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Normative Aspects of Smuggling of Human Beings and of Reaction to It

NCJ Number
217264
Journal
Revija za Kriminalistiko in Kriminologijo Volume: 57 Issue: 2 Dated: June 2006 Pages: 109-116
Author(s)
Nina Persak L.L.D
Date Published
June 2006
Length
8 pages
Annotation
This article analyzes how the social construction of immigrants has impacted political action against the smuggling of human beings.
Abstract
The problem of the smuggling of human beings is often narrowly viewed as an organized crime problem to be combated by international organizations and the European Union. This perspective obscures the human toll of smuggling--the human suffering, misery, and poverty that are caused by and intertwined with human smuggling. The human consequences of the smuggling of human beings should be the first order of business for countries seeking to intervene in human smuggling. Countries should intervene by developing and passing criminal law statutes that criminalize the harms created by human smuggling. The author contends that not all actors in human smuggling cases are equally blameworthy and deserving of criminal justice intervention just as every state action against human smuggling is not necessarily morally impeccable. Human smuggling is closely intertwined with migration, which has been a point of contention for many modern societies. The media has played a role in demonizing migration and swaying public opinion against immigrants. As a consequence, political action on the issue of migration and, by extension, human smuggling, has been dampened by the social marginalization of immigrants. Aside from being unjust, the author argues that the marginalization of immigrants is counterproductive and criminogenic in itself because it generates social conflicts and intolerance, which can lead to violence. Footnotes, references

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