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

By Ross Michael Pink

Abstract

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

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