Browsing by Author "Turner, Lauren"

This thesis identifies feminist activism as a key influential factor on the language of international conventions addressing the issue of trafficking for sexual purposes, and consequently as a significant factor in the resulting inconsistent language and inconsistent legal obligations contained within the conventions. The thesis introduces the concept of “governance feminism” and discusses how three main feminist theories—abolitionism, pro-work feminism, and individualism—have influenced the three main trafficking conventions related to the issue of trafficking for sexual purposes. The three main convention discussed are: The 1949 Convention for the Suppression of the Traffic in Persons (1949 Convention), The 1979 Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). The analysis of these texts determines the legal obligations that each convention contains; identifies which particular school(s) of feminist theory influenced the text, and to what extent; and, illustrates the inconsistencies in language and obligations among the conventions. Based on the identification of the three main feminist schools and their influence on the text of the three conventions considered, the thesis then analyzes domestic laws on trafficking for sexual purposes and prostitution in three different jurisdictions: New York—looking also at United States federal trafficking law, Finland, and Sweden. This analysis illustrates how inconsistent language, and therefore inconsistent obligations, in the conventions allows for disparate approaches to trafficking domestically. The thesis also compares the comprehensive legal frameworks in these domestic jurisdictions and concludes that if governance feminists seek to advance the human rights of women, and eliminate sex trafficking through a legal framework, it would serve them well to acknowledge the relationship that anti-trafficking laws and prostitution laws have domestically and work to create clearer international guidelines in support of their goals.