The Vietnamese Government continues to take steps to address trafficking in women and girls. However, rather than perceiving trafficking as a violation of human rights, greater attention is given by the government to its effects on society and social morals, particularly where victims have engaged in sex work in destination countries. Trafficked returnees are directly implicated in the State's approach to defining sex work as a 'social evil'. This approach reproduces the socio-economic inequality involved in trafficking and further marginalises trafficked women. Simultaneously, although Vietnamese women are often drawn into trafficking due to family obligations, they frequently face dishonour upon their return or are forced to hide the truth of their experience of being trafficked. This paper argues that the language of 'social evils' and the responses of the State and family undermine the ability of trafficked returnees to reintegrate. This is heightened where returnees are deemed to be transmitters of HIV infection, hence suffering human trafficking, sex-work and HIV/AIDS-related stigma. I also reflect upon whether the approach of service providers exacerbates stigma, particularly in the context of shelter rehabilitation and present several recommendations for reform, the most pressing being the need to eliminate the language of 'social evils'.
While the Palermo Protocol sought to offer the global community the first‐ever definition of trafficking and the parameters for who constitutes a victim, the result was an inaccurate, ill‐defined and cumbersome definition that fails to match the realities of the phenomenon. Since 2000, two other international instruments were drafted: the UNODC Model Law against Trafficking in Persons and the ILO Operational Indicators on Trafficking in Human Beings. This article navigates through various hypothetical scenarios to demonstrate the limitations of the Palermo Protocol in accommodating the autonomy exercised by victims of trafficking in the process of migrating into exploitative work and the more accurate picture of the victim offered by these newer instruments. By identifying the strengths in international law when it comes to trafficking and the problems that remain, this article offers potential solutions to how international law can better reflect trafficking and victimhood.
The 2013 collapse of the Rana Plaza in Bangladesh brought global visibility to the human rights abuses experienced by women workers in the garment sector. As the spotlight on this incident dims, the need to hold the fashion sector accountable remains. In this article, we suggest that greater accountability could be achieved through the application of a human rights-informed understanding of the Sustainable Development Goals (SDGs) to promote gender justice in the sector. By drawing on international women’s rights law and sustainable fashion, we demonstrate how sustainability and gender justice are intimately connected, and illustrate what role the SDGs can play in promoting sustainable outcomes that are gender-just. The article unpacks concepts such as sustainability, the circular economy, social responsibility, and ethical fashion, and places the experiences of women workers within this context. Its principal contribution is a set of six requirements to ensure a gender perspective to the fashion industry’s role in implementing the SDGs.
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