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Once women’s appearance in public space is accepted, the tensions concern how they appear. Self-representations of gender identity are performed in part through differences in hejab (required modest clothing) and bodily comportment, varying from women in chadors moving through the traditional local spaces of the bazaar to secular cosmopolitan women styling their own performance of transnational independence. But women asserting their presence in public face harassment and the threat of violence, especially when stepping into the street, using public transportation, and asserting their right to social and spatial mobility. Vigilantes (the serial killer Saeed Hanaei, the “Spider Killer”) and gangs (the “Black Vultures” and the “Wolves”) targeting women can defend their attacks as morally justifiable, while the government has initiated programs of “social security” that primarily have sought to control deviations from approved forms of hejab. Nonetheless, women insist on their right to the city and their freedom to be fully present as women in public, whether by negotiating their personal space in a taxi or challenging the arguments of their attackers face to face.
This article presents a critical postcolonial analysis of international human rights law’s engagement with human trafficking through the lens of seven UN treaty bodies. Drawing on content analysis of 1,197 documents (33 General Comments/Recommendations, 1,049 Concluding Observations, and 115 Individual Communications), the article reveals how international human rights law is implicated in the status subordination of subaltern people. The article identifies 54 documents containing evidence of colonial legacies, with 76% of relevant Concluding Observations addressing Global South states. It argues that treaty bodies reinscribe colonial patterns through problematic conflation of trafficking with slavery, promotion of repressive migration policies, inconsistent treatment of prostitution and sex tourism, perpetuation of ‘raid and rescue’ approaches, and essentialization of trafficking victims as ‘innocent’. It also exposes limited engagement with intersectionality in individual communications, potentially overlooking complex, multifaceted experiences of trafficking victims. The article concludes by proposing concrete strategies to decolonise anti-trafficking law and practice, including interrogating assumed neutrality in legal instruments, embracing a politics of recognition, integrating the concept of ‘burdened agency’, and meaningfully countenancing intersectionality in legal analyses. This analysis contributes to understanding how international human rights law can better serve its emancipatory potential while avoiding the perpetuation of status subordination.
The so-called Holiness Code of Leviticus highlights the importance of ethical living if Israel is to be holy as God is holy. This chapter discusses the historical-critical arguments around the composition of the Holiness Code but focuses mainly on bridge Leviticus creates between the holiness of Israel’s tent and God’s tent. Ethical purity is as important as ritual purity in Leviticus and requires holiness in every aspect of Israel’s life.
While the fort’s surrounding towns became off-limits one after the other, Commander Hardy designed two enclaves directly at the fort’s gate to channel the boredom and anger brewing on the base. At “the Hook,” prostitution was supervised and regulated by the army, and STD control ensured by the hospital’s military team both for soldiers and for prostitutes. And, thanks to investments by Chicago businessmen, the “Greentop” became the largest segregated drinking establishment managed and controlled by the military. Through these two experiments intended to stem “vice,” the army extended its authority into civilian territory.
Chapter 4 studies French, Dutch, and German periodicals which engaged closely with the question of women’s rights from a range of ideological perspectives. Under the influence of key texts like Uncle Tom’s Cabin and John Stuart Mill’s The Subjection of Women, memories of antislavery became a diverse resource from which women’s rights advocates reprinted and retold selectively, tracing and reinforcing particular trends in remembrance which were salient to different ideological outlooks on the Woman Question. The chapter seeks to capture the complexity of the transnational conversation and the memory work performed and identifies five commonplaces in the recall of antislavery. These clusters of intensified remembrance and debate appear across national contexts and the chapter explores how the memory work performed in these periodicals presented a usable past for the transnational movement for women’s rights. The chapter finally reflects on what parts of the history of antislavery these commonplaces left out, which is as important as tracing the narratives that were promoted.
Feminist thought leaders Onozawa Akane and Kitahara Minori discuss in dialogue the contemporary relevance of the Japanese military scheme of wartime sexual slavery. They identify the recruitment tactics of Japan's pornography and prostitution businesses today as similar to those used in the wartime trafficking of women, and suggest that low level comprehension of women's human rights means male demand for prostitution continues unhindered in Japan, as it has throughout modern history. The two authors suggest that the social context of women's prostitution, which occurs in conditions of gender equality, must be emphasized in order to combat victim-blaming ideas about women's ‘choice’ and voluntarism in being sexually exploited. They canvass policy alternatives against prostitution like the law currently in operation in South Korea and France that penalizes sex industry customers.
This insightful ethnography delves into the complex intersection of India's anti-prostitution law and global anti-trafficking campaigns, and how they impact sex workers in both voluntary and involuntary situations. Immoral Traffic examines the role of legal actors and NGOs in implementing these interventions, revealing the mix of paternalism, humanitarianism, punitive care, bureaucracy, and morality in their efforts. Through a sequence of interventions prescribed by India's anti-prostitution law, the book follows the experiences of sex workers, from rescues to courts to carceral shelters. It sheds light on the ways in which donor-driven NGOs draw upon this law to implement anti-trafficking agendas, and how these interventions are navigated by women removed from the sex trade. Detailed and eye-opening, this book is a valuable resource for scholars and students of anthropology, law and society, gender and sexuality studies, South Asian studies, global studies, and critical studies of NGOs and humanitarianism.
This chapter illustrates how the United Kingdom’s distinctive understanding of sovereignty combined with New Labour’s vision of the United Kingdom’s place in the global economy to shape the government’s approach to human trafficking. Targeting trafficking for sexual exploitation, the government cracked down on migrant sex workers and domestic prostitution. It also associated labour trafficking with illegal working and cast society as a victim of exploitation along with individuals who had been trafficked. The chapter describes New Labour’s selective acceptance of European Union and Council of Europe antitrafficking instruments; it adopted those instruments that reinforced the United Kingdom’s borders while avoiding those that gave rights to victims of trafficking. By equating its action plan for tackling human trafficking with the abolition of the slave trade, the government elevated its antitrafficking policies to a moral crusade.
This chapter examines how women within the boundaries of the family and marriage became central to interwar Japan’s international relations. Scholars have argued that Japan’s politics, economy, and society shifted from liberalism and internationalism in the 1910s–1920s to conservatism and isolationism in the 1930s. While women’s history has been studied along the same lines, this chapter explores the continued reinterpretations of emerging ideals about gender, emphasizing the continuity and discontinuity of Japan’s modernity spanning those two decades. At the heart of those ideals were informal marital relationships – socialist and companionate marriages – introduced from Soviet Russia and the United States, and global concerns in the League of Nations about human trafficking involving prostitution and daughter adoption. Japanese intellectuals, social leaders, and diplomats continued to engage with reformist ideals to address women’s inequalities in marriage and the family. However, their appeals to progress redefined Japanese women in the preexisting family system and considered them to be promiscuous, reinforcing gendered burdens and sexual differences within Japan’s national contexts.
The UN’s human trafficking protocol is the linchpin of the global antislavery governance network. It drew on a series of early twentieth-century international treaties directed at the problem of ‘white slavery’ – European women being procured to work as prostitutes. Designed to accommodate disagreements over the relationship between prostitution and human trafficking, the protocol’s definition of human trafficking produced legal instability. The chapter traces the expansion of human trafficking policy from a state-centred focus on using the criminal law to target international sex traffickers to include an ensemble of private and public actors who advocate supply chain transparency legislation and bans on the importation goods made with forced labour. Concentrating on UN-related organisations and the US government, it investigates this shift and its implications for how unfree labour is governed. The chapter demonstrates how the legal assemblage of jurisdiction kept highly gendered governance strategies from clashing.
The European Union adopted region-wide binding legal norms and a multifaceted legal approach to human trafficking. This chapter explains that the EU has competence (legal authority or jurisdiction) over human trafficking because trafficking is seen as a crime that moves across borders. By contrast, the EU needs another source of competence to tackle forced labour in supply chains. These different sources of competence over different drivers of unfree labour resulted in a proliferation of gendered governance strategies. Pushed by the Council of Europe’s Convention on Action against Trafficking in Human Beings, the EU incorporated the rights of trafficking victims. The chapter illustrates how victim’s rights were subsumed under the EU’s primary goal of hardening Member States’ borders against undesirable outsiders, exemplified by migrant sex workers. The EU also promoted a corporate sustainability due-diligence directive and a product ban targeting unfree labour in supply chains, thereby extending EU values beyond Member States’ borders.
The concluding chapter reflects on the everyday lives of sex workers, police officers and public health officials in China under Xi Jinping, and considers policy implications of the book’s findings.
This chapter is about how police officers in China enforce anti-prostitution laws. These regulations outlaw the exchange of sex for money or other material goods in all of its forms, and for all individuals who engage in it. Yet in practice, police enforcement primarily targets low-tier sex workers. Of the array of possible sanctions, these women are more likely incarcerated than fined, and they are placed in institutions with a rehabilitative mission that, in practice, is not met. In addition, law enforcement officials often engage in illegal and abusive practices when arresting sex workers. Clients are not completely immune from punishment, but they are less likely to be arrested than are the women they solicit. The major exception to that pattern involves high-profile men whose actions have crossed the Chinese Communist Party (CCP). Their cases are taken out of the hands of street-level police officers and into the world of elite politics, with prostitution charges used to help secure their downfall.
This chapter is about second wives and mistresses, who form the highest tier of sex work in China. These women live in a world of simultaneous precariousness and power. Their precariousness comes from their total dependence on one man. Unlike women in the lower tiers of the sex industry who solicit on the streets, in brothels, or in entertainment venues, for second wives, finding another client can be a complicated, drawn-out process. Their vulnerability also comes from the state of limbo inherent in a mistress arrangement. They know the relationship is temporary, and while they often yearn for marriage, as kept women they cannot take steps toward that goal. Their power, meanwhile, comes from the emotional dependence their clients sometimes have on them: smitten men will go to great lengths to keep their second wives happy and shower them with countless gifts to do so. It also comes from the knowledge that second wives sometimes gain of their client’s business activities, which provides these women with tools that can be used to help orchestrate his professional downfall when a relationship sours. This combination of vulnerability and strength presents a picture of second wives that belies their harsh reception in Chinese public opinion.
What does Chinese law have to say about people who are involved in sex work and the places where it occurs? Prostitution control is a universal problem for which states have adopted a variety of policies to address the public order, public health, and commercial challenges that it presents. This chapter describes that range of regulatory possibilities. It then explains the official choices that China has made, through discussions of the policing, health, and taxation rules and institutions that the People’s Republic of China (PRC) has adopted to regulate prostitution.
This chapter is about the influence of transnational actors on China’s sex worker health policies. While the policing of prostitution in China is a story of domestic law and politics, the public health approach to regulating sex work in China starts in the international global health community. It then makes its way into central government health institutions in Beijing, and trickles down into the lives of local state health workers and the sex workers in their community. These transnational roots matter: they have shaped both the content of sex work health policies and the public health officials who manage their administration. Indeed, the approach that China’s health policies and officials endorse for gauging the prevalence of HIV/AIDS and reducing its occurrence among sex workers, and the language these authorities use, reflect best practices in the global public health community. Yet the obstacles that Chinese health agents encounter result in practices that fall short of these ideals and harm sex workers. That often grim reality is the subject of the next chapter. What I highlight in this chapter is how the global public health community working in China to support the creation of HIV/AIDS policies seems disengaged from what actually happens on the ground.
This chapter is about how police officers engage with sex workers when they are not enforcing anti-prostitution laws against them. By focusing their enforcement efforts on low-tier sex workers, the police help create a space for the middle tier of China’s sex industry – entertainment venues and their hostesses—to thrive. I find that law enforcement officers engage actively and in myriad ways with the sex industry when they are not focused on arresting sex workers. Some of their actions are purely extractive interactions. Yet other police behavior, while still self-serving, also benefits sex workers. Making sense of police actions in this context requires shifting our framework from exclusively viewing police as powerful figures in relation to sex workers to also viewing them as street-level bureaucrats who are accountable to the local government and the vast police bureaucracy of which they are at the forefront. This approach provides a different perspective on police officers, underscoring their weakness within China’s bureaucratic system rather than their strength in relation to the sex workers. Their vulnerability vis-à-vis the state even affects how they engage with sex workers and underscores conditions under which the job security of frontline police officers in fact depends on a cooperative local sex industry.
This chapter introduces the regulation of prostitution in China as a case study of law in everyday life. It presents China’s three tiers of sex workers, the state’s interests in the sex industry, and patterns of prostitution policy implementation. It shows how the study of prostitution and its regulation in China expands our understanding of state–society relations, and of sex work and its regulation across space and time.
This chapter is about the perspectives and experiences that female sex workers in China share across tiers of prostitution. The daily lives of low-tier sex workers, hostesses, and second wives in China differ from each other in important ways. Yet despite relatively fixed boundaries between tiers of prostitution, these women do not exist in unrelated, independent silos. After all, their source of income comes from the same activity: exchanging sex for money or other material goods. The chapter first highlights how movement across tiers of sex work is limited, and how low-tier sex workers and hostesses express a preference for the work conditions in their own tier, rather than voice a desire to move up in the pecking order. It then examines narratives that these women have in common across all three tiers. Lastly, it discusses how sex workers who cross paths with grassroots organizations develop a shared consciousness of their membership in a global community of sex work civil society, and appropriate its language and symbols in their own lives.
This chapter is about low-tier prostitution. In China, selling sex in the lowest tier of prostitution is both difficult and dangerous. Women who do so solicit either on the streets or in small brothels located in apartments or in businesses that masquerade as hair salons or massage parlors. In all of these spaces, work conditions are grueling and take their toll on sex workers’ health. The threat of violence and even death at the hands of clients, madams, and pimps looms large. The beliefs and attitudes of women who sell sex on the streets and in brothels reflect these challenging experiences. Women in this tier are critical of prostitution and of themselves for engaging in it, and oppose proposals to legalize it. They also view the state with suspicion and do not feel comfortable seeking assistance from the police when doing so would reveal that they engage in prostitution. Within Chinese society, the lives of low-tier sex workers elicit both disgust and pity.