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Keren-Paz on Obligtations to Victims of Sex Trafficking

By Lawrence Solum

Tsachi Keren-Paz (Keele University, School of Law) has posted Moral and Legal Obligations of the State to Victims of Sex Trafficking: Vulnerability and Beyond (VULNERABLE SUBJECTIVITIES: MOBILITY, NORMATIVE SPACES, AND THE FEMALE LEGAL SUBJECT, S. FitzGerald, ed., Routledge, Forthcoming) on SSRN. Here is the abstract:

This chapter examines the possible grounds on which the state of destination could be under an obligation to assist victims of trafficking, and the scope of such obligation. In particular, I will evaluate the relative importance of the concept of vulnerability in interrogating such a ground, in comparison to other grounds. After distinguishing between legal and moral obligations the chapter identifies, in the context of trafficking, four main grounds on which to recognise the state?s obligation to assist victims: (1) fault by the state in the way it dealt with victims; (2) fairness - the fact that the state's acts and omissions (even if not faulty) harmed victims and benefited the state and its residents; (3) the state's failure (even if not faulty) to protect the victim from a serious violation of her rights by a third party within its jurisdiction - such obligation could be linked with a social contract theory; and (4) welfare state rationale - the obligation to meet basic needs and assist the vulnerable. These grounds are distinguished from an obligation to make restitution to victims of any direct benefit received by the state at victims? expense.

Full post as published by Legal Theory Blog on July 14, 2010 (boomark / email).