The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel (...) slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world. (shrink)

Modern slavery is a major topic of concern in international law and global governance, in civil society, and in academic debates. Yet, what does modern slavery mean, and can its highly different forms be covered in a single concept? This paper discusses these questions in three steps: First, it develops common definitions of modern slavery. Second, it discusses critical rejections of these definitions. The two camps that adhere to the definitions of modern slavery, and that reject them, respectively, face certain (...) limits. In a third step, the paper takes up with the limits and the strengths of both. It suggests that the limits of definitions of modern slavery can be overcome by critical approaches; and that the limits of critical approaches can be overcome by definitions of modern slavery. The key is their integration into a human rights frame. Ultimately, the paper proposes an approach to modern slavery that neither relies on a binary distinction between slavery and non-slavery, nor does it strive for the abolishment of the concept of modern slavery. Rather, the paper calls for a normatively and contextually embedded approach within the human rights frame. (shrink)

There has been an exponential rise in use of the term vulnerability across a number of political and policy arenas, including child protection, sexual offences, poverty, development, care for the elderly, patient autonomy, globalisation, war, public health and ecology. Yet despite its increasing deployment, the exact meaning and parameters of this concept remain somewhat elusive. In this article, we explore the interaction of two very different strategies—one in which vulnerability is relied upon by those seeking improved social justice as a (...) mechanism by which to identify, problematise and compel state responses to a universal condition of precarious dependency, and the other in which it is used as a category of neo-liberal governance which legitimates state encroachment whilst constructing ‘vulnerable’ individuals as ‘risk-managers’ who must behave ‘responsibly’ in the face of disadvantage. We suggest that the co-existence of these divergent approaches highlights the fluidity and malleability of the concept of vulnerability. Using sex work as a specific case study, we explore the ways in which vulnerability bears multiple meanings, and has been used in recent times in the furtherance of moralistic and regressive agendas, which collude with, rather than challenge, state power. Without seeking to reject the label or normative import of vulnerability, we call, therefore, for a more circumspect approach to its usage, and a more critical evaluation of recent claims which hail it as a mechanism, preferable to the conventional use of equality paradigms, by which to secure progressive feminist outcomes. (shrink)

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ‘third world’ female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. (...) Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets. (shrink)