Human Trafficking November 2017 in This Issue Volume 65 Number 6
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Indigenous Peoples' Access to Decent Work and Social
INTER-AGENCY SUPPORT GROUP ON INDIGENOUS PEOPLES’ ISSUES THEMATIC PAPER towards the preparation of the 2014 World Conference on Indigenous Peoples INDIGENOUS PEOPLES’ ACCESS TO DECENT WORK AND SOCIAL PROTECTION JUNE 2014 Thematic Paper on Indigenous Peoples’ Access to Decent Work and Social Protection The United Nations Inter-Agency Support Group (IASG) on Indigenous Issues aims to strengthen cooperation and coordination among UN agencies, funds, entities and programmes on indigenous peoples’ issues and to support the UN Permanent Forum on Indigenous Issues. It also seeks to promote the effective participation of indigenous peoples in relevant international processes. At its annual meeting held in October 2013, the IASG decided to develop a set of collaborative thematic papers to serve as background information and analysis on key issues to contribute to the process and preparations for the World Conference on Indigenous Peoples. The preparation of each paper was led by one or more agencies with inputs from other IASG members. The papers do not present or represent formal, official UN policy positions. Rather, they reflect the collective efforts of the Inter-Agency Support Group to highlight selected key issues and to provide substantive materials to inform the Conference, with a view to contributing to the realization of the rights of indigenous peoples. *The chair of the IASG rotates annually amongst the participating agencies. The Support Group has been chaired by the United Nations Children’s Fund (UNICEF) until the end of the 13th session of the Permanent Forum on Indigenous Issues in May 2014. The Office of the High Commissioner for Human Rights (OHCHR) is currently holding the chair of the Group. -
How Inequality Defines Women's Work in Asia
OXFAM ISSUE BRIEFING JUNE 2016 Factory workers step out of their shuttle bus as their shift ends. Hlaing Thar Yar Industrial Zone, Yangon, November 2015. Photo: Kaung Htet/Oxfam UNDERPAID AND UNDERVALUED: HOW INEQUALITY DEFINES WOMEN’S WORK IN ASIA Rising economic inequality across Asia is threatening poverty reduction and slowing down the fight against gender inequality. Although the region has experienced economic growth, the bottom 70 percent have seen their income share fall while the share for the top 10 percent has increased rapidly. Low wages and a lack of rights at work, particularly for women, are at the heart of this scandal. At the same time, women are subsidizing the economy with a disproportionate responsibility for unpaid care work. Achieving living wages and recognizing, redistributing and reducing unpaid care work could support both economic and gender equality in Asia and should be prioritized by both governments and businesses. www.oxfam.org 1 INTRODUCTION For women across Asia, access to decent work and a living wage represents a fundamental pathway out of poverty, and one of the best ways to counter the dangerous tide of growing economic inequality. Yet in recent decades, working people, in rich and poor countries alike, have received a smaller and smaller slice of the economic pie, while those who own capital have seen their assets grow disproportionately. Low wages for the majority of people, and particularly for women, are at the heart of this scandal. At the same time, women continue to carry out the majority of unpaid care and domestic work, which is essential to keep economies functioning but is unrecognized and undermined in policy making. -
U.S. Citizens Kidnapped by the Islamic State John W
CRS Insights U.S. Citizens Kidnapped by the Islamic State John W. Rollins, Specialist in Terrorism and National Security ([email protected], 7-5529) Liana Rosen, Specialist in International Crime and Narcotics ([email protected], 7-6177) February 13, 2015 (IN10167) Overview On February 10, 2015, President Barack Obama acknowledged that U.S. citizen Kayla Mueller was killed while held in captivity by the terrorist group known as the Islamic State (IS). This was the fourth death of an American taken hostage by the Islamic State: Abdul-Rahman Kassig (previously Peter Kassig), James Foley, and Steven Sotloff were also killed. The death of Mueller and the graphic videos depicting the deaths of the other three Americans have generated debate about the U.S. government's role and capabilities for freeing hostages. In light of these deaths, some policymakers have called for a reevaluation of U.S. policy on international kidnapping responses. Questions include whether it is effective and properly coordinated and implemented, should be abandoned or modified to allow for exceptions and flexibility, or could benefit from enhancements to improve global adherence. Scope The killing of U.S. citizens by the Islamic State may be driven by a variety of underlying motives. Reports describe the group as inclined toward graphic and public forms of violence for purposes of intimidation and recruitment. It is unclear whether the Islamic State would have released its Americans hostages in exchange for ransom payments or other concessions. Foley's family, for example, disclosed that the Islamic State demanded a ransom of 100 million euros ($132 million). -
Integrating New Data to Assess Risks of Forced Labour in Agriculture India Country Methodology for Pilot
Integrating new data to assess risks of forced labour in agriculture India Country Methodology for Pilot Report produced for the ISEAL Alliance Innovations Fund project “Integrating new data to improve risk assessments and detection of forced labour vulnerability in agricultural supply chains” December 2018 Disclaimer This report should be taken only as a source of information and analysis. It is not given, and should not be taken, as legal advice and the provider Ergon Associates Ltd of the information will not be held liable for any direct or consequential Unit 1, 9A Dallington St. +44 20 7713 0386 loss arising from reliance on the information contained herein. London EC1V 0BQ ergonassociates.net Contents Executive Summary 3 1.1 Overview ............................................................................................................................................... 3 1.2 Key points on the India Country Indicator methodology .................................................................... 3 1.3 Turning root causes into indicators..................................................................................................... 3 1.4 How to use the indicator methodology ............................................................................................... 6 1.5 Key points on remediation options for India ...................................................................................... 7 2. Overview of project 9 2.1 Project background ............................................................................................................................. -
A Realist and Rhetoric-Based Approach to Researching the Law and Solving Legal Problems
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 1-1-1998 Playing Beyond the Rules: A Realist and Rhetoric-Based Approach to Researching the Law and Solving Legal Problems Thomas Michael McDonnell Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Legal Education Commons, and the Legal Writing and Research Commons Recommended Citation Thomas Michael McDonnell, Playing Beyond the Rules: A Realist and Rhetoric-Based Approach to Researching the Law and Solving Legal Problems, 67 UMKC L. Rev. 285 (1998), http://digitalcommons.pace.edu/lawfaculty/283/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. Playing Beyond the Rules: A Realist and Rhetoric-Based Approach to Researching the Law and Solving Legal Problems Thomas Michael McDonnell TABLE OF CONTENTS Introduction .................................................. 286 I. The Significance of Audience and of Unpublished and Often Unwritten Law ................................... 290 A. Why Researching the Main Characters in the Lawsuit Matters . 290 i... Researching the Relevant Audiences .................. 296 11. The Audience's Needs or Interests ................... 299 B. Why Discovering Unpublished Rules and Practices Matters .... 301 11. Methods of Researching the Audience and Unpublished Rules and Practices ............................. 303 III. Rhetoric, Problem Solving, and Application to LawTeaching ............................................ 306 A. Creatively Developing Arguments and Strategies ............ 306 B. A Linear Model for Researching the Complete Case .......... 3 1 1 C. -
Sexual Aggression and the Civil Response, Annual Review of Civil
ANNUAL REVIEW OF CIVIL LITIGATION 2018 THE HONOURABLE MR.JUSTICE TODD L. ARCHIBALD SUPERIOR COURT OF JUSTICE (ONTARIO) # 2018 Thomson Reuters Canada NOTICE AND DISCLAIMER: All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher (Thomson Reuters Canada, a division of Thomson Reuters Canada Limited). Thomson Reuters Canada and all persons involved in the preparation and sale of this publication disclaim any warranty as to accuracy or currency of the publication. This publication is provided on the understanding and basis that none of Thomson Reuters Canada, the author/s or other persons involved in the creation of this publication shall be responsible for the accuracy or currency of the contents, or for the results of any action taken on the basis of the information contained in this publication, or for any errors or omissions contained herein. No one involved in this publication is attempting herein to render legal, accounting or other professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The analysis contained herein should in no way be construed as being either official or unofficial policy of any governmental body. A cataloguing record for this publication is available from Library and Archives Canada. ISBN 978-0-7798-8457-5 Scan the QR code to the right with your smartphone to send your comments regarding our products and services. Free QR Code Readers are available from your mobile device app store. -
The International Labour Organization and the Quest for Social Justice, 1919–2009
The International Labour Organization and the quest for social justice, 1919–2009 The International Labour Organization and the quest for social justice, 1919–2009 Gerry Rodgers, Eddy Lee, Lee Swepston and Jasmien Van Daele INTERNATIONAL LABOUR OFFICE GENEVA Copyright © International Labour Organization 2009 First published in paperback in 2009 by the International Labour Office, CH-1211, Geneva 22, Switzerland First published in hardback in 2009 by Cornell University Press, 512 East State Street, Ithaca, NY 14850, United States (available for sale in North America only) Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copy- right Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. The International Labour Organization and the quest for social justice, 1919–2009 Gerry Rodgers, Eddy Lee, Lee Swepston and Jasmien Van Daele International Labour Office. – Geneva: ILO, 2009 ISBN 978-92-2-121955-2 (paperback) ILO / role of ILO / ILO standard setting / tripartism / workers rights / quality of working life / social security / promotion of employment / poverty alleviation / decent work / history / trend 01.03.7 Also available in hardback: The International Labour Organization and the quest for social justice, 1919–2009 (ISBN 978-0-8014-4849-2), Cornell University Press, Ithaca, NY, 2009. -
Vulnerabilities Relevant for Commercial Sexual Exploitation of Children
TRAUMA, VIOLENCE, & ABUSE 1-13 ª The Author(s) 2019 Vulnerabilities Relevant for Commercial Article reuse guidelines: sagepub.com/journals-permissions Sexual Exploitation of Children/Domestic DOI: 10.1177/1524838018821956 Minor Sex Trafficking: A Systematic Review journals.sagepub.com/home/tva of Risk Factors Hannabeth Franchino-Olsen1 Abstract The commercial sexual exploitation of children (CSEC) and domestic minor sex trafficking (DMST) occur across the United States, violating the rights and health of far too many children and youth. Adequate prevention efforts should seek to understand the factors that make minors vulnerable to sexual exploitation in order to properly design programs to prevent victimization. This review presents the identified risk factors collected via a systematic literature review. Following full-text review, 15 studies were selected for inclusion by meeting the following criteria: original quantitative or qualitative research studies published in English from January 2010 to September 2017 with titles or abstracts that indicated a focus on the risk factors, vulnerabilities, or statistics of CSEC/DMST and a domestic focus on CSEC/DMST (for U.S.-based journals) with findings that did not combine associations between minors and adults in the study. Relevant risk factors and vulnerabilities found in this review include child abuse and maltreatment, caregiver strain, running away or being thrown away, substance use, peer influence, witnessing family violence or criminality, poverty or material need, difficulty in school, conflict with parents, poor mental health or view of self, involvement in child protective services, involvement in juvenile detention or delinquency, early substance use, and prior rape or adolescent sexual victimization. Keywords domestic minor sex trafficking, commercial sexual exploitation of children, gender-based violence, risk factors, vulnerabilities, prevention Purpose of This Review exploitation (Gerassi, 2015). -
Homelessness, Survival Sex and Human Trafficking: As Experienced by the Youth of Covenant House New York
Homelessness, Survival Sex and Human Trafficking: As Experienced by the Youth of Covenant House New York May 2013 Jayne Bigelsen, Director Anti-Human Trafficking Initiatives, Covenant House New York*: Stefanie Vuotto, Fordham University: Tool Development and Validation Project Coordinators: Kimberly Addison, Sara Trongone and Kate Tully Research Assistants/Legal Advisors: Tiffany Anderson, Jacquelyn Bradford, Olivia Brown, Carolyn Collantes, Sharon Dhillon, Leslie Feigenbaum, Laura Ferro, Andrea Laidman, Matthew Jamison, Laura Matthews-Jolly, Gregory Meves, Lucas Morgan, Lauren Radebaugh, Kari Rotkin, Samantha Schulman, Claire Sheehan, Jenn Strashnick, Caroline Valvardi. With a special thanks to Skadden Arps, Slate, Meagher & Flom LLP and Affiliates for their financial support and to the Covenant House New York staff who made this report possible. And our heartfelt thanks go to the almost 200 Covenant House New York youth who shared their stories with us. *For questions on the use of the trafficking screening tool discussed in this report or anything else related to the substance of the study, please contact study author, Jayne Bigelsen at [email protected] Table of Contents: Executive Summary . 5 Introduction . 5 Key Findings . 6 Terminology . 7 Objectives/Method . 8 Results and Discussion . 10 Compelled Sex Trafficking . 10 Survival Sex . 11 Relationship between Sex Trafficking and Survival Sex . 12 Labor Trafficking . 13 Contributing Factors . 14 Average Age of Entry into Commercial Sexual Activity . 16 Transgender and Gay Youth . 16 Development and Use of the Trafficking Assessment Tool . 17 Implications for Policy and Practice . 19 Conclusion . 21 Appendix: Trafficking Screening Tool . 22 EXECUTIVE SUMMARY Introduction In recent years, the plight of human trafficking victims has received a great deal of attention among legislators, social service providers and the popular press. -
Pattern Criminal Federal Jury Instructions for the Seventh Circuit
Pattern Criminal Federal Jury Instructions for the Seventh Circuit The Committee on Federal Criminal Jury Instructions for the Seventh Circuit drafted these proposed pattern jury instructions. The Seventh Circuit Judicial Council, on November 30, 1998, approved these instructions in principle and authorized their publication for use in the Seventh Circuit. The Judicial Council wishes to express its gratitude to the judges and lawyers who have worked so long and hard to make a contribution to our system of criminal justice. TABLE OF CONTENTS INTRODUCTORY INSTRUCTIONS ............................................1 1.01 THE FUNCTIONS OF THE COURT AND THE JURY ........................2 1.02 THE EVIDENCE ..................................................3 1.03 TESTIMONY OF WITNESSES (DECIDING WHAT TO BELIEVE) ......4 1.04 WEIGHING THE EVIDENCE-INFERENCES .........................5 1.05 DEFINITION OF “DIRECT” AND “CIRCUMSTANTIAL” EVIDENCE ...6 1.06 WHAT IS NOT EVIDENCE .........................................7 1.07 ATTORNEY INTERVIEWING WITNESS ............................8 1.08 PARTY OTHER THAN AN INDIVIDUAL ............................9 1.09 NUMBER OF WITNESSES ........................................10 1.10 REMINDER OF VOIR DIRE OBLIGATIONS ........................11 2.01 THE CHARGE - THE INDICTMENT .....................................12 2.02 LESSER INCLUDED OFFENSE ....................................13 2.03 PRESUMPTION OF INNOCENCE - BURDEN OF PROOF .............15 2.04 DEFINITION OF REASONABLE DOUBT ...........................16 2.05 -
CRIMINAL NO. 03-852 (MLC) V. : : ATLANTIC ST
Case 3:03-cr-00852-MLC Document 721 Filed 08/02/07 Page 1 of 271 PageID: <pageID> UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA : : CRIMINAL NO. 03-852 (MLC) v . : : ATLANTIC STATES CAST IRON : MEMORANDUM OPINION PIPE CO., JOHN PRISQUE, : SCOTT FAUBERT, JEFFREY MAURY, : and CRAIG DAVIDSON, : : Defendants. : : Case 3:03-cr-00852-MLC Document 721 Filed 08/02/07 Page 2 of 271 PageID: <pageID> Outline of Opinion PRELIMINARY STATEMENT 1 DISCUSSION I. DEFENDANTS’ POINT I: “THE COURT COMMITTED REVERSIBLE ERROR BY FAILING TO INSTRUCT THE JURY REGARDING CRIMINAL NEGLIGENCE AND RECKLESSNESS.” 4 A. Legal standards for jury instructions B. The jury instructions identifying the elements of each charged felony offense 7 C. The jury instructions defining the mens rea requirements of each charged felony offense 13 D. The jury instructions identifying the elements and defining the lesser-included Clean Water Act negligence offense 21 E. The government’s objection to the last identified element of the Clean Water Act and Clean Air Act felony offenses 24 F. Defendants’ objection to refusal of their proposed instructions on recklessness 30 G. Legal analysis for the last identified element of the Clean Water Act and Clean Air Act felony offenses 38 H. Legal analysis for refusal of defendants’ proposed instructions on recklessness 75 II. DEFENDANTS’ POINT II: “PROSECUTORIAL MISCONDUCT.” 89 III. DEFENDANTS’ POINT III: “THE COURT COMMITTED ERRORS WHICH REQUIRE A NEW TRIAL.” 108 i Case 3:03-cr-00852-MLC Document 721 Filed 08/02/07 Page 3 of 271 PageID: <pageID> IV. DEFENDANTS’ POINT IV: “JUDGMENTS OF ACQUITTAL ON COUNT I MUST BE GRANTED BECAUSE OBSTRUCTION OF OSHA IS NOT A VALID OBJECTIVE OF THE CONSPIRACY.” 112 V. -
Treatment of American Prisoners of War in Southeast Asia 1961-1973 by John N. Powers
Treatment of American Prisoners of War In Southeast Asia 1961-1973 By John N. Powers The years 1961 to 1973 are commonly used when studying American POWs during the Vietnam War, even though history books generally refer to the years 1964 to 1973 in defining that war. Americans were captured as early as 1954 and as late as 1975. In these pages the years 1961 to 1973 will be used. Americans were held prisoner by the North Vietnamese in North Vietnam, the Viet Cong (and their political arm the National Liberation Front) in South Vietnam, and the Pathet Lao in Laos. This article will not discuss those Americans held in Cambodia and China. The Defense Prisoner of War/Missing Personnel Office (DPMO) lists 687 American Prisoners of War who were returned alive by the Vietnamese from 1961 through 1976. Of this number, 72 were returned prior to the release of the bulk of the POWs in Operation Homecoming in 1973. Twelve of these early releases came from North Vietnam. DPMO figures list thirty-six successful escapes, thirty-four of them in South Vietnam and two in Laos. There were more than those thirty-six escapes, including some from prison camps in Hanoi itself. Some escapes ended in recapture within hours, some individuals were not recaptured for days, and some were simply never seen again. There were individuals who escaped multiple times, in both North and South Vietnam. However, only thirty- six American prisoners of war escaped and reached American forces. Of those thirty- six successful attempts, twenty-eight of them escaped within their first month of captivity.