" to both si"es "evelo#ment of ca#abilities to "etect a first attac an" launch a counter1attac before sufferin!"ama!e from the first attac. :any #eo#le believe that with the en" of the Col" Bar an" with im#rove" relations between the Unite" States an"

)ussia, the ris of 3ast1Best nuclear war was si!nificantly re"uce".* Eowever, it has also been ar!ue" that inadvertent nu"!ear %ar between the Unite" States an" )ussia has continue" to #resent a su/stantia! ris# .' Bhile the

Unite" States an" )ussia are not actively threatenin! each other with war, they have remaine" rea"y to launch nuclear missiles in res#onse to

in"ications of attac./ 9alse in"icators of nuclear attac coul" be cause" in several ways . 9irst, a wi"e ran!e of

events have alrea"y been mistaenly inter#rete" as in"icators of attac, inclu"in! weather #henomena, a faulty com#uter chi#, wil" animal activity,

an" control1room trainin! ta#es loa"e" at the wron! time.2 Secon", terrorist !rou#s or other actors mi!ht cause attacson either the ) nite" S tates or )ussia that resemble some in" of nuclear attac by the othernation by actions such as e0#lo"in! a stolen or im#rovise" nuclear bomb,5& es#ecially if such an event occurs

"urin! a crisis between the Unite" States an" )ussia.55 A variety of nuclear terrorism scenarios are #ossible.5% Al`ae"a has sou!ht to obtain or construct nuclear wea#ons an" to use them a!ainst the Unite"States.5+ Gther metho"s coul" involve attem#ts to circumvent nuclear wea#on launch controlsafe!uar"s or e0#loit holes in their security.5 (t has lon! been ar!ue" that the #robability ofina"vertent nuclear war is si!nificantly hi!her "urin! U.S.1)ussian crisis con"itions,5 with the Cuban

:issile Crisis bein! a #rime historical e0am#le. (t is #ossible that U.S.1)ussian relations will si!nificantlydeteriorate in the future, in"reasing nu"!ear tensions. here are a variety of ways for athir" #arty to raise tensions between the Unite" States an" )ussia, main! one or both nationsmore liely to misinter#ret events as attacs.5*



And, international coop on tracking is key to solve terror(lsie Gonzalez 13, J.D. andidate, Seton /all University, K21213, $%e &e'usbet6een /u)an $ra*c+in and $erroris)2Orani;ed ri)e o)batin /u)an

$ra*c+in y reatin a ooperative 9a6 (nforce)ent Syste),%ttp22sc%olars%ip.s%u.edu2ci2vie6content.ci0

articleQ1!!Nconte'tQstudent5sc%olars%ip $ec%nical coop eration a)on l a6 e nforce)ent a encies is essential forinvestiatin and prosecutin %u)an tra*c+ers. 8ctress Mira Sorvino, t%e U.&. ood6ill

a)bassador aainst %u)an tra*c+in, said t%at t%ere is a lac+ of stron leislation and police trainin to co)battra*c+in.1H (ven in t%e United States #only 1" percent of police stations %ave any protocol to deal 6it%tra*c+in.#1K uri 7edotov, t%e %ead of t%e U.&. O*ce on Drus and ri)e, called for coordinated local, reional

and international responses t%at balance #proressive and proactive la6enforce)ent# 6it% actions t%at co)bat #t%e )ar+et forces drivin %u)an tra*c+inin )any destination countries.#1 /u)an tra*c+in, currently, is treated as asocial issue rat%er a )atter of national security. 9in+s bet6een terrorists andcri)inals , 6%ic% capitali;e upon aps in la6 enforce)ent and 6ea+ securitystructures, are increasinly beco)in t%e nor). Any successful approach incountering terror and crime will have to address human tracking. ot%

terrorist net6or+s and orani;ed cri)inal roups ta+e advantae of t%e ray areasin t%e la6. O*cials need to ac+no6lede t%e net6or+ structure of terrorists andcri)inal roups 6it% %u)an tra*c+in and B%t t%e net6or+s cooperatively.

S"enario 2 San"tions

).S. do*esti" &o!i"' on &rostitution s(a&es (o% %e en$or"e TPAsan"tions---&!an *oves a%a' $ro* "urrent a/o!itionis* t(at di"tates

/roader tra$$i"#ing &o!i"' Janie A. C(uang 10, Assistant Professor of Law at American University, -)escuin! rafficin!9rom ("eolo!ical Ca#ture Prostitution )eform an" Anti1rafficin! Law an" Policy-, Nol. 5/,

%&5&, scholarshi#.law.u#enn.e"uc!iviewcontent.c!iRarticle55*5Qconte0t#ennKlawKreview (n the service of the neo1abolitionist cause, law an" #olicy initiatives "urin! the $ush A"ministration

%aged a %ar on &rostitution at (o*e and a/road . he neo1abolitionists ha" ey su##ortin the !overnment bureaucracy to im#lement the anti1#rostitution a!en"a worl"wi"e, havin!successfully lobbie" for a neo1abolitionist to "irect the U.S. State De#artment Gffice to :onitor an" Combat rafficin! in Persons

=F(P>,5&5 the office res#onsible for coor"inatin! U.S. antitrafficin! #olicy. $ecause %&&+ was the first year thatcountries rise" anti1trafficin! sanctions for failure to com#ly with the U.S. minimum stan"ar"s,5&% theU.S. !overnments new anti-&rostitution &o!i"' $a"tored into &er"e&tionsif not the realityof

what woul" be re?uire" of other countries in or"er to avoi" sanctions.5&+ he State De#artment #oste" onits website a H9act SheetI statin! that Hwhere #rostitution has been le!ali4e" or tolerate", there is an increase in the "eman" for se0

slaves an" the number of victimi4e" forei!n womenmany liely victims of human trafficin!.I5& Prominent "is#lay ofthe 9act Sheet on the State De#artment website alon!si"e the De#artments H:o"el Law toCombat rafficin! in PersonsI which encoura!e" countries to a"o#t a "efinition of trafficin!

that encom#asses noncoerce" #rostitution5&certainly signa!ed to ot(er "ountries t(e ).S.!overnments interest in eradi"ating &rostitution %or!d%ide. he U.S . !overnments aim toera"icate #rostitution writ lar!e un"er the banner of anti1trafficin! measures soon*ani$ested in *ore e;&!i"it !a%s an" re!ulations that were intro"uce" an" lar!ely a"o#te" in the%&&+, %&&, an" %&&/ reauthori4ations of the NPA .5&* hree initiatives in #articulareachforesha"owe" in earlier neoabolitionist con!ressional testimony articulatin! an a!en"a for U.S. anti1trafficin! #olicymain!5&'

merit close attention =5> anti#rostitution restrictions on fe"eral1!rant a"ministration, =%>anti#rostitution restrictions on U.S. military #ersonnel an" !overnment contractors, an" =+>measures to en" "eman" for #rostitution an" to fe"erali4e #rostitution1relate" crimes.



T(roug( t(e $irst t%o *easures3 t(e neo-a/o!itionists (ave re*a&&ed t(etra$$i"#ing $ie!d , usin! the threatene" with"rawal of U.S. fun"s to #ressure forei!n!overnments, civil1society or!ani4ations, an" #rivate1sector actors to a"o#t anti1#rostitution measures. hou!hthe thir" measure ultimately "i" not survive le!islatively, that it was inclu"e" in the Eouse version of the %&&/ reauthori4ation bill

mars the tremen"ous inroa"s the neoabolitionists have ma"e in #ursuit of their anti1#rostitution a!en"a. $ut #erha#s the mostsi!nificant neo1abolitionist !ains lie not in these le!al reforms but in their success in controllin!

the trafficin! "iscourse an" #romotin! for mainstream consum#tion a re"uctive un"erstan"in!of the very nature of the trafficin! #henomenon . Contrary to the U.S. an" international le!al "efinitions of

trafficin!, t(e neo-a/o!itionists (ave su""eeded in "(ara"teriing tra$$i"#ing as&ri*ari!' a/out3 i$ not !i*ited to3 &rostitution =both Hforce"I an" HvoluntaryI>. )ather than acom#le0 #henomenon "riven by "ee# economic "is#arities between wealthy an" #oorcommunities an" nations, an" by ina"e?uate labor an" mi!ration framewors to mana!e theirconse?uences,5&/ neo1abolitionism constructs trafficin! as a moral or social #roblem "riven bysocial "eviance or entrenche" male #atriarchy. he followin! "iscussion "escribes the neo1abolitionist le!al

reforms an" re"uctive narrative use" to hei!hten the ur!ency an" staes of the anti1#rostitution cam#ai!n. Deemin! the#roblem a Hmo"ern form of slavery,I the neo1 a/o!itionists (ave su""ess$u!!' trans$or*edt(e 7anti-tra$$i"#ing8 *ove*ent into a *odern3 %or!d%ide *ora! "rusade against&rostitution.

Hu*an rig(ts in$usion is #e'---it e$$e"tive!' !i*its t(e TPA san"tionsregi*eJanie C(uang 5, Practitioner1in1)esi"ence, American University Bashin!ton Colle!e of Law.J.D., Earvar" Law School, HE3 U(3D SA3S AS FLG$AL SE3)(99 US(FU(LA3)AL SAC(GS G CG:$A EU:A )A99(CV(F,I %' :ich. J. (ntl L. +'(n a""ition to the "efinitional bait an" switch, the relative absence of human ri!hts norms in theU.S. minimum stan"ar"s contra"icts the increasin! incor#oration of human ri!hts #rinci#lesinto evolvin! international anti1 trafficin! norms an" , in"ee", the avowe" !oals behin" the NPA . he NPAs con!ressional

s#onsors use" the rhetoric of human ri!hts to "escribe the #roblem of trafficin! an" to "eman" a ri!hts1#rotective solution. 5* Ar!uin! in su##ort ofthe sanctions re!ime, Senator Bellstone note" that -women are treate" as criminals an" not as victims of !ross human ri!hts abuse- an" #roclaime"

that -we inten" to chan!e that.- 5** $ut #rotection of the human ri!hts of traffice" #ersons is not amon! thefour minimum stan"ar"s. 5*' Gf the 5& in"icia use" to "etermine the fourth minimum stan"ar" 1 i.e., whether a !overnment -maes

serious an" sustaine" efforts to eliminate severe forms of trafficin! in #ersons- 1 only one refers to the human ri!hts of victims, an" "oes so almost in

#assin!. 5*/ he actual a##lication of the minimum stan"ar"s, as "emonstrate" in the (P )e#ort country assessments,

reveals the low #riority #lace" on human ri!hts #rotections. 5*2 Bhile the focus on a criminal <ustice res#onse mi!ht be viewe" as consistent with the #riorities set by the Palermo Protocol, 5'& t(ere!ative a/sen"e o$ (u*an rig(ts &rote"tions is not. (n a""ition to the Crime Convention re?uirement that

states #rotect victims an" witnesses from #otential retaliation or intimi"ation, 5'5 the Palermo Protocol sets forth a frameworfor #rovi"in! human ri!hts #rotections to traffice" #ersons, inclu"in!, amon! others, me"ical an" #sycholo!ical

care, a##ro#riate shelter, le!al assistance, #hysical safety, tem#orary resi"ence, an" safe re#atriation. 5'% (t also reaffirms thea##licability of 67'%8 broa"er international human ri!hts law by virtue of the article 5 savin!s clause. 5'+ :oreover,

since the a"o#tion of the Protocol, international anti1trafficin! norm "evelo#ment has move" in the "irection of !reater reco!nition of the humanri!hts "imension to the success of !lobal anti1trafficin! efforts. (n res#onse to the -clear nee" for #ractical, ri!hts1base" #olicy !ui"ance on thetrafficin! issue,- 5' the Gffice of the U Ei!h Commissioner for Euman )i!hts =GECE)> "evelo#e" in %&&% its )ecommen"e" Princi#les an"

Fui"elines on Euman )i!hts an" Euman rafficin! =U Princi#les an" Fui"elines>. 5' otin! that efforts to combattrafficin! ha" been -a" hoc , s#ora"ic an" lar!ely ineffective,- mare" by -a ten"ency to

mar!inali4e the human ri!hts an" !en"er "imensions of trafficin!,- 5'* the Ei!h Commissionersou!ht to remin" states of their obli!ation un"er international law to act with "ue "ili!ence to #revent trafficin!,

to investi!ate an" #rosecute trafficers, an" to assist an" #rotect traffice" #ersons. 5'' Cite" 67'+8 with increasin! fre?uency by !overnments, (FGs,

an" FGs, 5'/ the U Princi#les an" Fui"elines have been !ainin! #ersuasive force. 5'2 (n a""ition to #romotin! consistency with the evolvin! international anti1trafficin! norms, a&&!'ing (u*an rig(ts (as t(e&otentia! to &rodu"e *ore e$$e"tive resu!ts . )ecallin! Vohs ob<ections to the sanctions re!ime, trafficin! isnot an isolate" act of violence but rather #art of a broa"er , vicious cycle of human ri!hts abuses .rafficin! bein! roote" in #overty, "iscrimination, an" violence a!ainst women, amon! other en"urin!

socioeconomic ri!hts violations, a sanctions strate!y coul" miss the mar by failin! to a""ress the root



causes of the #roblem. 5/& $ecause trafficin! is a -bottom1u#- human ri!hts #roblem #er#etrate" by nonstate actors an" roote" in #rivate

!ree" an" a"verse economic an" social con"itions, 5/5 a strate!y that #enali4es !overnment actors has limite" effect an" coul" e0acerbate the root

causes of the #roblem by main! tar!et countries #oorer an" the victims even more vulnerable to trafficers. 5/% In"or&oratingsu/stantive (u*an rig(ts standards into the a##lication of t(e san"tions regi*e "an"ounter t(ese !i*itations by "rawin! attention to the un"erlyin! human ri!hts violationsthat #er#etuate trafficin!.

T(at reso!ves "urrent Indian tenden"' to de&rioritie !a/or tra$$i"#ing)atna Ja&ur ,, Flobal Professor of Law, Jin"al Flobal Law School, 9aculty, Feneva School ofDi#lomacy an" (nternational )elations; 9aculty, Earvar" (nternational Flobal Law an" Policy(nstitute, H(n"iaI, cha#ter in Collateral Damage: The Impact of Anti-Trafficking Measures on

Human Rights around the World, %&&', htt#!aatw.or!Collateral%&Dama!eK9inalCollateralDama!eK%&(D(A.#"f

An im#ortant sour"e o$ e;terna! &ressure on (n"ia to amen" its trafficin! laws an" #oliciesemanates from the Unite" States =US> Nictims of rafficin! an" Niolence Protection Act of %&&& =NPA > an" its

subse?uent reauthorisations, the "etails of which have been set out in the intro"uction to this boo. he annual tier#lacements announce" in the US De#artment of States rafficin! in Persons )e#ort =(P )e#ort>

are re!ar"e" with consi"erable sus#icion by some state an" non1state actors, as they arefre?uently base" on criteria that has little to "o with trafficin!. he im#act of the US NPA has at best been?uestionable, an" at worst, harmful to the ri!hts of the very constituency it is inten"e" to hel# =Sha#iro, %&&; Vatayama, %&&>.

9or e0am#le, (n"ia has been #lace" on the ier % Batch List for the thir" consecutive year becauseof its a##arent Hfailure to show evi"ence of increasin! efforts to a""ress trafficin! in #ersonsI

=US (P )e#ort, %&&*>. Bhile (n"ia has a ran!e of laws on trafficin!, i"na##in! an" slavery, it "oes nothave a law outlawin! #rostitution, but rather re!ulates the se0 in"ustry . Met the t(reat o$san"tions (as &ressurised t(e India n govern*ent to "raft a new law that focuses ontrafficin! for #rostitution, tar!etin!, at t(e e;&ense o$ t(eir (u*an rig(ts 3 a broa" ran!eof consensual se0ual relationshi#s where some e0chan!e taes #lace, as well as women in these0 in"ustry. he (mmoral raffic =Prevention> Act =(PA > Amen"ment $ill, %&&*, "o*&!ete!'ignores tra$$i"#ing into ot(er se"tors and "ri*ina!ises "!ients 3 o*itting e*&!o'ersor "o*&anies t(at use tra$$i"#ed !a/our . he #ro#ose" amen"ments to the (n"ian law

will "o little to control trafficin!, but "ou!d a"tua!!' in"rease tra$$i"#ing 3 as se0 worers

will be unable to unionise or chec that no un"era!e !irl or woman is force" into the #rofession,as is currently "one throu!h the self1re!ulation boar"s set u# by a union of se0 worers in Calcutta. he se0

worers have mounte" a very #ublic an" vocal o##osition to these reforms su##orte" by some

feminists, communitybase" mi!rant !rou#s, an" t(ose a%are o$ t(e )S &ressure. 4 Bith its clear em#hasis on law an" or"er, the minimum stan"ar"s set out in the NPA fail to a"e?uately a""ress the nee" to #romote an" #rotect the human ri!htsof traffice" #ersons an" to a"o#t broa"er #revention strate!ies that a""ress the un"erlyin! causes of trafficin!.

T(at+s #e' to India+s internationa! re&utationSharon ambu"ri#a" S"(i$$er 1@, University of :assachusetts $oston, :asters thesis in#ublic affairs, HEow 3n"in! Fen"er Niolence in (n"ia (m#roves the ations (nternational)e#utation an" ourism (n"ustry A Case for ationalism,I December %&5+,htt#scholarwors.umb.e"uc!iviewcontent.c!iRarticle5%%5Qconte0tmastersKtheses(f the nation continues to turn a blin" eye to the #roblem , its influence will have a drasti"

i*&a"t u&on t(e internationa! s'ste*. $etween the years 522& an" %&55, (n"ias re#utation within the international

community flourishe". Clearly, tourism is a by#ro"uct of !lobali4ation. As nations continue to !ain re#utation within theinternational system, the influ0 of forei!ners travelin! to it increases. Prior to %&5+, (n"ia was no e0ce#tion to

this rule. S#ecifically, HBorl" ravel Q ourism Council calculate" that tourism !enerate" ()*. trillion *.* of the nations FDP in %&5%. (tsu##orte" +2. million <obs, '.' of its total em#loyment. he sector is #re"icte" to !row at an avera!e annual rate of '.2 from %&5+ to %&%+I =BC

5' Se#tember %&5%>. As the #re"icte" increase in tourism each year is ?uite substantial, it is clear thatthe (n"ian !overnment ha" !reat faith in their nations attractiveness at the time that the re#ort was com#ile".

Eowever, the reality that has e0#resse" itself varies !reatly from the #re"iction, es#ecially "ue to the December 5*th inci"ent. (f (n"ia is unable to#romote itself as a nation worth travelin! to, it is liely that a nation that #romotes a hi!her "e!ree of human security will re#lace it. As a nation with ahistory of colonialism, (n"ia must solve the issue by itself rather than relyin! out outsi"e forces, as a means of #romotin! human security. (f there is an



e0ternal force coercin! the nation to en" this atrocity, it effectively loses its autonomy. As two ma<or #riorities of the nation of(n"ia are to increase its economy an" its international re#utation , t(e on!' %a' &ossi/!e $orit to do so is to e!i*inate (u*an tra$$i"#ing . his thesis will analy4e the s#ecific root causes of (n"ias #roblem of

!en"er1base" violence an" se0 trafficin!, an" #rove that only by eliminatin! both se0ism an" casteism in the nation =an" #romotin! a sense of truenationalism> will human trafficin! be era"icate". (n 52', (n"ia was ca#able of achievin! in"e#en"ence from $ritish rule. Gne of the mostcom#ellin! reasons why the nation was able to achieve the !oal of in"e#en"ence is because it was able to wor coo#eratively a!ainst one commonenemy colonialism. Prior to 52', un"er $ritish rule, caste an" !en"er "ivisions were ma<or sources of "ivision. As 3n!lan"s ma<or interest at thattime was to #romote its own economic interests in the re!ion, the #ree0istin! "ivisions within the country were a"vanta!eous to the colonial #ower.

hrou!h ma<or social movements from 5/' to 52', there was one i"eolo!y that #revaile" nationalism. Althou!h there were ma<or caste an" !en"er"ivisions, the unifie" sense of H(n"ianI nationality was the ma<or reason why the country was successful in achievin! in"e#en"ence. $y means ofre!ar"in! colonialism as a common enemy, the (n"ian i"entity was constructe". (f human trafficin! within the nation is re!ar"e" as an HenemyI to the

same e0tent as colonialism was, the same ban"in! to!ether in the name of nationalism is liely to occur. his thesis will ar!ue that !en"er1 base" violence is the %&5+ HenemyI that colonialism was in the #re152' era. As society ha" the same

"ivisions in the #ast an" were still ca#able of achievin! a sense of unity towar" a common !oal, this s#ecific #iece of history must be re#eate" in or"erto effectively era"icate !en"er violence. (n the case of (n"ia, in the year %&55, the State De#artment ha" "eclare" it a Hier % Batch List nation.I (n the

year %&5%, it a"vance" to Hier %,I which means that it ha" taen some measures in or"er to "ecrease the severity of the or!ani4e" crime in the nation. As international awareness of se0ual violence an" trafficin! in (n"ia have increase", the nation may have ha" an im#etus to "ecrease the severity of

the illicit tra"e as a means of au!mentin! its international re#utation. Eowever, the fact remains that there are in"ivi"uals that areinvolve" in the illicit tra"e of humans, even citi4ens of their own country. his fact is tellin! of two ma<or factors the statusof those traffice" is #erceive" as lower than that of the trafficers, an" t(e tra$$i"#ing

/usiness is !u"rative. As these fun"amental facts #revail in (n"ia, the only way for it to be sustainably erase" from the nation is by

"ebunin! both i"eas. his thesis will ar!ue that the inci"ence of human trafficin! in (n"ia in fact de"reases its&osition in t(e internationa! s'ste* . he two aforementione" #riorities of the nation increasin! itsinternational re#utation an" its FDP, cannot be accom#lishe" without the era"ication oftrafficin!. Althou!h the trafficers win by earnin! Z.+ billion every year, of which Z+5.* billion are from traffice" victims, accor"in! to he

(nternational Labor Gr!ani4ation =(LG> estimate of !lobal #rofits ma"e from force" laborers e0#loite" by #rivate enter#rises or a!ents =(LG, %&5%>. (n

a""ition, worl" #rofits from all force" commercial se0ual e0#loitation amount to Z++.2 billion. heoccurrence continues to "etract from the FDP. his "ecrease in FDP is throu!h the means of not only "eclinin! tourism

but also the de"rease in &otentia! (u*an "a&ita!. :ore s#ecifically, each in"ivi"ual who is a victimof trafficin! has a #otential economic value that is unable to be reali4e" . 3ach victims res#onsibility is to #ay

off a H"ebtI that has been incurre" in the #rocess of trafficin!. (nstea" of bein! able to wor to further "evelo# thecountry =an" in effect, increase the FDP>, the HworI that the victim en!a!es in becomes #art of the illicittra"e. hus, the #revalence of illicit tra"e not only ne!atively im#acts the victim but also the economy of the nation.

A su""ess$u! Indian rise so!ves a!! e;istentia! t(reats

:ira Ja*dar ,, Borl" Policy (nstitute, lanet India: Ho! the fastest gro!ing democrac" istransforming America and the !orld , %&&', ##. +1No ot(er "ountr' *atters *ore to t(e $uture o$ our &!anet t(an India. here is nochallen!e we face, no o##ortunity we covet where (n"ia "oes not have critical relevance. 9rom combatin! !lobal

terror to fin"in! cures for "an!erous #an"emics, from "ealin! with the ener!y crisis to avertin! the worst

scenarios of !lobal warmin! , from rebalancin! star !lobal ine?ualities to s#urrin! the vital innovation nee"e" to create <obs an" im#rove

livesIndia is no% a &ivota! &!a'er . he worl" is un"er!oin! a #rocess of #rofoun" recalibration in which the rise of Asia is the most im#ortant factor. (n"ia hol"s the ey to this new worl". (n"ia is at once anancient Asian civili4ation, a mo"ern nation !roun"e" in 3nli!htenment values an" "emocratic institutions, an" a risin!twenty1first1century #ower. Bith a #o#ulation of 5.% billion, (n"ia is the worl"s lar!est "emocracy . (t is an o#en,

vibrant society. (n"ias "iverse #o#ulation inclu"es Ein"us, :uslims, Sihs, Christians, $u""hists, Jains, ^oroastrians, Jews, an" animists. here are

twenty1two official lan!ua!es in (n"ia. hree hun"re" fifty million (n"ians s#ea 3n!lish. (n"ia is the worl" in microcosm . (ts

!eo!ra#hy encom#asses every climate, from snowca##e" Eimalayas to #alm1frin!e" beaches to "eserts where noma"s an" camels roam. A "evelo#in!

country, (n"ia is "ivi"e" amon! a tiny affluent minority, a risin! mi""le class, an" /&& million #eo#le who live on less than Z% #er "ay. (n"ia faces allthe critical #roblems of our timee0treme social ine?uality, em#loyment insecurity, a !rowin! ener!y crisis, severe water shorta!es, a "e!ra"e"

environment, !lobal warmin!, a !allo#in! E(NA(DS e#i"emic, terrorist attacson a scale that "efies the ima!ination. (n"ias !oal is /reat(ta#ing in s"o&e transform a "evelo#in! country of more than 5 billion #eo#le into a"evelo#e" nation an" !lobal lea"er by %&%&, an" "o this as a "emocracy in an era of resource scarcity an" environmental

"e!ra"ation. he worl" has to cheer (n"ia on. I$ India $ai!s, there is a real ris that our worl" will become hosta!e to#olitical chaos, war over "win"lin! resources, a #oisone" environment, an" !allo#in! "isease.

Bealthy enclaves will em#loy #rivate com#anies to su##ly their nee"s an" #rivate militias to #rotect them from the #oor massin! at their !ates. $ut, i$ India su""eeds, it will "emonstrate that it is #ossible to lift hun"re"s of millions of #eo#le outof #overty. (t will #rove that multiethnic, multireli!ious "emocracy is not a lu0ury for rich



societies. (t will show us how to save our environment, an" how to mana!e in a fractious,multi#olar worl". India+s ga*/it is tru!' t(e venture o$ t(e "entur' .



1AC – P!an

P!an T(e )nited States "ourts s(ou!d ru!e t(at &rostitution is !ega! /asedon internationa! (u*an rig(ts !a%3 "iting t(e Su&re*e Court o$ Canada+sde"ision in <ed$ord v. Canada3 and s(ou!d re6uire states to1classify se0 worers as em#loyees an" create re!ulations for se0 wor that ensure a safe an"healthy wor#lace, not inclu"in! man"atory health screenin!s or licenses for in"ivi"ual

worers;1re?uire licensin! for thir"1#arty o#erators, e0em#tin! sin!le1o#erator owne" entities with fourse0 worers or less;1#rohibit em#loyers from forcin! a worer to en!a!e in a se0 act;1#rovi"e recourse to worers whose em#loyer violates these em#loyment re!ulations



1AC – So!ven"' CG3(G + SGLN3CM

Lega!iing &rostitution t(roug( IHRL and regu!ating it as 7se; %or#8 so!vesand avoids a!! t(eir turns)onal" ?eiter 1@, Professor of Sociolo!y at Feor!e Bashin!ton University, an" has#ublishe" e0tensively on se0 wor, human trafficin!, an" #rostitution #olicies in the Unite"States an" 3uro#e, HProstitution as a Le!al (nstitution-, December , www.cato1unboun".or!%&5+5%&ronal"1weit4er#rostitution1le!al1institutionUnfortunately, the vast ma<ority of research on #rostitution internationally has focuse" on systems

where all or most of the #recon"itions for #rostitution are ille!al. hus, %(at %e t(in# %e 7#no%8a/out &rostitution *a' /e "o!ored /' resear"( "on$ined to how it manifests un"ercriminali4ation , rather than where it is le!al. (ma!ine researchin! only countries where abortionis criminali4e" an" occurs in unsafe an" sha"y circumstances O then !enerali4in! those sewe"fin"in!s to Habortion.I his is the situation for #rostitution *an' o$ t(e assu*&tions and&u/!i" &o!i"ies regarding it are /ased on either $o!# %isdo* or ignoran"e o$ the full #ano#ly

of &o!i"' regi*es. :ceill is ri!ht about several thin!s. Startin! with her central #oint, there is absolutely no

reason why se0ual commerce cannot be viewe" an" treate" lie other in"s of wor . Bhat maes it"ifferent from other wor is the sti!ma attache" to it an" a set of stereoty#ical assum#tions about the #artici#ants an" the worin!

con"itions. $ut research shows that such assum#tions =e.!., abuse, e0#loitation, violence> are by nomeans inherent in #rostitution. he first ste# in normali4in! #rostitution, as ( write in my boo Lega!iingProstitution3 is t(at 7 "onsensua! adu!t &rostitution /e o$$i"ia!!' re"ognied as %or# and t(at &arti"i&ants /e a""orded t(e rig(ts and &rote"tions avai!a/!e to t(oseinvo!ved in ot(er o""u&ations.I658 :ceill is also ri!ht to mention conflict over #rostitution #olicy. Such conflictshoul" not be sur#risin! it is a sta#le of other controversial issues, such as same1se0 marria!e, mari<uana le!ali4ation, an" "octor1assiste" suici"e. G##onents are often well or!ani4e", me"ia savvy, an" influential with #oliticians. (n the #rostitution arena, themost im#ortant HantiI forces =5> e?uate #rostitution with se0 trafficin!, =%> "eman" blanet criminali4ation where it currently"oesnt e0ist, or =+> cham#ion the Swe"ish system where the clients of se0 worers, but not the worers themselves, arecriminali4e". hese forces have met with success, in many nations, in re"efinin! #rostitution in i"eolo!ical terms, creatin! newoffenses an" stiffer #unishments, an" "efeatin! #ro#osals for le!ali4ation. :ceill is ri!ht to critici4e these mis!ui"e" an"counter#ro"uctive #olicies an" the fallacious claims on which they have been base".6%8 Draconian #unishments for consentin!a"ults who e0chan!e se0 for money com#el them to o#erate un"er!roun", e0#osin! both #arties to ris of victimi4ation an"

e0#loitation. ( shoul" also #oint out that all of these anti1#rostitution cam#ai!ns are blatantly !en"er1 biase" they i!nore male an" trans!en"er worers an" are obsesse" with controllin! womens bo"ies O women who are "enie" in"ivi"ual a!ency an" res#ect for their "ecisions an" "e#icte" as #assive victims. Such anti1feminist #aternalism is #art of the answer to Feor!e Carlins famous ?uestion HSe0 is le!al. Sellin! is le!al. Bhy is sellin! se0ille!alRI ( "ont now whether :ceill has con"ucte" her own research. )elyin! on others writin!s, she "oes reca#itulate several

mistaes that "eserve correction here. 9irst, the criminali4ation mo"el is not confine" to a han"ful ofcountries, as she claims. (t is essentially O "e facto if not "e <ure O the rei!nin! system in severalnations, where the act of #rostitution may be Hle!alI but everythin! surroun"in! it , inclu"in!

solicitation or communication re!ar"in! #rice an" service, is criminali4e". Secon", I #no% o$ no so"iet' t(at(as ado&ted a &o!i"' o$ &ure 7de"ri*inali4ation,I entirely lacin! in !overnment re!ulation. (tis a myth that ew ^ealan" an" ew South Bales, Australia , have "ecriminali4e" #rostitution withno re!ulatory a##aratus. ew ^ealan" "ecriminali4e" #rostitution in %&&+ but cou#le" this with

nuisance1abatement laws for street #rostitution an" re!ular ins#ections of se0 businesses by the#olice, health "e#artment, an" social services. T(is is *ini*a!ist !ega!iation3 not unregu!atedde"ri*inali4ation. ew South Bales "ele!ates re!ulatory "ecisions to local city councils, an" they

vary tremen"ously in both their !eneral orientation to commercial se0 =#ra!matic vs. moralistic> an" in thein"s of restrictions =!eo!ra#hic an" otherwise> they #lace on both businesses an" in"e#en"ent o#erators, some of

which are ?uite onerous. SB is not an e0am#le of #ure "ecriminali4ation as :ceill ima!ines. :ceill uses theterms HheavyI an" HlooseI le!ali4ation; she !ives a few e0am#les of each but fails to "efine these terms. hus, we haveno way of evaluatin! any #articular system, since she offers no criteria for "istin!uishin! the !oo" from the ba". $ut #erha#s

:ceill woul" consi"er this a fools erran" anyway, since she seems to a"vocate ra"ical, unfettere"



"ecriminali4ation. She writes Heven in looser le!ali4ation re!imes, laws create #erverse incentivesan" #rovi"e wea#ons the #olice inevitably use to harass se0 worers.I T(ese out"o*es areneit(er 7inevita/!e8 nor 7&erverse,I as evi"ence from several le!al re!imes shows. eva"as e0tremelycom#rehensive re!ulatory system e0#lains why le!al brothels have #ersiste" in the state for four "eca"es without controversy.

Several other <uris"ictions have le!ali4e" at least one ty#e of #rostitution without H#erverseIconse?uences. A !overnment evaluation of le!al brothels in `ueenslan", Australia, conclu"e" that, HLe!al brothels now

o#eratin! in ̀ ueenslan" #rovi"e a sustainable mo"el for a healthy, crime1free, an" safe le!al license" brothel in"ustryI an" are aHstate of the art mo"el for the se0 in"ustry in Australia.I6+8 he re#ort foun" that both le!al brothels an" sole o#erators =in1call orout1call> ha" little a"verse im#act on the local community. An" one survey foun" that '& of a sam#le of %& le!al brothel worersan" in"e#en"ent escorts sai" they woul" H"efinitely chooseI such wor if they ha" it to "o over a!ain, an" half of each !rou# felt that

their wor was a Hma<or source of satisfactionI in their lives.68 aen to its e0treme, tota! de"ri*inali4ation sansre!ulation woul" allow street #rostitution in any nei!hborhoo"; woul" leave brothels , escorta!encies, an" massa!e #arlors unmonitore" an" their owners unscreene" for criminal ties; an" woul"allow e0#licit a"vertisin! of se0ual services virtually everywhere =internet, news#a#ers, billboar"s, television>. Bhatever one thinsof any of the s#ecific re!ulations now bein! institute" in the newly le!al mari<uana re!imes in Colora"o an" Bashin!ton, there is!oo" reason why the framers of these ballot initiatives eschewe" unrestricte" "ecriminali4ation. he failure of Gre!ons more ra"ical ballot measure in %&5% shows the "an!er of #ro#osin! somethin! that is not #ra!matic, an" the same #oint a##lies to efforts to

liberali4e #olicies on se0ual commerce. he #ublic is much more liely to en"orse #ro#osals containin!reasonable restrictions than a free1for1all a##roach. Gortunate!' 3 a set o$ 7/est &ra"ti"es8(as /een &ro&osed. (n Le!ali4in! Prostitution, ( list about +& #ractices that can be use" to evaluate e0istin! le!al re!imesan" serve as !ui"ance for states consi"erin! le!ali4ation in the future. S#ace limitations #revent a full "iscussion of these norms

here, but ( will offer a few that relate "irectly to :ceills essay. ( a!ree with her that the ru!es s(ou!d not /e

HheavyI if by that she means onerous3 stig*atiing3 ar/itrar'3 or "ost!' to "o*&!' %it(. here

shoul" be no Hsin ta0I im#ose" on se0 o#erators that "oes not a##ly to other business o#erations. he overall ob<ectivesshoul" be health, safety, worers ri!hts , an" minimum im#act on the #ublic ( assume :ceill woul" a!ree with me

that minors shoul" be #rohibite" from sellin! se0. his rule is universal amon! nations that have le!ali4e"

#rostitution. ( a!ree with :ceill that se; %or#ers s(ou!d not /e $or"ed to register or /e!i"ensed /' t(e aut(orities . Such attem#ts have faile" everywhere they have been attem#te",e0ce#t in eva"as e0ce#tional rural brothels. As the ational Gr!ani4ation for Bomen "eclare" in its lan"mar 52'+"ecriminali4ation resolution, man"atory re!istration Hwill result in on!oin! #ersecution of women who re!ister because they "o not

wish to #ublicly #roclaim themselves #rostitutes.I68 3rotic businesses are "ifferent heir owners shoul" besub<ecte" to ri!orous bac!roun" checs. G#erators who #ass the screenin! shoul" be license",

an" these licenses shoul" be sub<ect to a #erio"ic renewal #rocess to maintain oversi!ht of these businesses. T(e "ost o$ t(e!i"ense s(ou!d /e !o% , as an incentive to o#erate within the le!al sector rather thanun"er!roun". Police are not necessarily malevolent, as :ceill assumes. hey can #lay a constructive role in #rotectin! se0 worers safety an" ri!hts.6*8 (n the etherlan"s, s#ecial teams of #olice officers routinely ins#ect se0 #remises an" ?uestion the

worers an" owners in a colle!ial manner. hese units are !overne" by a co"e of con"uct, re#rinte" in my boo. )estrictionson a"vertisin! are nee"e", <ust as they are for alcohol an" tobacco #ro"ucts. Fiven the sensitivity of #rostitution for many

#eo#le, it is best to ee# it as "iscreet as #ossible. he same !oes for the location of erotic businesses, whichshoul" be #rohibite" from locatin! near schools an" #lay!roun"s. :inimi4in! encroachment on the #ublic

re"uces the chances of baclash if se0 businesses an" a"vertisements are too visible. Safe1se0 #ractices an" routinehealth e0aminations shoul" be en"ouraged, re#eate"ly, by the !overnment, /ut not *andated

/e"ause o$ /ot( en$or"e*ent di$$i"u!ties and &riva"' "onsiderations. :any se0 worers alrea"y #ractice safe se0 an" !et re!ular health checs. (nstitutionali4e" "iscriminationa!ainst #rostitutes an" business o#erators shoul" be ille!al. An e0am#le is the refusal of bans in several

3uro#ean nations to len" money to owners of le!al brothels an" erotic clubs. $oth worers an" business owners shoul" have the

same ri!hts as the #artici#ants in other ty#es of commerce. 9inally,

we shoul" increase #enalties for anyone whoen!a!es in e0#loitation or abuse. oo often, law enforcement has turne" a blin" eye to instances of #arasitical #im#in!,

assault, robbery, an" ra#e of se0 worers. )obust #unishment for these crimes will sen" a =ho#efully "eterrent>messa!e to woul"1be #re"ators that they will be hel" accountable . A regu!ator' s'ste* /ui!ton t(ese =an" some a""itional> restri"tions is $ar su&erior to either "ri*ina!iation orunregu!ated de"ri*inali4ation it !uarantees worers ri!hts an" can enhance their health an"safety ; it im#oses vital oversi!ht over business owners; an" it will attract much more #ublicsu##ort than a #olicy of sim#le, unrestricte" "ecriminali4ation.



T(is s&e"i$i" set o$ regu!ations gives se; %or#ers su$$i"ient rig(ts %(i!eavoiding t(e As to &revious !ega!iation s"(e*esFail :. ead' 11, J.D.1Bashin!ton an" Lee University School of Law, Hhe Firl e0t Door ACom#arative A##roach to Prostitution Laws an" Se0 rafficin! Nictim ("entification Bithinthe Prostitution (n"ustry,I 5' BASE. Q L33 J.C.). Q SGC. JUS. 5 =%&55>htt#law%.wlu.e"u"e#tima!es<ournal%&of%&civil%&ri!hts%&an"%&social%&<usticeDea"y.#"f (t also establishes that se0 worers are re6uired to ado&t sa$e se; &ra"ti"es in t(e "ourseo$ t(eir e*&!o'*ent,%& an" that they are Dat %or#D while #rovi"in! commercial se0ualservices for the #ur#ose of the Eealth an" Safety in 3m#loyment Act 522%.%&* he P)A also contains a

section that s#ecifically #rohibits em#loyers from coercin! or forcin! a se0 worer to en!a!e in#rostitution , an" e0#lains that a n em#loyment contract cannot be use" to force a worer toen!a!e in a se0 act a!ainst his or her will.%&' he Act also sets out a s#ecific #lan of action for#reventin! minors from enterin! the se0 in"ustry .%&/ 9inally, the Act establishes a certification#roce"ure for brothels , street #rostitutes, an" Sin!le G#erator1Gwne" $rothels =-SGG$s->.%&2

he #roce"ure is "esi!ne" to mae "erti$i"ation eas' and ine;&ensive for brothel owners, while ensurin! that anyone with a serious criminal recor" woul" be "is?ualifie" as a #otentialem#loyer of #rostitutes.%5& he P)A e;"!udes individua! se; %or#ers and SOO<s %it(

$our or $e%er %or#ers $ro* (aving to a&&!' $or a "erti$i"atea concession meant tore?uire only those controllin! the labor of others to be sub<ect to some form of scrutiny. %55 heeasy certification #rocess was "esi!ne" to enable the ew ^ealan" !overnment to *onitort(ose engaged in t(e se; industr' while &reventing a se"ond3 i!!ega! se"tor $ro*deve!o&ing.%5% he failure of le!ali4e" brothels in Nictoria, Australia which le" to the"evelo#ment of a bustlin! ille!al se0 in"ustry was a s#ecific reason for main! the certification#rocess as sim#le, chea#, an" convenien t as #ossible.%5+ Gne of the most uni?ue as#ects of theP)A is that it o&en!' so!i"its t(e aid o$ t(e Ne% Kea!and Prostitutes Co!!e"tive =-^PC->%5

an" &rovides re*edies $or un$air !a/or &ra"ti"es.%5 he ^PC was forme" in 52/' in res#onse to -thethreat of an A(DSE(N e#i"emic an" the resultant nee" for the health an" e"ucation authorities to communicate with the se0in"ustry.-%5* (nterestin!ly, from its ince#tion, the ^PC was su##orte" an" fun"e" by the ew ̂ ealan" De#artment of PublicEealth because it #rovi"e" safe se0 #ro!rams to se0 worers.%5' he ^PCs membershi# alliance was also a ma<or im#etus for the

#assa!e of the P)A.%5/ he e*&!o'*ent &rovisions in the P)A !ive se0 worers dire"t re"ourse

against e*&!o'ers for violations of the Eealth an" Safety Act so lon! as they are consi"ere"-em#loyees - as o##ose" to -contractors.-%52 he ^PC, "es#ite not bein! an official union, is contracte" tothe :inistry of Eealth -to a"vocate for the ri!hts, health, an" well1bein! of se0 worersan" itsmembers #rovi"e -!eneral su##ort an" a"vice to se0 worers =inclu"in! hel# #re#arin! a Curriculum Nitae>, an"act as broers to other a!encies who can assist further with alternative career o#tions .-%%&

States "itation o$ I-!a% on (u*an rig(ts /e"o*es t(e !a% genera!!'=it %ou!d /e "onstitutiona!!' /inding nationa! !a% Soma $ychov reen 11, Associate Professor of Law, he John :arshall Law School,CU))3CM G9 LGN3 CUSG:A)M (3)A(GAL LAB AD E3 $AL3 9G) SA:31S3T :A))(AF3 ( E3 U(3D SA3S,htt#www.centerforhumanri!hts.or!PD9scurrency%&of%&love.#"f

(f customary international law is, in fact, fe"eral common law about which, as note", there has been some"ebatethen it woul" or"inarily trum# state law un"er the Su#remacy Clause./% he courts haverelie" on international treaties to assist in the inter#retation of fe"eral law Heven when such treaties "o notcreate a n in"e#en"ent cause of action.I/+ Some have ar!ue" that all international human ri!htsinstruments form a #art of customary international law ./ Eowever, the courts have been reluctant to usecustomary international law,/ an" some scholars have warne" a!ainst too much o#timism in this area./* Eowever, as

"iscusse" above, the Su#reme Court an" other courts have alrea"y use" international law #rinci#les to hel#them "eci"e certain issues, an" certainly the area o$ (u*an rig(ts is an area %(ere" usto*ar' i nternationa! ! a% "an guide t(e "ourts on (o% to inter&ret ).S.

http://law2.wlu.edu/deptimages/journal%20of%20civil%20rights%20and%20social%20justice/Deady.pdf






"onstitutiona! nor*s, an" on what ri!hts must be #rotecte"./' Professor Strossen "escribes it the followin! way (n contrast to U.S. courts current reluctance to view themselves as boun" "irectly by international human ri!hts#rinci#les on substantive issues, they are much more willin! to invoe such #rinci#leswhether embo"ie" in treaties or in other

manifestations of customary international lawto !ui"e the inter#retation of "omestic le!al norms.// (n fact, Strossen"escribes a Hscholarly consensus su##ortin! this inter#retive use of international h uman r i!htsnorms in "omestic liti!ation .I/2 A nother concern about customary international law is that "ue

to its naturea lac of

co"ifie" an" searchable #rinci#lesit can be har" to "iscern.2&Professor Earol" Voh, now le!al a"visor to the State De#artment, an" ar!uably the lea"in!scholar on the combination of international an" national law ,25 refute" the i"ea that H6t8he!rowin! co"ification an" hence, accessibility of c ustomary international law rulesthrou!h statutes,

unratifie" treaties, an" scholarly treatises belie" the claim that such rules were ho#elessly beyon" a"omestic courts law1fin"in! ca#acities.I2% (nternational law can be use" as a source of law tohel# courts inter#ret constitutional norms,2+ which is #articularly im#ortant when the courtsan" eventually, the

Su#reme Court are char!e" with "eci"in! cases about same1se0 marria!e. An", im#ortantly, custom is not limite" tothe fe"eral courts; it *a' /e used /' state "ourts as %e!! .2 Gne article "escribes how fe"eral an"

state courts may a##ly customary international human ri!hts law Probably the most &ro*ising use o$i nternationa! ( u*an r ig(ts ! a% is for !ui"ance in inter#retin! fe"eral an" state "ivi!

!i/erties and "ivi! rig(ts !a%s. Courts may refer to international law in "eterminin! the

inten"e" content of fe"eral an" state laws in the same way that they refer to le!islativehistory . . . . Secon", un"er article N( of the Unite" States Constitution, human ri!hts #rovisions oftreaties ratifie" by the Unite" States (ave t(e sa*e status and e$$e"t as $edera! !a% . . . .hir", human ri!hts #rovisions that are internationa!!' a""e&ted as !ega!!' /inding are #artof the bo"y of c ustomary international law that courts may a##ly as #art of or in a manneranalo!ous to )nited States "o**on !a% .2

M State "ourts s&e"i$i"a!!' s(ou!d $o!!o% Canada+s &re"edent and ru!e on I-!a% to !ega!ie &rostitution)onal" ?eiter 12, Professor of Sociolo!y at Feor!e Bashin!ton University, Le!ali4in!Prostitution 9rom (llicit Nice to Lawful $usiness, eboo his roster of forces o#eratin! a!ainst liberali4ation of #rostitution #olicies shoul" not be taen to mean that le!al reform is

im#ossible in the Unite" States in the future. Liberali4ation is clearly beyon" the #ale in the vast ma<ority of <uris"ictions, but

it is #ossible that a #articular city or state, one nown for its tolerance, mi!ht embrace a morelenient a##roach in the future. )ecall that San 9rancisco came close to embracin! "e facto "ecriminali4ation in %&&/, when % #ercent of city resi"ents vote" for a measure that woul" have #revente" the #olice from main! #rostitution arrests, an" a

remarable "e <ure "ecriminali4ation bill was #resente" in the Eawaii le!islature in %&&'.%+ (t is also #ossible that astate "ourt *ig(t $o!!o% Canada+s !ead an" "eclare the states #rostitution lawunconstitutional =in Se#tember %&5&, a Cana"ian court rule" that the #rostitution laws Hare notin accor" with the &rin"i&!es o$ $unda*enta! usti"eI because criminali4ation contributesto the en"an!erment of #rostitutes>.% Althou!h the !eneral tren" in the U nite" S tates is in the"irection of !reater re#ression , the #ossibility of liberali4ation at the local level cannot be rule"out. he e0#eriences of nations where #rostitution is le!al an" re!ulate" coul" #rovi"e useful !ui"ance for any American <uris"iction that "eci"es to move in that "irection.

Prostitution 1ac Ndt Finals Real

Documents

Transcript of Prostitution 1ac Ndt Finals Real