Suffering at the Margins

Applying Disability Critical Race Studies to Trafficking in the United States

Bibliographic Data

ID21636706
AuthorsRachel Rein (corresponding author)
Year2022
Volume42
Issue2
Pages183-256
Publication date2022-06-23
Open AccessYes
TypeARTICLE
VenueColumbia Journal of Gender and Law (JOURNAL)
Journal identifiersISSN: 1062-6220 • E-ISSN: 2333-4339
PublisherColumbia University Libraries (PUBLISHER • US)
DOI10.52214/cjgl.v42i2.9065
OpenAlexW4283377138
LanguageEN
Citations received2
References cited7

Human trafficking is a scourge in which perpetrators victimize the most vulnerable and marginalized members of a population to sell their bodies or sell their labor for profit. This Note explores human trafficking in the United States through Disability Critical Race Studies (DisCrit). First, the Note offers background on trafficking and applicable federal law. Not only does trafficking disable people, but people with preexisting disabilities are especially at risk for trafficking. Next, the Note shows that trafficking law follows a law-and-order framework: a framework that prioritizes prosecuting traffickers and doles out penal remedies. This framework and its intimate ties with the criminal justice system is a dual-edged sword. It helps countless survivors yet retraumatizes some marginalized survivors. Finally, the Note introduces DisCrit, justifies its use for anti-trafficking advocacy, and applies the DisCrit framework. By looking at trafficking law through DisCrit, one sees that trafficking law must work with—not against—survivors to end human suffering

Criminal justice · Criminal law · Criminology · Human trafficking · Political science · Population · Sex trafficking · Sociology · SWORD · Engineering · Gender Studies · Law · Legal Systems and Judicial Processes

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