NDLI: Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

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Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

Content Provider	Springer Nature Link
Author	Marmo, Marinella Forgia, Rebecca
Copyright Year	2007
Abstract	Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents. They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory. As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding the fact the she was imported because there is a demand within the territory.
Starting Page	173
Ending Page	191
Page Count	19
File Format	PDF
ISSN	18710131
Journal	Asian Journal of Criminology
Volume Number	3
Issue Number	2
e-ISSN	1871014X
Language	English
Publisher	Springer Netherlands
Publisher Date	2007-12-28
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Trafficking in women Australian response Otherness and abjection International trade Demand and market Law Political Science Social Sciences Criminology & Criminal Justice
Content Type	Text
Resource Type	Article
Subject	Law

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