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The Gap Between International Law and Enforcement vis a vis Child Trafficking in India and Thailand

By Ross Michael Pink


This PhD thesis examines the issue of child trafficking in India and Thailand and the enforcement gap that exists in each state with respect to articles 34 and 35 of the Convention on the Rights of the Child, CRC 1989, to which both states are signatories. The thesis specifically examines the crime of child trafficking for the purpose of sexual exploitation in the commercial sex industry, CSI, a problem that has been well documented in both states. It should be noted at the onset that the enforcement regime in both states is weak, according to authoritative sources such as the United States Government Department of State Annual Trafficking in Persons Report. \ud The research examines factors that propel child trafficking, data on prosecutions and convictions as well as domestic laws designed to inhibit and prosecute child trafficking offences. Critical issues that influence child trafficking in both states are examined. These include: gender discrimination; caste discrimination in India and features of caste discrimination in Thailand; poverty; inadequate law enforcement regimes; the incidence of police and judicial corruption and evidence of inadequate training on child trafficking issues and law. The thesis is focused solely on internal child trafficking within each state. Based upon the research, field work, and interviews, the argument is presented that the enforcement gap vis a vis child trafficking inherent in each state must be understood as not only a law enforcement problem but also as a problem rooted in a multitude of complex, interrelated factors. By examining these factors and their impact upon the enforcement gap and child trafficking to the CSI, new avenues of understanding may emerge that can inform policy on prevention, law enforcement and deterrence

Publisher: University of Leicester
Year: 2010
OAI identifier: oai:lra.le.ac.uk:2381/8761

Suggested articles



  1. (2002). A Nuremberg Prosecutors Response To Henry Kissinger‟s Essay “The Pitfalls of Universal Jurisdiction”, Equipo Nizkor.
  2. (2001). Action Against Trafficking and Sexual Exploitation of Children,
  3. (1996). Addendum to Third Periodic Reports of State Parties Due
  4. (1991). Amniocentesis and the Future of the Girl Child” Girl Child
  5. (1991). An Analytical Summary of Comments Received by the Secretary General on the Draft Programme of Action for the Prevention of Sale of Children, Child Prostitution and Child Pornography,
  6. (2002). An Exploratory Study on Devadasi Rehabilitation Programme,
  7. (2002). and ORG-Marg Research Pvt. Ltd
  8. (2000). Anirudh Krishna and Disa Sjoblom, “Inclusion and Local Elected Governments: The Panchayat Raj System
  9. (2006). Anti-Child Trafficking Legislation in Asia: A Six-Country Review,
  10. (2005). Asian Center for Human Rights
  11. (1998). Asian Freedoms,
  12. (1989). Basic Rights: Subsistence, Affluence and US Foreign Policy,
  13. (1999). Bribery, globalization and the problem of dirty hands, Paper presented at conference, Corruption: Ethical Challenges to Globalization,
  14. (1999). Broken People, New York India Report to the United Nations Committee for the Convention on the Rights of the Child,
  15. (2002). Campaign Against the Exploitation of Women
  16. (1998). Canadian Institute, Trafficking in Persons in South Asia,
  17. (2004). Caste Violence and Dalit Deprivation in India: A Capability Approach, Centre for Development Studies,
  18. (2002). Child Prostitution: Global Health Burden, Research Needs and Interventions,
  19. (2001). Child Rights in India,
  20. (2005). Children in the Global Sex Trade,
  21. (2006). Christine Bruckert, Colette Parent, “Trafficking In Human Beings and Organized Crime: A Literature Review,
  22. (2006). Citizenship,” Political Innovation and Conceptual Change,
  23. (2000). Commercial Sex Workers
  24. (1995). Commission on Global Governance
  25. (1995). Commission on Global Governance, Our Global Neighborhood (Oxford:
  26. (1999). Committee on the Elimination of Discrimination Against Women
  27. (1999). Committee on the Elimination of Discrimination Against Women, Concluding Observations: Thailand
  28. (2005). Committee on the Rights of the Child
  29. (2006). Committee on the Rights of the Child, Forty-first session, Concluding Observations: Thailand
  30. (2001). Comparative Study of Women Trafficked in the Migration Process.
  31. (2003). Conceptual Framework for Human Security,
  32. (2001). Conditions for Effective Reform, Paper presented at the ADB/OECD Conference, Asia-Pacific Region,
  33. (2001). Conditions for Effective Reform” in Taking Aim Against Corruption
  34. (1998). Convention on the Rights of the Child
  35. (1989). Convention on the Rights of the Child,
  36. (1998). Convention on the Rights of the Child: The Alternate Report India,
  37. (2003). Corruption in India: The Roadblock to National Prosperity, Academic Foundation,
  38. (1978). Corruption: A Study in Political Economy,
  39. Corruption: India‟ Enemy Within
  40. (2001). Corruption: India‟s Enemy Within,
  41. (1997). Corruption: The Facts, Foreign Policy,
  42. (2005). Cosmopolitan Global Politics,
  43. (2006). Dabir, Personal Interview,
  44. (2002). Dalits and the State, Concept Publishing,
  45. (2008). Data and Research on Human Trafficking: Bibliography of Research – Based Literature” Final Report, Institute for the Study of International Migration,
  46. (2008). Data and Research on Human Trafficking: Bibliography of Research-Based Literature, Institute for the Study of International Migration,
  47. (2000). Decline and Fall of Buddhism,
  48. (2003). Developing Better Indicators of Human Trafficking for Asia, Paper presented for the Expert Group Meeting on Prevention of International Trafficking,
  49. (2003). Developing Better Indicators of Human Trafficking for Asia” Paper presented for the Expert Group Meeting on Prevention of International Trafficking,
  50. (1994). Development Report
  51. (2009). Dynamics of Modern Democracy, The Indian Experience,
  52. (2000). Economic Development and Social Opportunity,
  53. (2003). Eliminating Discriminatory Traditions Against Dalits: The Local Need for International Capacity Building of the Indian Criminal Justice System,
  54. (2005). Flawed Theory and Method
  55. (2005). for Child and Youth Development (NCYD) and The Center for the Protection of Children‟s Rights (CPCR)
  56. for Human Rights (2004), Slavery and Related Practices Report of The Working Group on Slavery,
  57. (2006). For instance, between 2002 and 2005, only 127 Lance Bonneau, Personal Interview,
  58. (2000). Gender Discrimination and Human Rights,
  59. (1991). Girl Child in India,
  60. (1989). Hanson (eds),
  61. Hommes (2005), Kids As Commodities? Child Trafficking and What To Do About It, Terre des Hommes Foundation,
  62. (2000). Human Rights and Human Development,” Thailand Country Study UNDP,
  63. (2001). Human Rights and Human Development: Thailand Country Study Occasional Paper #35,
  64. (2006). Human Rights and Labor
  65. (1991). Human Rights of the Girl Child”, Girl Child
  66. (2001). Human Security, Paradigm Shift, or Hot Air?
  67. (2006). India Human Rights Report,
  68. (2006). India Human Rights Report, Trafficking in Persons US Department of State, Trafficking In Persons Report
  69. (2002). International Civil Society: Social Movements in World Politics,
  70. (1969). International Convention on the Elimination of All Forms
  71. (1999). International Trafficking of Women to the United States, A Contemporary Manifestation of Slavery and Organized Crime. Centre for Social Research and the Institute of Social Sciences
  72. (2003). Justice in the Risk Society,
  73. (2000). Migrant Trafficking and Human Smuggling
  74. (2000). Migrant Trafficking and Human Smuggling in Poland” in Migrant Trafficking and Human Smuggling
  75. (1984). Morcha vs. Union of India, AIR
  76. (2006). Neela Dabir, Personal Interview,
  77. (1997). On Toleration,
  78. (1999). Organization Convention No.
  79. (2003). Paper, Foundation for Women,
  80. (2000). Party Systems Competition and Political Checks Against Corruption,
  81. (1997). Penal Code Amendment Act of
  82. (2006). Persoanl Interview,
  83. (2006). Personal Interview Mumbai,
  84. (2006). Personal Interview,
  85. Physicians for Human Rights (2004), No Status: Migration, Trafficking and Exploitation of Women
  86. (1999). Pornography and Hate Speech” Moral Issues
  87. (1991). Power and Culture: The Struggle Against Poverty in Thailand,
  88. (1998). Preserving Children‟s Rights: The Challenges of Eradicating Child Sexual Exploitation in Thailand and India,
  89. (2003). Promotion of Gender Equality in Action Against Child Labor and Trafficking,” International Labor Organization,
  90. (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime,
  91. (2001). Ramifications of Harassment of Women,
  92. (2001). Rape and the Indian Penal Code at the Crossroads of the New Millennium: Between Patriarchiast and Gender Neutralist Approach,
  93. (1998). Re-Imagining Political Community,
  94. (2004). Realist Theory and Real Constraints,
  95. (2001). Red Light Area,
  96. (2001). Red Light Area: Social Environment of Sex Workers,,
  97. (2005). Reducing Poverty by Tackling Social Exclusion, A DFID Policy Paper,
  98. (2004). Report of the Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children
  99. (2000). Review of Rape Laws
  100. (2004). Rights Commission (NHRC)
  101. (2006). Rights Commission and the People‟s Vigilance Committee for Human Rights
  102. (2009). Sanja Milivojevic and Sharon Pickering
  103. (2005). Saving The Youngest Workers: The Struggle Against the Southeast Asian Sex Trade,
  104. (2005). Saving the Youngest Workers: The Struggle Against the Southeast Asian Sex Trade”, Harvard International Review,
  105. (2004). Sciences and the National Human Rights Commission
  106. (2004). Secretary General Study on Violence Against Children
  107. (2004). Sexual Slavery and the International Criminal Court,
  108. (1999). Sexuality Injustice” Moral Issues in Global Perspective,
  109. (1998). Slavery and Modernity: Freedom in the Making of Modern Siam” Asian Freedoms,
  110. (2009). Strategies Against Human Trafficking:
  111. (2006). Stringent steps must be taken to safeguard victims and witnesses from United States Department of State,
  112. (2000). Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime,
  113. (2010). Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation, Trafficking
  114. (2004). Thailand Country Reports on Human Rights Practices,
  115. (2005). The Akha Heritage Foundation,
  116. (2000). The Changing Situation of Child Prostitution in Northern Thailand: A Study of Changwat Chiang Rai,
  117. (2000). The conscription of Asian Sex Slaves: Causes and Effects of U.S. Military Sex Colonialism in Thailand and the Call to Expand U.S.
  118. (2002). The Demand Side of Trafficking Parliament of India,
  119. (2002). The Demand Side of Trafficking, Global Alliance Against Traffic of Women (GAATW)
  120. (2002). The Face of Human Trafficking,
  121. (2002). The Great Globalization Debate: An Introduction”, The Global Transformation Reader,
  122. (1997). The Hell of Good Intentions: Some Preliminary Thoughts
  123. (1986). The Immoral Traffic (Prevention) Act,
  124. The Impact of Corruption on the Human Rights Based Approach to Development, The Oslo Governance Center,
  125. (1992). The Kantian Theory of International Law,
  126. (1992). The Kantian Theory of International Law”,
  127. (2005). The Mekong Challenge, The Employment and Protection of Migrant Workers in Thailand: National Laws/Practices versus International Labor Standards,
  128. (2001). The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny, Foreign Affairs,
  129. (2005). The Political, Social and Health Implications of Trafficking of Women and Children in India, Justice and Peace Studies.
  130. (2006). The Politics of Property,
  131. (1996). The Prevention and Suppression of Prostitution Act,
  132. (1997). The Prevention and Suppression of Trafficking in Women and Children Act,
  133. (1986). The process of Value Change and Attitude of Police Officers,
  134. (2008). The Shadow Market in Human Beings: An AntiCorruption Perspective, U.S. Agency for International Development,
  135. The Slaves (2005), Recovering Childhoods,
  136. (2003). The Wages of Impunity (New Delhi: Orient Longman,
  137. (2003). The Wages of Impunity, Orient Longman,
  138. The World Bank (2000) Anticorruption in Transition: A contribution to the Policy debate.
  139. (1998). Toward a Buddhist Social Ethics: The Case of Thailand,
  140. (1998). Toward a Buddhist Social Ethics: The Case of Thailand”in Cross Currents,
  141. (2006). Trafficking and Children At
  142. (2005). Trafficking and Prostitution Reconsidered,
  143. (2002). Trafficking in Human Beings and Organized Crime: A Literature Review, Royal Canadian Mounted Police.
  144. (2002). Trafficking in Persons: A Gender and Rights Perspective,
  145. (1998). Trafficking in Women and Children, Gender Fact Sheet No. 2 United Nations Commission on Human Security
  146. (2009). Trafficking in women and children: myths and realities, (New Delhi: Concept Publishing Company,
  147. (1999). Trafficking in Women,
  148. (1997). Trafficking in Women, Forced Labor and Slavery-Like Practices, Foundation Against Trafficking in Women, (STV) The Netherlands.
  149. (1999). Trafficking in Women,” Women
  150. (2005). Trafficking of Women and Children” A Culture of Silence,
  151. (2000). Trafficking Protocol,
  152. (2003). Understanding Violence Against Women in Southeast Asia: A Group Approach in Social Justice Work”,
  153. (1982). Union of India
  154. (2002). Union of India [1982 (2) S.C.C.] Corruption In India, An Empirical Study- An Overview
  155. (2005). What is the Dalit-Bahujan Emancipation Movement All About, Dalit Freedom Network.
  156. (1998). Women in the New Asia: From Pain to Power,

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