to the violation of women’s rights, it has been shown that
this violation is conducive to the risk of being trafficked.
Gender inequality in the area of employment or within the
migration process and patriarchal stereotypes and domestic
violence are root causes of trafficking in women.87 The then
Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment, Manfred Nowak
stressed that the purpose element is always fulfilled when
it comes to gender-specific violence since such violence is
inherently discriminatory. Therefore, one of the possible
purposes, discrimination, would be fulfilled.88
Following this argumentation, it can be shown that other
cases of trafficking in human beings can also be seen as
inherently discriminatory. Trafficking in Roma for instance
shows that structural forms of ethnic and gender discrimination, poverty and social exclusion lead to a higher vulnerability of being trafficked.89 Roma face discrimination in the
EU in several areas, such as discrimination by landlords, or
by health or school personnel. For instance, 38 per cent face
discrimination when looking for a job in the EU.90
To sum up, the purposes of trafficking in human beings
and of torture are linked. Exploitation within the context
of trafficking in human beings would not be possible without intimidation, punishment and coercion, which are all
purposes of torture. Moreover, violence against women
including trafficking in women can be seen as inherently
discriminatory and therefore fulfils another purpose of
torture, discrimination. Trafficking of members of specific
groups or minorities, such as Roma, can also be seen as
inherently discriminatory since ethnic discrimination is one
of the reasons which enables trafficking in human beings.
Hence, the act of trafficking as such is discriminatory and
systematic discrimination can lead to trafficking in human
beings.
In the context of trafficking in human beings, a wide range
of means are used in order to reach total control over the
trafficked person. Victims of trafficking in human beings are
usually under the factual control of the trafficker. Methods
of keeping victims of trafficking under control are inter alia
deprivation or limitation of freedom of movement or withholding of official documents such as passports. A permanent state of fear can create a situation of total control due
to the unpredictable behaviour of the perpetrator.91 For instance, trafficked Serbian men who are mostly exploited in
the construction sector, agriculture or in slaughter houses
in the Russian Federation, Saudi Arabia, the United Arab
Emirates or Azerbaijan described the means used, such as
withholding the passports and deprivation of movement, as
well as the frequent relocation to other places, threats and
physical violence.92
Another means of control is debt. Trafficked persons agree
to reimburse travel costs. Combined with high housing and
living expenses imposed by the exploiters, trafficked persons take a long time to reimburse or reimbursement may
even become impossible. 93
In cases of trafficking for the purpose of sexual exploitation,
victims are locked up and kept under constant surveillance.
A study on trafficked women who were exploited sexually
states that “abuse was perpetrated in such a way as to cause
enough harm to instil obedience and demonstrate who held
constant and ultimate power – but generally not so much
that the victim was no longer able to function”. Repetitive
abuse gives the perpetrator regular control and makes the
victim feel helpless.94
Elements of powerlessness and deprivation of personal liberty can also be found in situations of trafficking in human
beings. The classical context of powerlessness is detention,
but also outside detention, absolute control may occur.
However, having control over a person does not necessarily mean that this person is locked up. Especially in cases
of exploitation in domestic work, the houses may not be
locked; nevertheless it is impossible for a trafficked person
to leave. Victims of trafficking in human beings who are
exploited in households describe that they were subjected
to physical violence, could not leave the house alone, could
not make phone calls in private and had their correspondence controlled by the employer. Moreover, in one case
the trafficked person was told that she would have to go to
prison if stopped by the police due to her irregular status
Violation of Women’s Rights – A cause and
consequence of trafficking in women
Trafficking in Human Beings for Labour Exploitation
Report of the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment,
,
Justice,
3.4 Powerlessness and the Control over
Trafficked Persons
Breaking the
Silence: Trafficking in Romani Communities
Combating
Crime and
Stolen smiles – The physical and psychological
health consequences of women and adolescents trafficked in Europe
25
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