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Protecting Participants in Genomic Research: Understanding the Web of Protections Afforded by Federal and State Law
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Preventing Trafficking Through New Global Governance over Labor Migration
Get PDFThis Article offers initial thoughts on the possible impacts the GCM might have on global efforts to prevent and address trafficking, focusing on the newly elevated role of the IOM in this endeavor. Based on arguments I have made elsewhere, my analysis takes as a given that a normative, rights-based approach to migrant work is necessary to prevent migrant worker exploitation and abuse from escalating into trafficking. From that perspective, the Article explores the possibility that, in advising States on GCM implementation, the IOM could take a more proactive role in advancing workers’ rights in furtherance of the longer-term goal of preventing trafficking. Part I assesses the GCM’s potential for advancing the rights of migrant workers. The GCM reflects the three competing interests that typically animate migration policy: (1) concerns over border security, (2) the desire to derive labor market benefits from economic migration, and (3) the imperative to protect migrants’ rights. Whether and to what extent migrant workers are sufficiently protected against exploitation will turn on how States balance these competing concerns. Empowered to guide States in their efforts to implement the GCM, the IOM will play a crucial role in helping to translate GCM norms into State practice. Part II analyzes the IOM’s operational history and structure for insights into how the IOM might balance the GCM’s competing concerns in its efforts to advise States on GCM implementation. The IOM’s checkered history and its unique status as a non-normative, U.N.-related organization show a tendency to prioritize States’ concerns over border security and labor market access above those regarding migrant welfare. In contrast, the IOM’s recent efforts to promote ethical recruitment standards suggest the possibility of IOM assuming a more proactive stance towards migrant workers’ rights protections going forward. Part III explores these efforts, situating them within broader development debates over whether and to what extent rights tradeoffs are necessary—or acceptable—to maximize the development gains from migration. In advising States on GCM implementation, how IOM responds to pressures to trade rights for labor market access will surely test IOM’s professed commitment to ethical recruitment frameworks. Its response could prove to be a bellwether of IOM’s broader approach to balancing migrant worker welfare interests against the GCM’s other competing interests in border security and labor market access. In this environment, close scrutiny and strong advocacy by rights advocates will be necessary to fully realize the GCM’s—and the IOM’s—potential to advance migrant workers’ rights and prevent trafficking
Medical-Legal Collaboration and Community Partnerships: Prioritizing Prevention of Human Trafficking in Federally Qualified Health Centers
Get PDFHuman trafficking (HT) is increasingly recognized as a public health issue, and its severe consequences affect some of society’s most vulnerable members. Prioritizing prevention is a critical component of a public health framework when addressing HT, and the health care delivery system plays a crucial role in operationalizing primary, secondary, and tertiary prevention interventions. As a significant part of the primary care system in the U.S., Federally Qualified Health Centers (FQHCs) are uniquely positioned to be the first point of contact with the health care system for people at risk for and affected by HT. FQHCs provide many preventive services, health education programs, and community outreach initiatives; therefore, FQHCs have a great reach into the populations at risk of and affected by HT. Furthermore, FQHCs recognize the importance of leveraging legal expertise and services to address their communities’ health-related social needs. There are many models for medical legal collaboration, including formal co-located medical–legal partnerships, as well as broader, community-based relationships. This Article will discuss types of medical–legal efforts and highlight individual patient and organizational case studies from Banteay Srei (a youth development program for Southeast Asian young women and girls at risk of commercial sexual exploitation, a program of Asian Health Services (AHS), an FQHC in Oakland, California). Finally, there will be a discussion about the intersection of HT with intimate partner violence (IPV), and how community partnerships and legal partnerships have played an important role in prevention efforts, with an organizational case study from Futures Without Violence, a national nonprofit providing training, technical assistance, and policy advocacy across the country for violence prevention
