QUAGMIRE OF "HUMAN TRAFFICKING" are granted access only to discretionary relief' 0 under processe... more QUAGMIRE OF "HUMAN TRAFFICKING" are granted access only to discretionary relief' 0 under processes that may not be explained to them."' Indeed, only a minority of states has adopted mechanisms even to consider the protection of trafficked persons, 12 and these programs generally offer no more than strictly provisional assistance.' The Trafficking Protocol's drafters, moreover, rejected a proposal to require that repatriation of trafficked persons be "voluntary" in favor of a duty on the part of countries of origin to "facilitate and accept" their trafficked citizens back "without undue or unreasonable delay,"' 14 albeit "with due regard for the safety of that person."' 15 Similar inattention to the human dimension of trafficking is said also to be evident in the Trafficking Protocol's failure to move beyond rhetorical support for efforts to address the social and economic phenomena that make people vulnerable to traffickers in the first place.' 6 10. Only one human rights obligation-namely, the duty to provide the victims of trafficking with access to a system to seek compensation-is obligatory. "Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered." Trafficking Protocol, supra note 2, art. 6(6) (emphasis added).
Technological developments move at lightening pace and can bring with them new possibilities for ... more Technological developments move at lightening pace and can bring with them new possibilities for social harm. This book brings together original empirical and theoretical work examining how digital technologies both create and sustain various forms of gendered violence and provide platforms for resistance and criminal justice intervention. This edited collection is organised around two key themes of facilitation and resistance, with an emphasis through the whole collection on the development of a gendered interrogation of contemporary practices of technologically-enabled or enhanced practices of violence. Addressing a broad range of criminological issues such as intimate partner violence, rape and sexual assault, online sexual harassment, gendered political violence, online culture, cyberbullying, and human trafficking, and including a critical examination of the broader issue of feminist ‘digilantism’ and resistance to online sexual harassment, this book examines the ways in which ...
Over the past decade a substantial body of criminological research has documented the impact of n... more Over the past decade a substantial body of criminological research has documented the impact of national border regimes on the bodies and lives of many around the globe. Although this research has been crucially important for developing a 'criminology of mobility' (Aas and Bosworth, 2013), there has been a tendency within the extant research to privilege the bordering power of nation-states while framing border crossers as relatively powerless. The aim of this Special Issue is to contribute theory and research to the field of border criminology by starting from a different perspective than much of the work to date. In this project, we prioritize attention to the diverse ways that borders and global processes of bordering are being transformed from below by border crossers and other ordinary people. The articles in this Special Issue examine a variety of places and contexts where migrants are climbing social, economic, political and discursive fences, claiming rights, resisting criminalization and demanding fair and humane treatment, often in collaboration with allies. All of the articles feature sophisticated theoretical insights and useful conceptual tools for examining how and why actions from below transform borders, adding nuance and complexity to the existing criminological literature on borders and mobility. All of the articles also draw on rich empirical research-from across the EU, the USA and the Asia Pacific region-to illuminate strategies and tactics employed by ordinary people to challenge, reimagine and transform borders and bordering. This collection highlights the impermanence of borders. Authors theoretically engage bordering as a performance, as a relational process and as a struggle. Theorizing is informed by empirical analyses of how borders and bordering are created, resisted and transformed in diverse sites around the globe. While borders are often designed to exclude, processes of bordering frequently include opportunities for migrants, employers, non-governmental workers and others to shape the impact and character of bordering in their everyday lives. In this way, the exclusionary laws, policies and practices of nation-states are sometimes 'transformed from below'. The collection begins with a provocative article by Wonders and Jones who seek to reframe how bordering and migration are conceived within criminology. Arguing that bordering must be understood as a tactic for socially constructing difference, they draw
View related articles Citing articles: 3 View citing articles Surely something is better than not... more View related articles Citing articles: 3 View citing articles Surely something is better than nothing? The Australian response to the trafficking of women into sexual servitude in Australia The trafficking of women into sexual servitude in Australia is a complex, predominantly hidden problem of which the true extent and nature is difficult to ascertain and widely contested. The Australian government has recently identified the 'illegal international trade in people' as a 'repugnant trade' that requires a national response (Minister for Justice & Customs 2003). In October 2003 this response was revealed in the form of a four-year whole-of-government $20 million package, the 'Commonwealth Action Plan to Eradicate Trafficking in Persons' [the Anti-Trafficking Package]. Considering the seriousness ofthe issue and the inadequacy of past approaches to trafficking, 1 this whole-of-government package was a welcome development. Since the announcement, however, there has been little critical engagement with the substance of the package. While policy implementation can be a lengthy process, by February 2004 representatives from the Attorney-General's Department (the lead agency with the primary responsibility for the coordination and implementation of the package) stated that 'implementation of the package is now progressing quite well and it is essentially fully operational' (Blackburn in JCACC 2004:14). Given that the Anti-Trafficking Package is now functional, a critique of major aspects of the package is timely, if not overdue. The package, focused on criminalisation and prosecution, falls clearly within the purview of the criminological gaze. Thus it is through this lens that limitations of the package will be identified and explored, limitations that will have direct implications for the ultimate 'success' of the package in eliminating the trafficking of people, particularly the trafficking of women into sexual servitude.
In 2017, the Migration Amendment (Family Violence and Other Measures) Bill 2016 (Cth) was reintro... more In 2017, the Migration Amendment (Family Violence and Other Measures) Bill 2016 (Cth) was reintroduced. The Bill proposes to mandate character checks for people seeking to sponsor family visa applications and to refuse sponsorship applications on grounds of conviction for various offences relating to abuse and family violence. With reference to the Senate Legal and Constitutional Affairs References Committee inquiry into the Bill, this comment outlines the current visa sponsoring requirements, and identifies the implications, impact and limitations of the proposed measures, exploring whether they will in fact offer protection from family violence experienced by women without permanent status in, or outside of, Australia.
In this paper, we draw on accounts of family violence risk offered by women from culturally and l... more In this paper, we draw on accounts of family violence risk offered by women from culturally and linguistically diverse (CALD) communities living in Victoria Australia, and examine how women’s migration and experiences of difference impact on the risks they face from family violence. Women in refugee and immigrant communities are often understood as experiencing additional barriers and vulnerabilities when they face family violence; implicitly creating a deficit model of vulnerability attached to women’s intersectional marginalization particularly in terms of migration and service regimes. Yet when we focus on women’s own accounts of risk and safety, we argue that the ‘vulnerabilities’ these women experience are in fact predominantly created by service and legislative regimes that operate in terms of gender and migration. Rather than assuming that such vulnerabilities are inherent for women from CALD communities, we need to better recognise women’s own assessments of risk and their s...
This is an open-access article distributed under the terms of the Creative Commons Attribution Li... more This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC-BY). Under CC-BY license, the public is free to share, adapt, and make commercial use of the work. Users must always give proper attribution to the author(s) and the Anti-Trafficking Review.
QUAGMIRE OF "HUMAN TRAFFICKING" are granted access only to discretionary relief' 0 under processe... more QUAGMIRE OF "HUMAN TRAFFICKING" are granted access only to discretionary relief' 0 under processes that may not be explained to them."' Indeed, only a minority of states has adopted mechanisms even to consider the protection of trafficked persons, 12 and these programs generally offer no more than strictly provisional assistance.' The Trafficking Protocol's drafters, moreover, rejected a proposal to require that repatriation of trafficked persons be "voluntary" in favor of a duty on the part of countries of origin to "facilitate and accept" their trafficked citizens back "without undue or unreasonable delay,"' 14 albeit "with due regard for the safety of that person."' 15 Similar inattention to the human dimension of trafficking is said also to be evident in the Trafficking Protocol's failure to move beyond rhetorical support for efforts to address the social and economic phenomena that make people vulnerable to traffickers in the first place.' 6 10. Only one human rights obligation-namely, the duty to provide the victims of trafficking with access to a system to seek compensation-is obligatory. "Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered." Trafficking Protocol, supra note 2, art. 6(6) (emphasis added).
Technological developments move at lightening pace and can bring with them new possibilities for ... more Technological developments move at lightening pace and can bring with them new possibilities for social harm. This book brings together original empirical and theoretical work examining how digital technologies both create and sustain various forms of gendered violence and provide platforms for resistance and criminal justice intervention. This edited collection is organised around two key themes of facilitation and resistance, with an emphasis through the whole collection on the development of a gendered interrogation of contemporary practices of technologically-enabled or enhanced practices of violence. Addressing a broad range of criminological issues such as intimate partner violence, rape and sexual assault, online sexual harassment, gendered political violence, online culture, cyberbullying, and human trafficking, and including a critical examination of the broader issue of feminist ‘digilantism’ and resistance to online sexual harassment, this book examines the ways in which ...
Over the past decade a substantial body of criminological research has documented the impact of n... more Over the past decade a substantial body of criminological research has documented the impact of national border regimes on the bodies and lives of many around the globe. Although this research has been crucially important for developing a 'criminology of mobility' (Aas and Bosworth, 2013), there has been a tendency within the extant research to privilege the bordering power of nation-states while framing border crossers as relatively powerless. The aim of this Special Issue is to contribute theory and research to the field of border criminology by starting from a different perspective than much of the work to date. In this project, we prioritize attention to the diverse ways that borders and global processes of bordering are being transformed from below by border crossers and other ordinary people. The articles in this Special Issue examine a variety of places and contexts where migrants are climbing social, economic, political and discursive fences, claiming rights, resisting criminalization and demanding fair and humane treatment, often in collaboration with allies. All of the articles feature sophisticated theoretical insights and useful conceptual tools for examining how and why actions from below transform borders, adding nuance and complexity to the existing criminological literature on borders and mobility. All of the articles also draw on rich empirical research-from across the EU, the USA and the Asia Pacific region-to illuminate strategies and tactics employed by ordinary people to challenge, reimagine and transform borders and bordering. This collection highlights the impermanence of borders. Authors theoretically engage bordering as a performance, as a relational process and as a struggle. Theorizing is informed by empirical analyses of how borders and bordering are created, resisted and transformed in diverse sites around the globe. While borders are often designed to exclude, processes of bordering frequently include opportunities for migrants, employers, non-governmental workers and others to shape the impact and character of bordering in their everyday lives. In this way, the exclusionary laws, policies and practices of nation-states are sometimes 'transformed from below'. The collection begins with a provocative article by Wonders and Jones who seek to reframe how bordering and migration are conceived within criminology. Arguing that bordering must be understood as a tactic for socially constructing difference, they draw
View related articles Citing articles: 3 View citing articles Surely something is better than not... more View related articles Citing articles: 3 View citing articles Surely something is better than nothing? The Australian response to the trafficking of women into sexual servitude in Australia The trafficking of women into sexual servitude in Australia is a complex, predominantly hidden problem of which the true extent and nature is difficult to ascertain and widely contested. The Australian government has recently identified the 'illegal international trade in people' as a 'repugnant trade' that requires a national response (Minister for Justice & Customs 2003). In October 2003 this response was revealed in the form of a four-year whole-of-government $20 million package, the 'Commonwealth Action Plan to Eradicate Trafficking in Persons' [the Anti-Trafficking Package]. Considering the seriousness ofthe issue and the inadequacy of past approaches to trafficking, 1 this whole-of-government package was a welcome development. Since the announcement, however, there has been little critical engagement with the substance of the package. While policy implementation can be a lengthy process, by February 2004 representatives from the Attorney-General's Department (the lead agency with the primary responsibility for the coordination and implementation of the package) stated that 'implementation of the package is now progressing quite well and it is essentially fully operational' (Blackburn in JCACC 2004:14). Given that the Anti-Trafficking Package is now functional, a critique of major aspects of the package is timely, if not overdue. The package, focused on criminalisation and prosecution, falls clearly within the purview of the criminological gaze. Thus it is through this lens that limitations of the package will be identified and explored, limitations that will have direct implications for the ultimate 'success' of the package in eliminating the trafficking of people, particularly the trafficking of women into sexual servitude.
In 2017, the Migration Amendment (Family Violence and Other Measures) Bill 2016 (Cth) was reintro... more In 2017, the Migration Amendment (Family Violence and Other Measures) Bill 2016 (Cth) was reintroduced. The Bill proposes to mandate character checks for people seeking to sponsor family visa applications and to refuse sponsorship applications on grounds of conviction for various offences relating to abuse and family violence. With reference to the Senate Legal and Constitutional Affairs References Committee inquiry into the Bill, this comment outlines the current visa sponsoring requirements, and identifies the implications, impact and limitations of the proposed measures, exploring whether they will in fact offer protection from family violence experienced by women without permanent status in, or outside of, Australia.
In this paper, we draw on accounts of family violence risk offered by women from culturally and l... more In this paper, we draw on accounts of family violence risk offered by women from culturally and linguistically diverse (CALD) communities living in Victoria Australia, and examine how women’s migration and experiences of difference impact on the risks they face from family violence. Women in refugee and immigrant communities are often understood as experiencing additional barriers and vulnerabilities when they face family violence; implicitly creating a deficit model of vulnerability attached to women’s intersectional marginalization particularly in terms of migration and service regimes. Yet when we focus on women’s own accounts of risk and safety, we argue that the ‘vulnerabilities’ these women experience are in fact predominantly created by service and legislative regimes that operate in terms of gender and migration. Rather than assuming that such vulnerabilities are inherent for women from CALD communities, we need to better recognise women’s own assessments of risk and their s...
This is an open-access article distributed under the terms of the Creative Commons Attribution Li... more This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC-BY). Under CC-BY license, the public is free to share, adapt, and make commercial use of the work. Users must always give proper attribution to the author(s) and the Anti-Trafficking Review.
Australian and New Zealand Journal of Criminology, 2018
This article responds to recent calls to better understand and respond to family violence risks t... more This article responds to recent calls to better understand and respond to family violence risks to children. Drawing on the findings of a wider research project on family violence risk which engaged with over 1000 members of Victoria’s family violence system through a survey, focus groups and in-depth interviews, this article examines practitioners’ views on current practices and future needs for reform to improve family violence risk assessment practices for children. The findings have implications both nationally and internationally, given the dearth of evidence-based family violence risks assessment tools. Key findings reinforce the importance of interagency collaboration and a shared responsibility for children impacted by family violence across services and the importance of specialised training in this area. Caution, however, is raised about ongoing patterns of blame for mothers affected by family violence: we conclude that the need to address children’s risk in family violence is critical but ongoing attention to how gendered patterns structure family violence and social responses is also essential.
Australian and New Zealand Journal of Criminology, 2016
The adequacy of police responses to intimate partner violence has long animated scholarly debate,... more The adequacy of police responses to intimate partner violence has long animated scholarly debate, review and legislative change. While there have been significant shifts in community recognition of and concern about intimate partner violence, particularly in the wake of the Victorian Royal Commission into Family Violence, it nonetheless remains a significant form of violence and harm across Australian communities and a key issue for police, as noted in the report and recommendations of the Royal Commission. This article draws on findings from semi-structured interviews (n ¼ 163) with police in Victoria and pursues two key interrelated arguments. The first is that police attitudes towards incidents of intimate partner violence remain overwhelmingly negative. Despite innovations in policy and training, we suggest that this consistent dissatisfaction with intimate partner violence incidents as a policing task indicates a significant barrier, possibly insurmountable, to attempts to reform the policing of intimate partner violence via force-wide initiatives and the mobilisation of general duties for this purpose. Consequently, our second argument is that specialisation via a commitment to dedicated intimate partner violence units – implemented more consistently and comprehensively than Victoria Police has to date – extends the greatest promise for effective policing of intimate partner violence in the future.
Over the past decade, the border and border policing has figured as central to identifying and re... more Over the past decade, the border and border policing has figured as central to identifying and responding to trafficking. This article draws on original research into immigration officers' decision-making -both at the border and within the nationto identify the persistent preoccupation with suspect travellers. Examining research in Australia and Thailand that spans seven years, the article brings together research that demonstrates the predominance of the binary category of victim of trafficking/unlawful migrant worker and highlights the ambiguity of daily decision-making processes that categorise women who come into contact with immigration authorities. While the policy rhetoric is based on categories and risk profiles for identifying suspected victims of trafficking or those deemed at risk, we contribute to the growing body of work that has highlighted the presence of gendered and racialised stereotypes in immigration decision-making and consider implications this may have on women's mobility across and within borders.
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Papers by Marie Segrave