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Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work

This article explores the notion of consent in the trafficking paradigm and the conflation of voluntary sex work and sex trafficking in Malaysia. The article argues that because consent of a trafficked victim is irrelevant in the context of international law, the authorities tend to conflate volunta...

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Main Author: Abdul Hamid, Haezreena Begum
Format: Article
Language:English
Published: UUM Press 2023
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/29376/1/UUMJLS%2014%2001%202023%20161-188.pdf
https://repo.uum.edu.my/id/eprint/29376/
https://doi.org/10.32890/uumjls2023.14.1.7
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spelling my.uum.repo.293762023-04-09T03:23:18Z https://repo.uum.edu.my/id/eprint/29376/ Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work Abdul Hamid, Haezreena Begum K Law (General) This article explores the notion of consent in the trafficking paradigm and the conflation of voluntary sex work and sex trafficking in Malaysia. The article argues that because consent of a trafficked victim is irrelevant in the context of international law, the authorities tend to conflate voluntary sex work with trafficked sex work. This obstructs a clear definition of trafficking and places women in precarious positions. The article also aims to evaluate the approaches in protecting victims through raids and rescue operations, shelter detention, and judicial processes in the respective states in the country. The article will demonstrate that while women are uniquely positioned to be a part of the fight against sex trafficking through their access to information, their consent to be part of the process in tackling sex trafficking has been ignored, negated, and disregarded throughout the anti-trafficking regime. Such practices are seen as violating women' s fundamental rights and fosters distrust between trafficked women and the authorities. It also demonstrates the failure of the government in addressing human trafficking issues. UUM Press 2023 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/29376/1/UUMJLS%2014%2001%202023%20161-188.pdf Abdul Hamid, Haezreena Begum (2023) Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work. UUM Journal of Legal Studies (UUMJLS), 14 (1). pp. 161-188. ISSN 2229-984X https://doi.org/10.32890/uumjls2023.14.1.7
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Abdul Hamid, Haezreena Begum
Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
description This article explores the notion of consent in the trafficking paradigm and the conflation of voluntary sex work and sex trafficking in Malaysia. The article argues that because consent of a trafficked victim is irrelevant in the context of international law, the authorities tend to conflate voluntary sex work with trafficked sex work. This obstructs a clear definition of trafficking and places women in precarious positions. The article also aims to evaluate the approaches in protecting victims through raids and rescue operations, shelter detention, and judicial processes in the respective states in the country. The article will demonstrate that while women are uniquely positioned to be a part of the fight against sex trafficking through their access to information, their consent to be part of the process in tackling sex trafficking has been ignored, negated, and disregarded throughout the anti-trafficking regime. Such practices are seen as violating women' s fundamental rights and fosters distrust between trafficked women and the authorities. It also demonstrates the failure of the government in addressing human trafficking issues.
format Article
author Abdul Hamid, Haezreena Begum
author_facet Abdul Hamid, Haezreena Begum
author_sort Abdul Hamid, Haezreena Begum
title Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
title_short Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
title_full Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
title_fullStr Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
title_full_unstemmed Consent in A Trafficking Paradigm: Exploring the Conflation Between Sex Trafficking and Voluntary Sex Work
title_sort consent in a trafficking paradigm: exploring the conflation between sex trafficking and voluntary sex work
publisher UUM Press
publishDate 2023
url https://repo.uum.edu.my/id/eprint/29376/1/UUMJLS%2014%2001%202023%20161-188.pdf
https://repo.uum.edu.my/id/eprint/29376/
https://doi.org/10.32890/uumjls2023.14.1.7
_version_ 1762840612050042880
score 13.211869

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