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University of Technology Sydney Law Research Series |
Last Updated: 17 May 2017
Draft Edited file 6/20/10
HIV and Human Trafficking-Related Stigma:
Health Interventions for Trafficked Populations
Ramona
Vijeyarasa, LLM, LLB, BA1
Richard A. Stein, MD,
PhD2
Author affiliations:
1School of Social Sciences and International Studies, University
of New South Wales, Sydney, Australia, and 2Department of Molecular
Biology, Princeton University, Princeton, NJ (ras2@princeton.edu).
Corresponding Author:
Richard A. Stein, MD, PhD, Princeton
University, Department of Molecular Biology, One Washington Road, LTL320,
Princeton, NJ 08544
Despite potential overlapping causes and consequences of HIV
infection and human trafficking, including poverty, discrimination, and
marginalization,1 there is only limited recognition of the links
between the two. The limited research that exists on trafficking for sexual
exploitation
(and not labor exploitation more generally) suggests that
trafficked individuals face increased risks of HIV infection, and that
there is
stigmatization associated with the convergence between HIV and human
trafficking. HIV awareness-raising interventions are
needed among potential
trafficked populations and migrant sex workers alike during the pre-departure
stage, and increased access
to health care and voluntary HIV screening is needed
for all migrant populations, including trafficked individuals, in countries
of
origin and destination. All such interventions must give sufficient attention to
stigma-reduction strategies.
Trafficking, Migration, and Sex Work
There are important
similarities and differences in the circumstances of trafficked individuals and
migrant sex workers. The 2000
UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, defines trafficking as
the movement
of people through various means, including threats, force, or
coercion, for the purpose of exploitation.2 $$$AU: Reference okay?
(see Reference list)$$$ [Reference amended-see below] While useful to
conceptualize trafficking, the definition is of limited value in ensuring
rights-based interventions and in recognizing
how initially voluntary movement
can lead to exploitative and trafficking-like working conditions.3
To the contrary, migrant sex workers are engaged in voluntary movement,
although their status is often similarly undocumented, which
leads to increased
risk of exploitation by clients, brothel owners, and others in destination
countries. Despite the differences,
interventions that raise awareness of the
risks of HIV infection are of benefit to both trafficked women and migrant sex
workers,
particularly given that both groups experience similar health risks and
barriers to health services.1
HIV, Trafficking, and the
Current Evidence Base
The lack of scientific research on the
bi-directional relationship between trafficking and HIV impedes the design of
public policies
and interventions to address this intersection. Furthermore,
most studies on the relationship between HIV/AIDS and trafficking focus
only on
South and Southeast Asia, the second most HIV-infected region globally, and one
for which the epidemic is characterized by
spreading predominantly through
heterosexual transmission and intravenous drug use.
The most intuitive
relationship between trafficking and HIV/AIDS is the risk of infection that
trafficked individuals face in destination
countries. Two studies from
20064 and 20095 $$$AU: References were reordered in the
reference list to match the order in the text$$$ [References has been
reordered so that 2006 comes first] report HIV infection in 22.9% to 45.8%
of human trafficking victims. A study by Dharmadhikari et al from 2009, focusing
on the trafficking
of Nepalese women and girls to India, revealed lower but
significant rates of infection, with 15 of 287 trafficked individuals, aged
7 to
32 years at the time of being trafficked, returning home
HIV-positive.6
Though surprising, the interrelationship between
HIV and human trafficking could in fact be bidirectional. While it is less
likely
that a woman who is ill would choose to migrate for work, the stigma
associated with HIV/AIDS may force a woman to leave her community
and risk
unsafe migration and trafficking-like conditions, with at least one example
having been documented.1 Further research will be required to
substantiate the contention that women living with HIV/AIDS face an increased
risk of trafficking
and unsafe migration.
Furthermore, although there are
limited data on the relationship between other infectious diseases and
trafficking, the study by Dharmadhikari
et al revealed that 17 of the 287
victims in the study had tuberculosis.6 In addition to HIV,
interventions should therefore address other infectious diseases.7
The extent to which trafficked individuals and migrant sex workers face
increased vulnerability to HIV/AIDS and tuberculosis varies
and is influenced by
a multitude of factors. These include the level of pre-departure knowledge
concerning the virus, clients’
attitudes towards condom use, and the level
of negotiating power, if any, that trafficked individuals and sex workers alike
are able
to exercise regarding condom use. Other factors include the number of
clients serviced daily, and the risks of forced sex during
menstruation, all of
which increase exposure and mistreatment. A further consideration is the extent
to which clean syringes are
used in places where trafficked individuals, sex
workers, and clients have been identified as injecting drug users. It is
important
that research is undertaken in countries where some of the risk
factors that increase exposure to HIV are evident.
Multiple
experiences of stigma
Attention must be given to the relationship between
stigma related to both trafficking and HIV/AIDS.8 Stigma concerns the
labeling of those who are “different” as undesirable. Stigmatization
is linked to social, economic,
and political power that allows us to identify
differences, construct stereotypes, label groups, and execute
rejection.9 If labeled as disease carriers, discrimination,
marginalization, and abuse may be aggravated for trafficked individuals. Shame
associated
with HIV and trafficking, known as internalized or felt stigma, may
prevent individuals living with HIV and/or returned trafficked
individuals from
seeking treatment and other health care interventions.1 For
trafficked individuals returning home HIV-positive, the challenge of integration
into their former community, or a new one, will
be exacerbated in countries that
are known to show a lack of respect for the rights of persons living with
HIV/AIDS.
Required Interventions
A number of factors should be
considered when developing health interventions to address the relationship
between infectious diseases
and trafficking. Public messaging directly linking
trafficking with vulnerability to HIV may result in increased stigma and
discrimination
against both formerly trafficked persons, who will consequently
be perceived as HIV-positive, and women already living with HIV/AIDS,
who will
then be perceived as having been trafficked or involved in sex work.
HIV-prevention and stigma-reduction strategies should
be simultaneously
incorporated into pre-departure awareness-raising interventions for potential
migrants.
Health care services in destination countries also must be made
accessible. In some instances, HIV status is used as a basis for the
expulsion
of trafficked individuals $$$AU: Okay?$$$ from destination countries.
Legislative and policy reforms are essential to eliminate such responses and
ensure access by migrant
sex workers and trafficked individuals to health care
services in destination countries. Traffickers’ desire to keep women
in
destination countries hidden from authorities may further act as a barrier to
accessible health care. Consequently, HIV interventions
in destination countries
may be inaccessible to trafficked women due to restrictions on their
movement.4 $$$AU: Reference correct?$$$ [Yes]
HIV
prevention and treatment for trafficked individuals and sex workers alike should
be integrated with comprehensive reproductive
and other sexual health services
and guidance, to which these populations may not have had access prior to
migrating. A focus solely
on HIV interventions, while ignoring reproductive and
other sexual health needs, perpetuates the notion of returning trafficked
individuals
as disease carriers and fails to provide access to holistic health
care.
Health interventions are essential to overcome risks of HIV infection
and tuberculosis among mobile populations, and to address the
consequences of
infection, including increased stigma, discrimination, and further human rights
violations.10 In cases in which trafficked individuals return home
with HIV infection, they are potentially burdened by both trafficking and the
HIV/AIDS-related stigma. Without adequate interventions in destination countries
and upon return, the stigma faced by returning trafficked
individuals living
with HIV/AIDS will only act to exacerbate marginalization and perpetuate denial
of fundamental human rights, including
access to health care services.
$$$AU: Please add information for the following$$$
Financial
Disclosures:
R Vijeyarasa-None
R.A.
Stein-None
Funding/Support:
R Vijeyarasa-Australian Postgraduate
Award (Australian Government) and Scholarship, Faculty of Arts and Social
Sciences, University
of New South Wales
Role of the Sponsor:
R
Vijeyarasa-None
Additional Contributions: The authors would like
to thank Dr Helen Pringle and José-Miguel Bello y Villarino for their
valuable comments on earlier drafts
of this paper.
References
$$$AU: Are
old references #8 and #9 needed? They are not cited in the text$$$
I
would like to keep in the Huda reference. The Huda reference is valuable for a
number of reasons. First, it is one of few articles
that explore the
gynecological consequences of human trafficking. Secondly, Sigma Huda was the
former UN Special Rapporteur on Trafficking
and has specifically highlighted the
idea of multiple burdens of stigma.
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