The Effectivenesss of Victim Protection Measures in U.S. Human Trafficking Legislation

Abstract

Human trafficking is a form of modern-day slavery and a grave human rights violation. I argue that the dominant narratives around problem definition and victim construction in US policy impede effective implementation of victim protection measures, those measures that protect a victim’s human rights. Ineffective victim protection is most harmful to women who are more vulnerable to exploitation than men in the process of migration. The victim protection measures, particularly T-visas and reparation, are failing due to high barriers to access. US Government policy attempts to reduce demand for sexual services by requiring family planning, HIV/AIDS, and other organizations that receive funding to have an explicit policy against prostitution. Yet the US Government and international organizations cite working with high-risk populations is one of the most effective ways to decrease the spread of the disease. The anti-prostitution policy has a detrimental effect on the fight against HIV/AIDS because it distances high-risk populations from medical and public health practitioners. The US can look to the efforts of other countries, such as Sweden and Italy, for ways to strengthen its anti-trafficking efforts.