Brexit: A step back in Britain’s fight against human trafficking?

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Department of Theology

Spring Term 2021

Master's Thesis in Human Rights

30 ECTS

Brexit:

A step back in Britain’s fight against

human trafficking?

A comparative content analysis of the Modern Slavery Act

2015 and the EU Directive 2011/36

Author: Malin Swartling

Supervisor: Maria Bergström

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Abstract

Human trafficking has become an international issue of significant importance; it is the largest and most profitable organised crime after drugs and arms trafficking. Particular concern has recently been raised due to the Brexit potential ramifications on Human trafficking. There is a risk that the EU directive 2011/36 will be repealed as a result of Brexit. Accordingly, it has been questioned whether the UK national efforts and legislation concerning human trafficking are comprehensive and sufficient enough without the strengthening support of the EU and especially the EU directive 2011/36. Thus, this thesis aimed to determine the impact Brexit will have on human trafficking in the UK by investigating if there will be "gaps" in the UK national legislation on human trafficking.

A comparative content analysis was conducted to analyse the UK national legislation on human trafficking, The Modern Slavery Act 2015 (MSA 2015). The Modern Slavery Act was compared with the EU directive 2011/36 to determine how the legislation differed. The method and analysis were conducted on both a latent and manifest level which means it both described the definitions and analysed how the definitions could be interpreted, hence how it affects reality. Based on what has commonly been argued the main reasons behind human trafficking in Europe, the content analysis focused on the definitions of human trafficking, prostitution and protection of migrant victims. Prostitution and migrations are frequently claimed to be the main reasons behind human trafficking in Europe.

Due to the risk of the EU directive 2011/36 being repealed, the result of the thesis exhibits the need for the UK to update their national legislation. The MSA 2015 needs to become coherent with international agreements and strengthen the protection of victims of human trafficking. Due to the gendered nature of human trafficking, this research addressed human trafficking from a feminist perspective by applying the "dominance theory" and the "sameness theory". The feminist theories helped analyse and investigate the issue of human trafficking and the potential ramifications of Brexit. Applying the ideas illustrated the patriarchal structures surrounding human trafficking and within the MSA 2015.

Keywords: Brexit, National Referral Mechanism, Modern Slavery Act 2015, Human

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List of

Abbreviations

ATMG The Anti-Trafficking Monitoring Group Brexit Britain’s exit from the European Union COE Council of Europe

CEDAW Convention on the elimination of all forms of discrimination against women ECHR European Court of Human Rights

ECAT The Council of Europe's Convention on Action Against Trafficking in Human beings

ILO International Labour Organization

LEAG: The Labour Exploitation Advisory Group MSA 2015 Modern Slavery Act 2015

MSHTU Modern Slavery Human Trafficking Unit NRM National Referral Mechanism

NCA National Crime Agency RG Reasonable ground SOA 2003 Sexual offences Act 2003

SWARM Sex Workers Advocacy and Resistance Movement THB Trafficking of a human beings

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1.Introduction

Human trafficking for a sexual purpose is a highly present, progressive and global issue that contradict the core foundation of human rights and a crime equated with the modern slave trade. The crime of human trafficking is considered the largest and most profitable organised crime after drugs and arms trafficking. It is difficult to estimate the scale of human trafficking, however Europol notes that the trafficking of a human being (also called THB) has been a growing phenomenon. Between 2017-2018 there were 26 268 registered victims of trafficking within the EU. Though, these are only the registered victims; research points to several hundred thousand people being trafficked to or within the EU every year (A; European Commission, 2020, 10).

According to research conducted in 2019, the United Kingdom (hereafter abbreviated as the UK) ranks number one globally for its effort in combating modern slavery. However, due to Brexit, it is now uncertain if that number will remain. By leaving the European Union (abbreviated as the EU), the UK also leaves EU agencies such as Europol and Eurojust, which means that they will no longer have access to European intelligence databases such as Europol Eurojust and the Schengen Information System (Ventrella, 2018). Additionally, one of the most comprehensive efforts to combat human trafficking is the EU directive 2011/36, however, with the Brexit there is a risk that the directive will be repealed. From January 2021 the UK are no longer bound to EU law, however it is not jet decided if the directive will remain part of the retained EU law (GOV.UK., legislation and UK law). The uncertainty has created a heated discussion of the potential risk with Brexit. Various newspapers have fed the narrative that Brexit will create a worse situation for victims of human trafficking and an increasing problem of human trafficking (Independent 2019 & The Times 2016). Thus, this research examines if and how Brexit will affect the UK legislation and efforts in combating human trafficking by analysing the national legislation Modern Slavery Act 2015 (hereafter abbreviated as the MSA 2015). The thesis uses a comparative content analysis, where the MSA 2015 is compared with the EU directive 2011/36, with the aim is to investigate if there will be any “gaps” in the UK national legislation without the support of the EU.

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The argument that strict border controls reduce the risk for human trafficking has previously been used to motivate stringent border controls. Nevertheless, Research by Mohammed and Trebesch suggests that strict borders increase human trafficking (Mohammed and Trebesch, 2010). Consequently, it is being argued that the new migrant system will create opportunities for traffickers to exploit vulnerable refugees and migrants, thus increasing human trafficking. Therefore, this research first examines the relationship between human trafficking and immigration in the literature review. Later, in the result and analysis, it further investigates and analyses how the MSA 2015 protects migrant victims of human trafficking.

In addition to migration flows and policies, human trafficking within Europe is also believed to be related to prostitution laws. A study by Cho et al. demonstrates that those countries in which prostitution is legal report larger human trafficking inflows (Cho et al., 2013). However, there is also research arguing the opposite, that criminalising buying sex leads to an increase of

human trafficking (Åkee et al., 2014). Consequently, this essay also focuses on the relationship

between human trafficking and prostitution. Furthermore, it investigates the Modern Slavery Act 2015 position towards prostitution.

Human trafficking, migration, and prostitution are three interlinked phenomena's that in combination demonstrate some of the worse consequences with a male-dominated world founded on patriarchal structures and norms. In Europe, the most common form of human trafficking is sexual exploitation; women account for approximately 99 % of the victims and 70 % of the victims of all form of human trafficking (ILO, 2017,39). Due to the gendered nature of human trafficking, a gendered specific focus and methods are needed to investigate and analyse Brexit's consequences. Thus, this research addresses human trafficking from a feminist perspective by applying feminist jurisprudence theories, such as the dominance theory and the "equal treatment/sameness" theory.

1.2 Problem description

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international organisations have warned about Brexit's consequences on Human trafficking in the UK (The Anti-Trafficking Monitoring Group, 2018). Consequently, the research aims to analyse what is likely to happen if the directive 2011/36 will be repealed, hence if the UK no longer needs to follow the EU directive. Is the MSA 2015 2015 strong and extensive enough, or does Brexit require the UK to update its current human trafficking legislation? In essence, the research investigates if there are breaches or "gaps" in the UK legislation without the EU directive 2011/36.

1.3 Purpose and research questions

This research seeks to explore the unintended and unwanted consequences of Brexit, such as the human trafficking situation and legislation. The purpose is to investigate if the existing legislation, The Modern Slavery Act 2015, is comprehensive enough without the strengthening protection of EU Directive 2011/36. Through a comparative content analysis, this thesis hopes to determine if and how Brexit could impact the UK's human trafficking legislation and situation. The research will compare the content of two different legislations on human trafficking, The modern slavery act 2015 and the EU Directive 2011/36. It is mainly being investigated if and how they differ regarding three main areas: definition of human trafficking, modern slavery and exploitation, how they define prostitution, and how they define the protection of victims of human trafficking, and especially migrant victims. The various areas are based on what is commonly argued to be the reasons behind human trafficking in Europe. Both prostitution and immigration laws have been claimed to be some of the primary determinates of human trafficking in Europe. This is grounded on research conducted by, for example, Cho et al. (2013). and Mohammed & Trebesch (2010). If Brexit impacts prostitution laws and migrations laws and flows, that could increase human trafficking in the UK. Thus, the study investigates the ramifications with the Brexit by asking these three research questions:

● RQ1: How do the two legislations, define human trafficking, Modern slavery and

Exploitation? Which legislation consists of the more extensive and comprehensive definition?

● RQ2: How do the two legislations, define prostitution and its correlation to Human

trafficking?

● RQ3: How does the legislation, define the protection of victims of human trafficking,

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1.4 Method & Material

During the thesis, the main focus is on examining the content of the legislation, the different interpretations and how they could impact the way it is being applied and considered in reality. The method used for this thesis is qualitative and comparative content analysis. The material being analysed and compared are the MSA 2015 and the EU directive 2011/36. The content and definitions of laws are essential since they will affect how human trafficking will be tackled in praxis. How human trafficking is defined in the national law or EU law affects how victims of human trafficking are being protected, how offenders will be punished and the efforts combating human trafficking. Thus, the UK needs to have a broad and inclusive definition of human trafficking, especially now when the EU directive no longer applies as national law for the EU. The reason behind my choice of method will be further explained and motivated in section 6 of the thesis.

Whereas human trafficking is closely related to other political subjects such as prostitution, the UK prostitution legislation, the Sexual Offence Act 2003 (SOA 2003) will also be analysed and compared; however, it only serves as secondary material. Another secondary material used in the thesis is different international agreements such as the Palermo Protocol and Convention for the elimination of discrimination against women (CEDAW). Additional reports regarding human trafficking will also be used to analyse and support the arguments, such as reports by the EU, ILO, GRETA, and the UK government. The choice of material will also be explained further in section 6 of the thesis.

1.5 Delimitations

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It is also important to clarify that this thesis have chosen only to focus on English law. The UK has four different legal systems, English law, Scottish law, Northern Ireland and Welsh laws. To delimit the research, the thesis only concerns English law on Human trafficking. Even though the MSA 2015 also extends to Wales, and some provisions apply in Scotland and Northern Ireland, this research mainly refers to England, even if the thesis uses the word UK. This is, among other reasons, the fact that the Welsh Assembly has its legislation on human trafficking, North Ireland and Scotland has their own separate legal and policing laws (ATMG, 2018, 3). To compare all the UK different legislation with the EU directive would require more in-depth research.

There are many potential risks with Brexit that could affect human trafficking. One of the most alarming aspects of the Brexit and its effect on human trafficking is the fact that the UK no longer will have access to European intelligence databases such as Europol, Eurojust, the Schengen Information System and Passenger Name Records data (Ventrella, 2018). The importance of accessing information will be briefly mentioned and discussed in this research. This research aims to compare the content of the two different legislation and their correlation to prostitution and migration. Thus, it was a conscious choice not to focus on the security aspect of Brexit, such as the various information systems.

The driving forces behind human trafficking are believed to be several. This research has mainly focused on migration and prostitution as the driving forces. This is based on the findings of various research investigating the reasons behind human trafficking within Europe. However, there are, of course, other vital reasons for human trafficking, such as poverty. Thus, the research is limited in its choice of mainly focusing and mentioning prostitution and migration as reasons behind human trafficking. However, the thesis focus on these subjects since they are relevant to the UK, Brexit and Europe.

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1.6 Disposition

The thesis is divided into ten sections. The first section presents the research by describing the purpose, research question, method and delimitations. The second section explains the definition and meaning of human trafficking, creating a profound understanding of the concept and distinguishing it from other concepts such as migrant smuggling. The third section presents the international, regional and national laws on human trafficking. Section four consist of a literature review, where the previous research on human trafficking and Brexit is discussed. Section 5 presents the theoretical framework of the thesis, feminist legal theory. Section 6 of the thesis concerns the methodology; here, the choice of method and material is being explained and motivated. Section 7 accounts for the result of the content analysis and compares the different legislations with each other. Section 8 analyses and discusses the results of the research. The result of the thesis is examined on both a manifest and latent level since it concerns the content of the legislation and how the definition affects reality. Section 9 consists of a critical evaluation of the research to discuss the benefits and disadvantages of the methodology and study in general. Lastly, section 10 consists of a conclusion to summarise the research and its findings.

2. Background

2.1 Human Trafficking definition

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Human trafficking is a complicated and multifaceted crime that can be defined in various ways and is, therefore, hard to describe. However, attempts have been made to create an internationally accepted definition which resulted in the Palermo protocols definition of human trafficking, which today serves as the primary international classification of human trafficking. The Palermo protocol description of human trafficking includes the various forms of human trafficking, such as sexual exploitation, forced labour and organ trafficking. The definition is composed of three distinct elements "The activity", "The Means", and "the Purpose". "The activity" refers to recruitment, transport, harbouring or receipt of persons. "The means" concerns the threat or use of force, deception, coercion or abuse of power, or a position of vulnerability. "The Purpose" refers to the exploitation of trafficked persons; for it to be considered human trafficking, the purpose behind the act is to exploit another person (EIGE, 2014, 2). For a crime to be considered human trafficking, all of these elements need to be proved, except regarding the trafficking of children. When children have been trafficked, the means do not matter; it should be treated as trafficking even if the means cannot be proved

(EIGE, 2014, 2).

Globally, the most common form of human trafficking is forced labour exploitation, where a person is trafficked for work, usually in construction or agriculture. The ILO official definition of forced labour is "all work or service which is exacted from any person under the threat of a

penalty and for which the person has not offered himself or herself voluntarily" (ILO, 2017,

28). Approximately 70 % of victims of human trafficking for labour exploitation reported acts of sexual violence (ILO, Global estimates of modern slavery: forced labour and forced marriage, 2017). It is therefore hard to distinguish between human trafficking for labour exploitation from sexual exploitation. Women who are mainly trafficked for labour reasons are still vulnerable to be victims of rape and other sexual assaults (Enrile, 2018, 16).

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women or girls. Since it is a structural form of gender-based violence against women, it requires gendered specific measures to combat human trafficking for sexual purposes (EIGE, 2018, 13).

The most unheard-of form of human trafficking is organ trafficking, which only recently became internationally recognized as a type of trafficking. Organ trafficking, as a part of human trafficking, is established under article 3 of the Palermo Protocol. In the EU directive, it is also established in the definition of human trafficking and further emphasized in part 11, where it is

stated that “The definition also covers trafficking in human beings for the purpose of the

removal of organs, which constitutes a serious violation of human dignity and physical integrity, as well as, for instance, other behaviour such as illegal adoption or forced marriage in so far as they fulfil the constitutive elements of trafficking in human beings”(EU Directive 2011/36). According to research, organ removal and organ trafficking have only been growing since the 2000s. In 2007 the World health organization estimated that between 5-10 % of all performed liver and kidney transplants was conducted with “illicitly obtained organs and/or commercial ‘donors” (European Parliament, 2015, 8).

ii. Modern-day slavery vs human trafficking

Another term that is being used regarding human trafficking is "modern-day slavery". The term is increasingly circulating in new policies, documents, and legislation regarding human trafficking. By calling it "modern-day" slavery, the intention is to separate the term from the historical aspects of slavery. It serves as a form of "umbrella term" since it encompasses human trafficking, slavery, servitude and forced labour. However, it is not as commonly defined as Human trafficking in international agreements and protocols. The main difference between human trafficking and modern slavery is that a person can be in modern-day slavery without being trafficked. Nonetheless, the majority of trafficked persons could be considered to be in modern slavery. The fact that the terms human trafficking and modern-day slavery has been used interchangeably has influenced the international community's definition and response to human trafficking. Human trafficking, modern-day slavery, forced labour are all usually described as interrelated global issues even though they might differ in their definitions. Still, it is most common to use modern-day slavery or human trafficking as umbrella terms that

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Some argued that modern- slavery is a more comprehensive term than human trafficking since it does not indicate that a person is being transported across borders, which the term human trafficking does (Enrile, 2018, 14). For example, the UK, ILO and the Walk Free Foundation uses the concept of Modern slavery. They use modern slavery as an umbrella term to cover "a

set of specific legal concepts including forced labour, debt bondage, forced marriage, other slavery and slavery-like practices, and human trafficking" (DROI, 2018, 13). However, some

criticise the term modern-day slavery; for example, Michael Dottridge, a human rights expert, argues the consequences with the term due to the absence of a legal definition, which he believes creates a "political bias and poor reception all over the world, because of its inevitable

connection with slavery in the past" (DROI, 2018, 13).

Due to the criticism of the term modern-day slavery, the term that will be used in this essay is human trafficking. It will be used as an umbrella term that includes slavery, servitude and forced labour, and trafficking. The thesis chooses to use this term since it is comprehensive enough to include the description of human trafficking that the MSA 2015 uses and the definitions that the EU directive possesses.

iii. Human trafficking vs migrant smuggling

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2.2 EU response to Human trafficking

The EU directive 2011/36 is emphasised as one of the EU most comprehensive efforts in combating human trafficking. The EU strategy for eradicating human trafficking considered it necessary with a "More ambitious implementation of the Anti-Trafficking Directive to focus on

prevention, including the criminalisation of those who knowingly use services provided by victims of trafficking" (C; European Commission, 2020). The implementation of the directive

is one of the four critical elements in eradicating human trafficking. The other focus areas within the EU strategy for eradicating human trafficking are:

1.Creating a victim-centred approach and considering the gender dimension of the crimes (C: European Commission, 2020).

2. Intensifying the usage of criminal justice tools and other information systems, such as the Visa Information System, Schengen Information System (SIS II), and Eurodac (C; European Commission, 2020).

3. Increasing the security cooperation between the EU and other countries could create a better security dialogue between nations and identify common security interests (C; European Commission, 2020).

The importance of combat human trafficking has recently also been mentioned in the EU Security Union Strategy between 2020-2025. The EU Security Union Strategy focuses on everything from combatting terrorism and organised crime such as human trafficking to promoting cybersecurity and innovation strategies. According to their estimation, organised crime has a high cost on both the victims and the economy; approximately 282 billion. Thus, the main focus is to combat organised crimes; therefore, one of the critical measures includes an agenda for tackling organised crime (D; European Commission, 2020)

2.3 UK response to Human trafficking

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political will, high levels of resources, and robust civil society that holds governments accountable (Minderoo Foundation, 2019, 12). Even though the UK responses to human trafficking and modern slavery has been ranked highly in the last couple of years, there is still plenty of work left for the UK regarding Human Trafficking. There is a growing number of reported victims of human trafficking each year. Between 2018 and 2019, the number of reported victims of human trafficking in the UK increased by approximately 51 %. Between 2018 and 2019, the number of potential victims referred through the UK National Referral Mechanism (hereafter abbreviated as the NRM) increased by 36 % (Modern Slavery Unit, 2019, 7).

In 2009 the UK introduced the NRM to meet the obligations under the Council of European Convention on Action against Trafficking in Human Beings. The NRM is the "framework" in the UK that identifies the victims of human trafficking and provides them with protection. It is the mechanism that is responsible for finding data on victims of human trafficking and modern-day slavery (Gravett, 2015 12). In 2013 the National Crime Agency (abbreviated as the NCA) became fully operational and replaced the Serious Organised Crime Agency in the UK. The NCA is the UK national law enforcement agency and the main agency against organised crime such as human trafficking, weapon and drug trafficking. The NCA is also the main point of contact for the EU agencies, such as Europol, and other international law enforcement agencies such as Interpol (Gravett, 2015,4-5). The NCA was before 2019 responsible for all the areas of the NRM, including referrals, decision-making, and data collection. However, in April 2019, the Home Office took over all the responsibility (NCA, Modern Slavery and Human trafficking, n.d).

The NRM is responsible for the protection of victims of human trafficking or modern-day slavery within the UK. A victim of human trafficking is guaranteed a period of a minimum of 45 days of protection and access to service such as health care, accommodation and

counselling (Home Office, 2018). This process will be further explained and discussed in part

7 of the research. However, national and international organisations have heavily criticised the

NRM due to its 45 days of protection. Reports by both GRETA, ATMG and TheWork and

Pensions Select Committee in the House of Commons argue that 45 days are not enough for victims to recover. For example, In the recommendation in 2017 from The Work and Pensions

select committee, it was stated that "all confirmed victims of modern slavery be given at least

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victims to receive advice and support and give them time to plan their next steps. This would not prevent those who wish to return home from doing so"(UK Parliament,2017).

3.Legal instruments

3.1 International law

i. Palermo Protocol

It has now been over 20 years since The United Nations Convention against Transnational Organized Crime (Hereafter abbreviated as the Palermo Protocol) was adopted by General Assembly resolution 55/25. Thenceforth, it has become the key international tool regarding regulations against transnational organised crime and the primary instrument to combat transnational organised crime. In Palermo (hence, the Palermo protocol), between the 12-15 December in 2000, the convention was opened for signature by the member states and the document entered into force on 29 September 2003. The convention has been further complemented with three protocols which all focus on specific areas regarding organised crime. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, is the protocol this essay will focus on since it is the most relevant when discussing human trafficking or modern slavery. The other two protocols are The Protocol against the Smuggling of Migrants by Land, Sea and Air, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. In order to become a party to the supplemented protocols, a state first has to become a party of the general convention (UNODC, 2018).

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create specific offences that criminalise trafficking since, in many countries, there is a lack of legal framework covering human trafficking offences (UNODC, 2009, 10).

ii. The convention on the elimination of all forms of Discrimination Against

Women (CEDAW)

The convention on the elimination of all forms of discrimination against women was adopted by the UN general assembly in 1979 and entered into force in 1981. The purpose of the convention was to work towards abolishing the widespread oppression of women. The convention is monitored by the Committee on the Elimination of Discrimination against Women (CEDAW). The committee consists of 23 experts from different countries, nominated and elected by the state parties. The mandate of the committee is established in articles 17 and 30 (CEDAW, 1979). Their main assignment is to monitor the member states implementation of the convention and write recommendations and reports to promote women rights. The convention mentions trafficking together with prostitution in article 6. Article six of the convention holds that "states parties shall take all appropriate measures, including legislation,

to suppress all forms of traffic in women and exploitation of the prostitution of women"

(CEDAW, 1979).

3.2 Regional law

i. Council of Europe

The Council of Europe's Convention on Action Against Trafficking in Human Beings

(abbreviated as ECAT) was signed in 2005 by 47 Council of the Europe Member States, several

non-European States, and the EU. The convention entered into force in 2008 and has been argued to be the most compressive international tool concerning human trafficking. According

to the Council of Europe, the Convention is a "comprehensive treaty mainly focused on the

protection of victims of trafficking and the safeguard of their rights" (COE, Details of Treaty No.197). Furthermore, the aim of the convention is also to prevent trafficking and prosecute the traffickers. The convention also consists of a monitoring group called GRETA, with the intention and mission to monitor and evaluate the states, who has ratified the conventions, implementation of the convention. GRETA consist of a group expert on actions against

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Trafficking in Human Beings). The UK ratified the Council of Europe Convention on Action against Trafficking in Human Beings in 2008, and it came into force in 2009 (Ecpat, n.d, Council of Europe convention on action against human trafficking).

The UK has also ratified The European Convention on Human Rights, which the Council of Europe formally drafted in Strasbourg 1949. The UK was the first state to ratify the convention, which they did in 1951. The Human Rights Act brings the ECHR into British Law, meaning that judicial decisions on human rights cases can be reached within the domestic legal system, building up a body of specifically domestic case law to refer to in the future (Amnesty, What is the European Convention on Human Rights? 2018).

ii. EU Directive 2011/36

An EU Directive is a legislative act consisting of goals that all EU members must achieve. The EU members have, the right to create their own laws and regulations to achieve the goals (EU,

Regulations, Directives and other acts, n.d). In contrast to the EU Regulation or Decisions, a

directive is not automatically a binding legislation. For countries to be bound by it, they have to incorporate it into national law. Thus, the EU member states decide themselves the method of the implementation. However, when a directive, such as the EU directive 2011/36, is incorporated as national law, EU law overrules national law when two laws conflict with each other (European Union, Regulations, Directives and other acts, n.d).

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or the removal of organs. Therefore, it can be argued that the new directive is more profound and substantial than both the Council of Europe and UN measures (European Parliament, 2016, 10-14).

The new trafficking directive has adopted the definition of human trafficking that was provided by the Palermo protocol. It is stated in the directive that "in combating trafficking in human

beings, full use should be made of existing instruments on the seizure and confiscation of the proceeds of crime, such as the United Nations Convention against Transnational Organized Crime and the Protocols thereto" (Palermo Protocol, 2000). Due to this statement and the fact

that the EU directive has not given another description to human trafficking, it can be interpreted that the directive has fully endorsed the Palermo definition. However, in contrast to the Palermo protocol, the EU directive definition of exploitation consists of forced begging as an element of forced labour (EU directive 2011/36).

3.3 The UK national Law: The Modern Slavery Act 2015

The UK legislation on human trafficking is the Modern Slavery Act from 2015. The Act was presented as a bill by the parliament in 2013 and became law in 2015. The Act extends to England and Wales. It originates from the previous legislation; however, it also adopted new measures and regulations. Before the MSA 2015, human trafficking and modern slavery were criminalised under the sexual offences act 2003, section 4 Asylum and immigration act 2004 and section 71 Coroners and Justice Act 2009 (CPS, Human Trafficking, Smuggling and Slavery 2020). Thus, the aim and purpose of the MSA 2015 were to create a comprehensive legislation to improve and strengthen the already existing laws relating to modern slavery and human trafficking (Home office, Modern Slavery Act 2015, 2018). With the MSA 2015, the most severe penalties increased; for example, it increased the maximum penalty to life sentence (Mantouvalou, 2018, 6). It was also the creation of the MSA 2015 that resulted in the institution of an Anti-Slaver commissioner. In part four of the MSA 2015, the creation of the antislavery commissioner was established The role of the commissioner is to work with the prevention, detection, investigation and prosecution of modern slavery and the identification of victims (Mantouvalou, 2015, 330).

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2015 was created to meet international obligations (UK Parliament, MP and Lords, 2020). Due to Brexit, the UK is no longer bound to EU law, making the MSA 2015 the primary legislation on human trafficking in the UK. However, the UK government argues that “The Government

is committed to eradicating human trafficking and the scourge of modern slavery”(UK

Parliament, 2020). Furthermore, the UK government contends that the MSA 2015 will be unaffected by the Brexit; hence the UK effort to combat human trafficking will not be affected(UK Parliament, MP and Lords, 2020).

In contrast to the EU directive and the Palermo protocol, the MSA 2015 separates modern slavery from human trafficking. According to the Act, modern slavery includes crimes such as slavery, servitude and forced labour, while human trafficking is characterised by the word travel. Human trafficking is defined as "A person commits an offence if the person arranges or

facilitates the travel of another person ("V") with a view to V being exploited." (MSA 2015).

In 2016 the government included a provision on transparency in supply chains to the MSA 2015. This provision was heavily debated, but in March 2016, the Transparency in Supply Chain Statement ("TISC Statement") took effect. The TISC statement requires that all commercial organisations operating in the UK with an "annual turnover of £36 million or more" (Home Office, 2019, needs to prepare a statement that describes and clarifies the steps the organisation has taken to ensure that there is no slavery in the business and supply chains. This has to be done every financial year (Home Office, 2019).

3.4 The legal relationship between EU and UK

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Protocol (No 21). This means that "all provisions related to co-operation in the fight against human trafficking and on the identification and protection of victims, apply to the UK" (Ventrella, 2018, 126). The directive was intended to transposition into national law to all the EU member states on 6 April 2013 (O'Neill, 2015,3).

4. Previous research on Human trafficking, Brexit & EU

As previously mentioned, Human trafficking was quite recently defined as an international crime and an act against human rights. Thus, even though the knowledge of and the effort to combat human trafficking is increasing, there is still a lack of research on the subject (Hernandez & Rudolph, 2015,199). There is no consensus within the academic world regarding the reasons behind human trafficking. The lack of harmony and general uncertainty on the subject could be caused by the politicised field related to human trafficking, such as, for example, prostitution and immigration. For instance, considering that there will always be some arguing for and some arguing against the legalisation of prostitution, there will never be a consensus whether strict prostitution laws increase or decrease human trafficking. This is the same for immigration laws and policies (Tyldum and Brunovskis, 2005, 18). Immigration and prostitution are two commonly argued reasons behind human trafficking in Europe. Research has shown that migrants are extra vulnerable to human trafficking since they are more approachable when someone offers to help them move to another country. The vulnerability of migrants makes them easily exploited by traffickers. Consequently, research concerning human trafficking in Europe often focuses on migration flows and laws (Hernandez & Rudolph, 2015). As previously mentioned, another commonly believed reason behind human trafficking within Europe seems to be countries attitudes towards prostitution and prostitution laws. Research by Cho et al. demonstrates that countries where prostitution is legal report larger human trafficking inflows (Cho et al., 2013). The first part of the literature review discussing two commonly argued reasons behind human trafficking in Europe draws upon research conducted in a previous assignment within the course “Reviewing a Research Field” at Uppsala University. After the part concerning immigrant and prostitution, the literature review discusses research arguing the Brexit impact on human trafficking.

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i. The relationship between immigration and human trafficking

Since discovering the crime of human trafficking and creating the terminology, it has been closely related to migration flows and politics. This is visible within most policies, agreement and legislation at both the national and international level. Within politics, media and academic research, the dominating narrative has been that human trafficking results from migrations flow and open borders (Hodkinson et al., 2020, 70). The UK strict migration policies have been criticised for undermining the UK effort in combating human trafficking. Regarding Brexit, this argument is further emphasised due to the new points-based immigration system, making it even harder for migrants to enter the UK legally. The new system is the latest step in the government's wish to regain control of the country's border and "reduce overall migration

levels" (Home Office, Policy paper, 2020).

The new bill was introduced to the parliament in 2020 and is called the Immigration and Social

Security Coordination (EU Withdrawal) Bill. The goal is to attract "high-skilled" workers to

increase the UK economy and public services. Hence the points-based system intends to prioritise the skills of people wanting to immigrate to the UK. For now, the bill works as a framework for the new system. However, the new immigration system will be established in law via secondary legislation (The UK in a changing Europe, What is the Immigration Bill? 2020). With Brexit, the UK migration politics and border controls will become stricter, and there is research suggesting that strict borders increase human trafficking (Ruiz-Benitez de Lugo, 2020).

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They ultimately argued that closed borders increase the risk of human trafficking since the "growing, but unsatisfied demand for legal migration options has created a breeding ground

for smuggling networks and other criminal organisations, which have learned to make a profit from people's desire to work abroad" (Mahmoud and Trebesch, 2010,1).

Congruous with the arguments and findings of Mahmoud and Trebesch, empirical research conducted by Hernandez & Rudolph from 2015 suggests that migrants are more exposed to Human trafficking. According to the study by Hernandez & Rudolph from 2015, human

trafficking occurs within "well-established migrant and refugee corridors" (Hernandez &

Rudolph, 2015, 1). Similar to Mahmoud and Trebesch findings, their research demonstrates that migrants are more exposed to trafficking. This is caused by the fact that traffickers and criminal organisations take the same route as illegal immigrants to cross borders. Traffickers use the already established migratory and refugee routes given that it provides them with an opportunity to find potential victims. The circumstance and vulnerable position of migrants makes them easy to entice with the promise of money and a better standard of living (Hernandez & Rudolph, 2015, 134). They have conducted an empirical analysis where they analyse victim flows, analyses data from 120 source countries and 13 European destination countries in a gravity-type model. The Gravity-type model then finds the characteristics of the countries where human trafficking victims are exploited (Hernandez & Rudolph, 2015).

Both the research by Mahmoud & Trebesch and Hernandez & Rudolph demonstrates that immigrants are in a vulnerable position for human trafficking; thus, there is a correlation between human trafficking and migration. Mahmoud & Trebesch further argues that closed borders and strict migration controls increases human trafficking (Mahmoud and Trebesch, 2010,1). Research demonstrating the vulnerable position of migrants and the correlation between human trafficking and migration serves as a foundation for the argument that Brexit will have a negative impact on human trafficking (Hernandez & Rudolph, & Mahmoud & Trebesch).

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that the UK have enforced with the exit from the EU. If they return to their home countries, there is a risk of being trafficked by the same traffickers again, and if they try to migrate to another country, there is also a risk of being trafficked on the way. According to their research, approximately 21 % of trafficked women have been re-trafficked. This is coherent with their own statistics since 22 of the 107 women that the Poppy Project helped in 2007, stated that they had experienced trafficking on more than one occasion (Jobe, 2010, 15).

However, there is also a line of research arguing that human trafficking decreases due to solid border controls and migrations laws, which serves as a foundation for believing that Brexit will positively impact the efforts to combat human trafficking. This perspective can be commonly visible in older legislation and protocols, it is, for example, stated in, for example, the Palermo Protocol, Article 11 border measures, that "1. Without prejudice to international commitments

in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons" (Palermo

Protocol, 2000).

This is based on the belief that that strict immigration laws will reduce human trafficking. It is, for example, commonly believed that the open borders within the EU have increasing transnational criminal activity, such as human trafficking. A report from 2015 the Centre for Social Justice stated that "Free movement has made it even tougher to spot victims of modern

slavery from the EU as they arrive in destination countries legally. This means [European Economic Area] citizens do not come to the attention of either police or immigration and borders agencies" (The Conversation, 2017).

ii. The relationship between prostitution and human trafficking

It is estimated that roughly ninety-five % of the trafficked victims for sexual purposes are women and girls, and most have been sexually exploited through prostitution (UNODC, 2006). Therefore, creating profound research on human trafficking demands considering the effect and impact prostitution and prostitution laws have. Even most of the international agreements and laws regarding human trafficking mentions prostitution. For example, as previously mentioned, article 6 in CEDAW requires states to "suppress all forms of trafficking in women and prevent

exploitative prostitution" (CEDAW, 1979). However, there is a lack of consensus regarding the

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theories and arguments originate from various philosophical disputes about if women can exercise agency in the sex industry. Can a woman own her sexual agency, or is the sex industry exploitative by nature? (Wylie & Mcredmond, 2010,13).

Considering that prostitution and human trafficking are closely related, it is frequently argued that the situation and circumstances surrounding prostitution enables and increases human trafficking; thus, to eradicate human trafficking, stricter prostitution laws are needed (Jakobson & Kotsadam, 2013). Jakobson and Kotsadam argue that more stringent prostitution laws are required to combat human trafficking, exemplifying the abolitionist perspective. Their research uses a mixed methodology since it both consist of an empirical investigation based on cross-country data and a case study of Norway and Sweden to determine whether prostitution laws and human trafficking are related (Jakobson and Kotsadam, 2013,13). The result of their research shows that countries that have criminalised buying sex consist of a lower amount of human trafficking of sexual exploitation. Accordingly, they argue that that harsher prostitution legislation may reduce the amount of trafficking to a country (Jakobson and Kotsadam, 2013, 15). Their research is grounded on the trafficking database constructed by the United Nations Office on Drugs and Crime and data from the ILO (Jakobson and Kotsadam, 2013, 4).

Jakobson and Kotsadam (2013) arguments are supported by research conducted in 2013 by Cho, Dreher and Neumayer (hereafter abbreviated as Cho et al.). Their research demonstrates the significance of prostitution legislation in reducing the risk of human trafficking. Cho et al. research contradict what has been the main belief within economic studies of prostitution and human trafficking that legalising prostitution decrease human trafficking due to the substitution effect. The substitution effect illustrates that by making prostitution legal, human trafficking will decrease since there is no longer a need to traffic women for sexual services. However, Cho et al. argue against this substitution effect; their research reveals that legalising prostitution creates rooms for more human trafficking activity (Cho et al, 2013, 75-76). They conducted an empirical analysis of the relationship between legislation on prostitution and human trafficking based on cross-section analysis for 150 countries. To further investigate by performing a case study, they analysed data from three countries with different prostitution regimes (Denmark, Germany and Sweden). Together their findings demonstrated that countries in which prostitution is legal reports larger human trafficking inflows (Cho et al., 2013, 75-76).

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prostitution laws and decreased human trafficking, but instead argue that harsher prostitution law can have the opposite effect on human trafficking. Research by Åkee et al. in 2014 finds that there is no correlation between the reported incidence of trafficking and the legalisation of prostitution. However, they believe that stricter prostitution laws in host countries can raise people's willingness to pay for trafficked victims, thereby contributing to increased transnational trafficking (Åkee et al., 2014, 29).

This is similar to what SWARM argues; SWARM is a UK founded organisation and a part of a global movement that advocates for the decriminalisation of sex work. It is an organisation that is founded and led by sex workers who advocates for the rights and safety of everyone who sells sexual services. According to the organisation, the narrative of trafficking being based on and correlated with prostitution is wrong and dangerous. They believe that it is decriminalisation that results in exploitation such as trafficking (SWARM report, 2019). In a shadow report by SWARM to the CEDAW, the organisation states that "The great majority of

sex workers in the UK are women, and the government is unable to ensure women sex workers are protected under the law due to the criminalisation of activities relating to prostitution. Stigma and discrimination against sex workers is widespread and is institutionalised through criminalisation" (SWARM report, 2019).

4.2 Brexit impact on Human Trafficking

Research by Ventrella (2018) investigates the consequences Brexit will have on human trafficking in the UK. She examines the EU legislation in the criminal area, UK legislation on human trafficking and the proposals presented by the UK government to find out what the future holds for the UK in regard to Human trafficking. Her research finds that it is uncertain what position the UK will have in the fight against human trafficking in the future. However, Brexit will undoubtedly impact the situation of human trafficking and the combating effort by the UK. The research argues that Brexit will impact crime and security in the UK whereas they no longer will have access to the different EU agencies such as Europol and Eurojust. Ventrella argues that "since they want to leave the CJEU's jurisdiction, there can be issues related to the

accountability of EU agencies such as Europol and Eurojust as they are subject to the control of European institutions' '(Ventrella, 2018, 136).

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slavery during the last decade. EUROPOL has also been of enormous importance for the UK since it has been the foundation for most of the investigations and prosecution of human trafficking rings operating in the UK and around the EU (Ventrella, 2018). To what extent Brexit will have on the UK combat towards human trafficking and the situation of human trafficking in the UK depends on what kind of deal the UK and, for example, Europol will achieve. Within the most recent deliberations, it seems to have been decided that the UK and Europol will continue to have operational cooperation. However, in the most recent draft resolution on the future relations between the UK and the EU, it was stated that the UK needs

to leave some of the databases and analysis projects at Europol (SchengenVisaInfo, EU

Parliament: UK Won't Have Access to Schengen Information System as of 2020, 2021). This could be especially difficult for the UK since it is one of the main users of the different services provided by the EU agencies, such as the Schengen information system (SIS II). Only countries within the EU, or a part of the Schengen area, can gain full access to SIS. Therefore, the UK will not be able to use the system, which will significantly impact considering it is the most

advanced and effective system (SchengenVisainfo, EU Set to End UK's Access to SIS- EU

Database of Criminal Suspects, 2020).

In addition to leaving the agencies, Ventrella further argues that Brexit could increase human trafficking due to its impact on migration laws and policies. Like Mahmoud and Trebesch (2010), she argues that the strict immigration controls and restrictions on EU citizens moving to the UK will make immigrants vulnerable and easy targets for human traffickers. According to her, "They may risk living in hiding in the UK. Criminal organisations may take advantage

of this situation by threatening to report them to the authorities. EU citizens may accept becoming victims of human trafficking to prevent criminal organisations to report them"

(Ventrella, 2018, 136).

4.3 Summary of section 4

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on that hypothesis. Similar to Ventrella, who also formed her analysis on the belief that there is a correlation between migration and human trafficking. Since she argues that the human trafficking situation in the UK will get worse due to the strict migration rules (Ventrella, 2018).

5. Feminist legal theory

Human trafficking is, first of all, a human rights issue. The overrepresentation of women being trafficked makes it a gendered issue and has therefore acquired a gendered approach. This is emphasised by the EU and in the EU directive 2011/36. The Directive "brings a holistic,

gender-specific and human rights approach to the fight against trafficking in human beings" (Eu directive 2011/36).

It can also be argued to be essential to apply a gendered lens, regardless of the statistics, due to the importance of unmasking patriarchal structures in all aspects of society. Feminist theory and methods are thoughts and approaches on how to approach social problems, such as migration and prostitution. The patriarchal structure and subordinated view of women are at the core of many social structures and phenomena, and human trafficking, migration and prostitution are not exceptions. Accordingly, it is necessary to consider the gendered aspects of societal issues such as human trafficking (Baer, 2011). Human trafficking is also closely related to prostitution, a politicised topic, regarding female autonomy and patriarchal structures within the society, which further emphasises the importance of applying a gendered lens and approach when analysing human trafficking (Cho et al., 2013).

By investigating the patriarchal system within the law, feminist legal theories aim is to repeal the oppression against women. However, throughout the years, the different models within feminist legal theory have developed. Even though they differ in many aspects, they do share some fundamental premises. For example, they believe that legal doctrines developed by men in patriarchal societies have a fundamental male bias. Theories developed by men do not consider women's reality and perspectives. The different models within feminist legal theory all have in common that the ideas are produced by women's experience and views (Baer, 2013,1-2).

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research and simultaneously provide a profound analysis, the choice is to focus on the two feminist perspectives that contradict and challenges each other. The theories will develop a deeper analysis of the research and help build suggestions for what equal and comprehensive legislation on human trafficking should entail.

5.1 Feminist jurisprudence debate

Within legal feminist theories, some Liberal feminists argue for the "sameness" between men and women. To emphasise the difference between men and women and thereby create "gendered" laws would diminish and weaken women's ability to access rights and protection. Liberal feminist arguing the sameness between the genders advocates what is commonly called the "equal treatment theory". They believe that it is the difference between men and women that have kept women from enjoying their legal status equal to men. Therefore, focusing on the differences between men and women is counterproductive given that they believe it is vital to illustrate how men and women are the same since that shows that women are entitled to the same rights, protections, and privileges (Burchard, Feminist jurisprudence, N.d). However, this perspective can be criticised for forcing women to conform to the likings and ways of men. Women then have to conform themselves into the man's world to gain equal rights. Thus, the theory fails to properly question the context of a wider system of subordination. It can be argued that the theory does challenge the dominant male norms nor take into consideration the "male sources of privilege"(Albert, 2006, 309). Consequently, it can be argued that the theory is inadequate to explain the "underrepresentation of women in managerial roles" (Albert, 2006, 309).

This line of argument is, for example, advocated by the Radical feminist. Radical feminist developed the "dominance theory" to tackle these issues, thus presents another viewpoint and suggestion for tackling patriarchal structures in society and the law. The dominance theory identifies and challenges male superiority both in theory and in praxis; the aim is to find and exploit "the patterns of socialisation that leads to women's oppression" (Albert, 2006, 309).

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the society. According to the theory, men are the privileged and women the subordinated. The social institution within a society, such as the law, enables these structures, making the male the privileged. The law and other social institutions construct women as sex objects and inferior, dependent beings. The theory usually discusses the issues of prostitution, pornography, sexual harassment and "inadequate responses to violence against women as examples of the

ways law contribute to the oppression of women" (Levit, 2016, 21).

However, many criticise the "dominance" theory, and most of the criticism concerns the description of women's conditions. Feminists question the implications of dominance theory, that women are "victims" of male subordinates and male coercion. It is commonly argued that, with radical feminist, women are described as a victim without agency. The critics further argue that MacKinnon's argument promotes a "negative characterisation of female sexuality and

"wounded passivity on the part of women" (Albert, 2006, 311). Radical feminist arguing the

abolitionist perspective have also been claimed to focus on the experience of white western women mainly, therefore not acknowledging the oppression of non-western women (Albert, 2006, 3011). However, it has also been argued that when radical feminist theories discuss the experience of non-western women, it is through a victimised angle by describing them as vulnerable, unable of making active choices (Valadier, 2018, 504).

5.2 Prostitution and Trafficking discourses

i.

Abolitionist

discourse

According to the abolitionist, prostitution is an expression of unequal power structures between the genders and a form of men's violence towards women. Prostitution is oppressing in its nature since, according to abolitionist, no one chooses to be a prostitute if a better option would exist. This is famously expressed by Mackinnon, who argues that prostitution is oppressing, and it is never a choice (Mackinnon, 2011, 274). According to Mackinnon

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Mackinnon points at the violence prostitutes experience throughout their work and argue that prostitution itself can be considered as a type of violence. This argument is supported by research that demonstrates the consequences of prostitution, such as impoverishment and destruction of women's emotional lives, which enriches the opinion that the buyers of sex exert violence against the prostitutes. Research also establishes that the level of PTSD that prostitutes experience is equal to the level that war veterans and people who have experienced torture and rape (Mackinnon, 2011, 286-288).

According to Mackinnon and radical feminist legal theory, an adequate law or policy that promotes either human right or people in prostitution has three foundational parts "decriminalising and supporting people in prostitution, criminalising their buyers

strongly, and effectively criminalising third-party profiteers" (Mackinnon, 2011, 307). These

three parts are needed to expose the "intergenerational discrimination to which people in

situations of prostitution are subjected" (Mackinnon,2011,307). According to this perspective,

prostitution is considered violence against women and could be equated with human trafficking. Hence to combat human trafficking, there is a need to criminalise buying sex. Mackinnon argues for the benefits and efficiency of the Swedish regulations on prostitution, where it is illegal to purchase sex services but not to sell. Mackinnon argues that "Eliminating her

criminality raises her status; criminalising him lowers his privilege" (Mackinnon, 2011,301).

In contrast to the prostitution discourse, there is no debate within the trafficking discourse since no one defends human trafficking. There are, however, different ways to perceive human trafficking and its relationship to prostitution. Thus, it is a debate within the human trafficking discourse regarding the relationship between human trafficking and prostitution, are they distinguished or indistinguishable from each other? As McKinnon puts is "The debate on the

underlying reality, and its relation to inequality intensifies whenever doing anything effective about either prostitution or trafficking is considered" (Mackinnon, 2011, 45).

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sexual purposes. Some radical feminist equates human trafficking and prostitution since both are oppression no one chooses. According to McKinnon, the one difference between human trafficking and prostitution is that human trafficking involves transportation. However, she considers both to be slavery and sexual exploitation (Mackinnon, 2011, 288-304). According to Mackinnon, prostitution is also considered slavery since slavery is internationally defined as

"the exercise of powers of ownership over a person" (Mackinnon, 2011, 291). Mackinnon

argues that "When pimps sell you for sex to johns who buy you, and you want to leave but

cannot, you are a sex slave by international legal definition whether you have ever been beaten or crossed a border" (Mackinnon, 2011, 291).

ii Normalisation discourse

The normalisation discourse is grounded in the belief in women's agency and autonomy. It is based on the argument that a woman should be able to make a choice herself and that it is oppressing to forbid women to decide what to do with their body. It is built upon the fact that earlier in history, and still in some parts of the world, a woman has not been considered a legal entity entitled to conclude agreements and that through history, the women's body was subjected to patriarchal societies. Thus, it is an integral part of promoting women's right to ensure that women acquire the right to decide over their bodies through contracts (Nussbaum, 1999, 297).

A famous feminist arguing for the normalisation perspective is Nussbaum, who believes that the stigmatisation around prostitution is dangerous and needs to be diminished. The stigmatisation is hazardous whereas it reduces the person's "dignity and self-respect" (Nussbaum, 1998, 703). She argues that prostitution can be compared to other labours that are exercised with the body, such as masseuse. According to her, the principal difference between other work exercised with the body, such as masseuse, is the stigmatisation around prostitution. It is not prostitution in itself, but the stigmatisation around it makes it a dangerous profession (Nussbaum, 1998). It is the stigmatisation that oppresses women since it originates from the gender hierarchy and the idea of female sexuality as something dangerous in need to be controlled. The stigmatisation and criminalisation of prostitution are a way to contain female sexuality, thus allowing men to control women (Nussbaum, 1998, 708).

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women's agency and autonomy has been taken out of the equation. When it is not the women's choice, the law should prosecute the perpetrators for crimes such as human trafficking or forced prostitution. However, from a legal outlook, she argues the decriminalisation of prostitution since, in her belief, prostitution can be a choice. To combat prostitution, improved economic independence for women is the option, not laws prohibiting prostitution (Nussbaum, 1998, 723-724).

Nussbaum questions the "male dominance" arguments that radical feminist uses. She argues that if we should ban prostitution due to "male dominance", we should also ban marriage on the same notion. With both prostitution and marriage, Nussbaum argues that it is not the institution of it that creates male dominance but the cultural and normative developments surrounding it. Thus, banning it will not help; there is a need to reform. To combat male dominance, reformation is the key to create equality within institutions such as prostitution and marriage (Nussbaum, 1998,718-720).

As previously mentioned, regarding trafficking, no feminist perspective, or perspective in general, would defend trafficking. However, according to the normalisation standpoint, there is no correlation or direct relationship between prostitution and human trafficking. The normalisation discourse emphasises the protection of sex workers and victims of human trafficking as a response to combat human trafficking. According to this viewpoint, the stigmatisation of sex workers results in an exclusion of the sex industry from labour law regulations which negatively affects the protection of the workers (Westerstrand, 2008, 133). According to the normalisation discourse, the abolitionist strategies ignore women and thereby increases women exposure and vulnerability for being sexually exploited, raped or assaulted. Criminalising the sex industry will only increase the benefit and interest of the state's rich and powerful, simultaneously decreasing the power and capital of the least powerful, the prostitutes. It also victimises women, which diminished their agency and the right over their bodies. According to the radical feminist goes against the core values of feminist, the women's right to deceive what to do with their bodies (Westerstrand, 2008, 226).

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attention, which should have been given to serious crimes such as kidnapping, coercion and human trafficking (Nussbaum, 1998, 709-710).

5.3 Feminist theories on migration through prostitution

Migration could be considered a gendered issue; thus, it is necessary to apply a feminist approach. According to UNFPA, there are plenty of different reasons why migration is a feminist issue. Approximately half of the migrants consist of women, and during the travel, women's risk of being exploited, trafficked or raped are higher than for men. Migrant women also face double the discrimination than the men and are more likely to face health risks (UNFPA, Five reasons migration is a feminist issue, 2018). Thus, it is necessary to view migration as a gendered issue in need of gendered approaches.