Discursive alignments of trafficking, rights and crime control

Pinto, Mattia ORCID: 0000-0001-7537-3942 (2023) Discursive alignments of trafficking, rights and crime control. International Journal of Law in Context, 19 (2). pp. 122-142. ISSN 1744-5523

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Abstract

Since the 1990s, human trafficking has become the battleground for competing discourses on human rights and penality. While rights solutions are generally presented as in opposition to crime-control measures, in the context of anti-trafficking interventions, rights-based initiatives and criminal governance are often linked together both discursively and in practice. Drawing on the findings of Discourse Analysis of 120 texts about trafficking, this paper explores how dominant discourses and alternative voices construct the relationship between human rights and penality. It is contended that penality is framed as a crucial tenet of human rights. Dominant discourses (the ‘law enforcement’ and the ‘victims first’ discourses) link human rights to state coercive action, seen as a necessary component of their effectiveness. Alternative voices (the ‘incompatibility’ and the ‘transformative justice’ discourses) reject the appropriateness of penal intervention, but they end up preserving what they denounce

Item Type:	Article
Additional Information:	© 2023 The Author
Divisions:	Law
Subjects:	H Social Sciences > HM Sociology K Law
Date Deposited:	10 May 2022 12:00
Last Modified:	12 Dec 2024 03:00
URI:	http://eprints.lse.ac.uk/id/eprint/115079

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