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Human Trafficking , Prostitution, and Sexuality

Prepared by

APT
Act to Prevent Trafficking

RESOURCE MATERIAL

Table of Contents

Introduction Donal Dorr Chapter 1. The Psychological Impact on the Trafficked Person Eimear Burke Response by Kathleen Fahy, Director of Ruhama to the paper presented by Eimear Burke Chapter 2. The Legal Quagmire Hilkka Becker The Swedish Initiative Stellan Hermansson Sexuality and Justice Suzanne Mulligan Sexuality and the Good of Human Relationships Suzanne Mulligan A Spirituality of Sexual Intimacy Donal Dorr Notes for Chapters

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Chapter 3.

38

Chapter 4.

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Chapter 5.

53

Chapter 6.

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COPYRIGHT APT September 2010

Introduction

Nowadays, people believe that our society is far more open and liberated than in the pastnot weighed down by old-fashioned and repressive ideas especially in regard to sex. Against that background we sometimes hear people refer in a half-jocose way to prostitution as the oldest profession. This gives a certain respectability to prostitution and implies that these women are engaging freely in a quite normal and reputable transaction of selling sex. Those who speak in this way are taking no account of the reality of prostitution, particularly as it has recently developed. For generations it has been the case that prostitution was controlled, for the most part, not by the women themselves but by tough and unscrupulous people who act as pimps or madams in taking advantage of poor and vulnerable women. For that reason it would be more accurate to say that pimping is one of the oldest professionsexcept that one should not debase the word profession by applying it to this exploitative activity. In very recent times the prostitution scene has changed quite radically and has become far more exploitative. Nowadays the great majority of the women (or children) affected by prostitution in Ireland and in other Western countries are no longer local people. They are women and children from Eastern Europe, Africa, Asia, or Latin America who have been trafficked from their home countries and brought illegally into Western countries. This trafficking has now become one of the most lucrative forms of criminal activity, rivaling the drug trade in terms of both the cruelty that it involves and the vast amounts of money it generates for the traffickers.

Trafficking, Prostitution, and Sexuality

Furthermore, the use of mobile phones means that solicitation no longer has to take place in the open. Many of the trafficked women are now locked into a house or a room and not allowed outdoors at all. Consequently, it has become far more difficult for the police to limit this new form of prostitution or to track down the criminals involved in it. Those who have been trafficked have usually been promised a respectable job and have given up their passports to the traffickers. Having been brought into the country illegally they are afraid to make contact with the police, even if they have the opportunity to do so. Many of them do not speak English. Almost all of them have been severely intimidated and traumatized by the traffickers or by those to whom they have been sold on, and who now effectively own them. They are told that they owe the traffickers huge sums of money to cover the cost of their travel. The message is that the only way they can hope to get free of those who control them is by engaging in prostitution under whatever conditions their owners decide. It cannot be said that the women and children engaged in this modern version of prostitution are acting freely. In effect, it is a new form of slavery. Over the past three or four years various voluntary agencies in Ireland have been engaged in trying to put an end to this criminal activity and in helping those who have been caught up in it. The State, too, under pressure from the voluntary agencies and from a relatively small number of committed politicians and other activists, has taken some important steps towards trying to deal with the traffickers and their victims. There are some things which only the State can dofor instance, enacting laws which are aimed directly at the criminals and allowing a lengthy grace period as a time for recovery and reflection to people who have been trafficked and who are technically illegal immigrants.

Introduction

However, there is much which is still left to the voluntary agencies. There are five particularly important activities to which the members of these nongovernmental organizations devote time and energy and resources: 1. Raising of awareness among the general public of the reality of trafficking and helping to educate peopleparticularly young peopleto a proper understanding of sexuality, rather than the exploitative approach which is promoted through the industries of trafficking and pornography. 2. Lobbying politicians to ensure that effective and human legislation is passed to deal with the whole problem of trafficking. 3. Establishing links and networking with colleagues in the countries from which most of the trafficked people come, with a view to addressing the supply side of the problem. In practice, this means ensuring that the poor and vulnerable people who are most likely to be trafficked are warned of the dangers, helping them to find alternative ways of overcoming poverty and marginalization. It also means encouraging politicians and police to crack down firmly on the traffickers. 4. Making direct contact with those who have been trafficked with the aim of rescuing them and also of documenting the extent of the problem. 5. Offering counseling and other practical help to those who are in the process of escaping from this form of slavery. Four years ago a number of concerned people came together and founded the small organization called Act to Prevent Trafficking, shortened to APT. The members of APT work in cooperation and close partnership with other voluntary agencies. APT focuses particularly on the first three of the above activities, leaving it to Ruhama and other partner agencies to make direct contact with trafficked people. With a view to raising awareness of the issue of trafficking and the problems associated with it, APT recently organized a conference to which politicians and other leaders in society were invited. Those who took part in the conference found it both an enlightening and a deeply moving experience.

Trafficking, Prostitution, and Sexuality

This was due largely to the helpful input from the invited lecturers and from members of the participants, and to the skillful facilitation by Aine Lawlor of RTE who kindly agreed to chair the meeting. Reflecting afterwards on the conference, the members of APT felt that it would be helpful to make available to a wider public, the text of the various talks given at the conference, and to note some key points which emerged in the dialogue which followed. APT believes that this may help more people to come to a better understanding of the evil of trafficking and to reflect on some of the most effective ways in which we can respond to this evil. So, the early chapters of this booklet contain the text of the talks and a note about two important points which came up in the discussion. The later chapters in the booklet give the text of some talks and reflections commissioned by APT for its own members, and which are now being shared with a wider audience. Donal Dorr

The first chapter is the text of the talk given at the conference by Eimear Burke. Eimear is a counselling psychologist who has worked as a counsellor and therapist with a significant number of trafficked women. She draws on this experience to give a vivid and very moving account of the trauma suffered by them and the resulting psychological difficulties they experience.

CHAPTER 1

The Psychological Impact on the Trafficked Person


Eimear Burke
Rather than give a rather dry quantitative presentation on the psychological consequences of trafficking on women I have chosen to talk from my own experience of interviewing women who have been trafficked. What I found is similar to findings in other research carried out on women who have been trafficked and on people who have experienced trauma. I was asked by a service provider to provide psychological reports on these women to provide information for their applications for leave to remain here in Ireland. This was also to reduce the likelihood that these women would have to tell their stories over and over again. I have been given permission by these women to tell their story so long as I do not reveal any identifying information about them. One woman said she wanted to be helpful so that other women are not caught in the same trap. In order to protect the anonymity of these women I have changed all names.

Some background:
This presentation is based on the stories of 6 of the women I interviewed. They come from West and Central Africa and Eastern Europe. They range in age from 23 to 29 years. Most spoke good English. For some there was an interpreter present. I will use the Tree Metaphor in order to provide a picture of the trafficking experience of these women.

Trafficking, Prostitution, and Sexuality

The roots, which are usually hidden and require sensitive and careful exploration, relate to the pre-disposing factors which have left the women vulnerable to trafficking. Poverty Trauma War/violence Bereavement Murder Genocide Rape Each of the women I interviewed endured at least 6 of the above. Although the womens stories are very different, there are common threads among them. Invariably, the women were befriended by someone, either they knew or a stranger who promised them a better life elsewhere. They arranged their documents, false ID, visa and airfare, saying that the women could pay them back later. Some women paid up to 5000 for this. Some women were trafficked directly into Ireland from their country of origin while others were trafficked into other European countries and eventually fled to Ireland for asylum. The tree trunk relates to the methods used by the traffickers to control and force the women in to prostitution. Rape Beating Starvation - One woman got fed every 2 or 3 days. For another woman the only food she got to eat was what the clients brought with them to the brothel. Physical exhaustion Deception Isolation Death threats Lack of extended family Forced migration Poor support systems Lack of education Child sexual abuse Orphaned

Torture - psychological not knowing when it was going to happen again Bewitchment Drugs Alcohol Relocating

The Psychological Impact on the Trafficked Person

Removal of personal documents and identification Imprisonment Threats of deportation The traffickers use very brutal and manipulative methods to exert control over the women. The initial process is such that it serves to break the woman down both psychologically and physically. It often involves weeks or months of travelling on foot, by bus, truck, car, train or boat. The women are not told anything about their destination. They are forced to have sex with their traffickers, which for some resulted in pregnancy. By the time they arrive at their destination they are exhausted, confused, demoralised and disempowered. One woman described her horror when she realised she had been sold into prostitution. When she tried to refuse, the other women in the brothel suggested she do as she was told as there was no point in refusing. This woman was threatened by her traffickers that something horrible would happen to her and that no one would find her. Other women were threatened that their family members at home would be killed. A number of them were told that they had to work in prostitution in order to pay back the money it cost to get them to Ireland. One woman was told she had to repay 50,000. These methods serve to break the woman down, her personal autonomy is violated. The woman learns to accept anything. I was stressed all the time and horrified at what was going on all around me. Feelings were hunting me all the time I felt my life was in danger. I thought the best thing for me was to do what they wanted so it wouldnt get worse. The tree branches relate to the feelings and presenting psychological symptoms of the women. When the women come to me for their interview, I usually go out to greet them. My office is at the back of my house and I get an opportunity to observe them as we are walking to my office. All of them appeared very anxious, looking over their shoulder in a hypervigilent manner. A number of them were very jumpy and startled easily at the slightest noise. This is in Taking their clothes

Trafficking, Prostitution, and Sexuality

sharp contrast to my usual clients who although they might feel a bit nervous on coming for the first time, are able to look around the garden and make some comment about it. The approach I use with the women is to acknowledge their fear and their difficulty in telling their story. I explain that I need to hear their story in order to provide a report. I work from the attitude of believing these women and showing compassion. An approach I use with all of my clients. This allows space for me to spot any inconsistencies in their stories.

Feelings
Lack of trust - I dont think I can trust anyone. Anyone Ive trusted except Elizabeth has turned me down. My mother abandoned me when I needed her. I cannot trust my father. Anger or irritability one woman describes how she is given to extreme outbursts of anger and how she turns it on herself. Sometimes she cuts herself and at others she hits her head with her fists. Sadness I am very tense I feel flooded by feelings I used to have in I feel overwhelmed by sadness Im nervous. I dont have very nice memories a lot of bad memories. Fear Im scared people from have my details. Im nervous all the time. Im scared that someone from my past will find me. Insecurity - I travelled here in trucks, living in other peoples houses I come to my destination but still Im unhappy Im scared theyll send me back. Shame I feel ashamed because I was on the streets. Its dishonourable. I didnt tell anyone about what happened. I didnt want anyone to look at me and know. Guilt I blame myself for leaving my sisters Im angry at myself and at others.

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Confusion I was confused and very scared. I never knew people could do these things Depression one woman gets so low that she doesnt have the energy to go for her counselling although she has a good relationship with her counsellor. Terror In one case the woman described how she sits in her bed at night with the chair against the door terrified that someone might break in. Helplessness I dont have the strength to stop people. I cant defend myself. I need someone to defend me. I just cry all over the place.

Symptoms consistent with Post-Traumatic Stress Disorder


Recurrent nightmares Flashbacks I see war I see them cutting my sister into pieces. I see blood everywhere children are crying people are running everywhere theyve killed my uncle Im scared people dying I dont see Im safe war is in my head. Prof. Ivor Browne, former Professor of Psychiatry in UCD, talks of people who have experienced trauma as freezing at the time of the trauma. In order to cope they shut down emotionally. They do not integrate the experience. The experience is frozen within the person but outside of time. So the person lives the experience again and again as if for the first time. This she experienced in the room with me. Note she is using the present tense. Its as if it was happening to her in the present. She was highly distressed at the time. Recurring and intrusive memories of traumatic events. Intense psychological distress at anything that reminds them of any aspect of the traumatic event - The word that comes into my head is Death. I feel on my own I think I hear her calling me I pray Ill be able to find her. Its very painful that shes not here. What scares me is that I cant contact her I cant hear her on the phone.

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Physiological reaction to anything that resembles the traumatic event I get dizzy when I think about it, everything spinning around. I pray not to see them anywhere. One woman described how she goes into a trance like state where she feels weak, her mouth becomes dry, her hands shake and she finds it difficult to breathe. Attempts to avoid thoughts, feelings or conversations associated with the trauma - I dont want to be on my own to think about that happened. My past is so bad Ive had no childhood. I find it difficult to trust other people. I dont get too deeply involved with them. I want to let it go but nobody will let me. (Referring to the asylum process) I have to keep talking about it. I wish someone would take all of this away from me. Attempts to avoid activities, places or people that trigger and memories of the trauma not watching the news on television, or avoiding people from their country of origin. Inability to recall specific details of the trauma, for example, dates, or event sequences. Diminished interest or participation in significant activities I dont go out I dont feel Id be good company. Feeling detached or estranged from others - I dont want to go out, even to collect my money. I hate anyone to know how I feel. I dont want anyone to see my confused crying. My head is completely full so I stay in my room Limited range of emotions, e.g. inability to have loving feelings. Poor sleep, difficulty falling or staying asleep. Irritability or outbursts of anger. Difficulty concentrating. Hypervigilence. Exaggerated startle response.

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The Psychological Impact on the Trafficked Person

All of the women had suicidal thoughts or had attempted suicide at some point. In my opinion there is a very high risk of suicide if they were to be sent back to their own countries. When asked what they thought might happen if they were to be deported: To ? I would be cut up. I could bear to be shot but not cut up. If they send me back I will kill myself. I wont wait for them to take me, I will be dead. I will better kill myself cos I know Anna will be safe here. I will not go back with her. I will be killed. She will not be safe there. Jonas will kill me. I have rest of mind now. But if it happens again I want to die God should take my life. It will be a death sentence the soldiers who attacked me and my sisters are still there. The file will go back all the information about my parents is still there. I will be locked up at the airport. I will be put in prison I will be killed. I will really kill myself. I dont call it my country anymore. Id rather end up on drugs and kill myself. I dont want to think about my country, not even on the news. Theres nothing there for me. I dont want to think about it at all. I miss my grandmother but thats it. Im too scared to go back. Theyll just find me (referring to her traffickers) Im safe here Ive lost Susan. Im afraid of losing Sophie. In some cases, rape triggers obsessional cleaning and washing. I can stay in the shower for hours scrubbing myself I can clean one place a hundred times. In another case there were obsessive fears about contaminating others through cups and cutlery. There were instances where there was obsessional checking and rechecking of door and window locks.

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When I asked the women how it would be for them if allowed to remain in Ireland: Id be more relaxed as I wouldnt have to think about my country or going back there. Id know my future is secure. I know Id make a good life here. Referring to a course shed like to study, something significant, that I would feel good about it. Id have a quiet life I dont know if I could take another big change in my life. I feel more safe here than anywhere else. I could give my child a future and a life I never had. There is no prostitution here. Im safe in Ireland. All of the women expressed hopes for their futures if granted asylum in Ireland. When speaking of what they envisioned for themselves their faces would light up. Some want to study, for example, nursing, journalism. Others who have never been to school would like to start their education. I would like to comment on the experiences of the women since they came to Ireland. By the time the women get to the Department of Immigration they are so traumatised and terrorised that they are unable to tell their story. Some of the women were warned by their traffickers to lie about their age or country of origin, or the route they took to Ireland. They are often so frightened and confused they cannot speak. The bureaucratic approach which is adversarial and essentially non-believing results in a secondary trauma for these women. A consequence of this is that they shrivel up and freeze. When I was approached to interview these women its because no one had been able to get a clear account from the women about their experiences. Im sorry to say that the treatment some of these women have had from the authorities here is such that it serves to prolong their psychological distress, for example, the manner in which the women are transferred from one hostel to another. One woman was moved to a hostel in another part of the country with only 24 hours notice. That meant that her counselling and art therapy classes stopped, she lost the support of her case worker and her local

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drop-in centre. I feel sad I lost another part of my family and friends. Another woman described how difficult it was for her to trust people. Shed just made one friend in the reception centre and then they were both transferred to different parts of the country. Another woman who has very little English is in a hostel down the country where there is no one who speaks her language. All of her supports are in Dublin but she cannot access them regularly. The very long asylum seeking process results in prolonging the womens sense of insecurity. It does not allow the women an opportunity to move on with their lives. Looking at Maslows Hierarchy of needs, security along with shelter, food and water needs are among the basic needs for a human being to function and develop. No amount of counselling or befriending is going to help these women to heal unless the have a secure base. Then they can begin to make social connections and develop a supportive social network. They are depending on the Irish system to provide this. They need to be treated with respect and compassion. Their stories need to be acknowledged and believed. In a paper by Maercker et al., published this year in the European Psychologist on Chechen refugees it was found that there is a correlation between lack of social acknowledgement of their trauma and PTSD. Other studies have shown that social acknowledgement in traumatised victims has been shown to be a recovery or protective factor for PTSD in former political prisoners and victims of crime. Unfortunately in this country there is a culture of not believing or acknowledging the stories of those who have been abused or traumatised. It took the recent Ryan report to knock us out of our complacency. And still there is a considerable amount of denial about it. I will end with a piece which was commissioned for this presentation. It is by Howard Campbell. When I heard about the plight of trafficked women in Ireland it reminded me of Ann Le Marquand Hartigans short play La Corbire which paints a graphic account of French women trafficked to Jersey for Nazi soldiers entertainment during World War II. The ship transporting them sank. Nearly all were drowned. Their bodies left as food for fish.

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We are trafficked women


By Howard Campbell

Mama, papa, sisters, brothers Sons, daughters threatened, stabbed, shot Pray for us. Truck, walk, fuck Rape, slapping, slavery. Belarussia, Britannia, Bulgaria, Eire, Espaa, Italia, Moldova, Nigeria, Romania, Sahara, Albania, Hellena. Words, pages, chapters, sentences of terror Murder, crushing rape Bullet splintering bone Beaten, battered, bruised minds. Page upon page of waking nightmare No pause, no comma, no fullstop. Who will punctuate our misery with kindness? Let our racing minds rest so our souls can be. Bought, sold over and over and over 2nd, 3rd, 4th, 5th hand slaves We are powerless. You decide which bed tonight We are powerless. You decide which country tomorrow We are powerless. You decide which torture next. Who will cross the road to hold our bruised souls? Who will punctuate our misery with kindness?

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What spirit is in your questions, questions, questions? What spirit is in your office? What spirit is in your forms? What spirit is in your place of bureaucracy? What spirit is in your Justice? Where can we stay? Where can our children play? Who will put a fullstop to our terror? Who will send us back, put us on the truck? Each official stamp, a passport to the bump & lurch of rape, fist & boot. Better we murder ourselves than you send us back to the graveyards which are our homes. You take no pimps fee so show us the profit you make by giving us back to the traders in sex and the stench of rape. Who will punctuate our misery with kindness? Who will put a fullstop to our journey now? Let us lie in this bed Let us stay in this house Let us prepare our food Let us do our work Let us look after our children. Put a fullstop to our journey. Let us write a new book with Your sentences of kindness.

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After Eimears talk, a short response was given by Kathleen Fahy, who was at the time the chief executive of the Ruhama agency. This is what she said.

Response by Kathleen Fahy, Director of Ruhama to the paper presented by Eimear Burke
Thanks to APT for giving me the opportunity to respond today. Im glad that youve chosen to highlight the psychological effects of trafficking. This is an aspect that has not to date received enough attention as our focus in past conferences has understandably been on the legislative frameworks and the need to bring Ireland into compliance with its international obligations. My brief is to respond to Eimears paper today and I have been asked to focus on Ruhamas experience in working with suspected victims of trafficking. Much (indeed all) of what Eimear has said resonates with Ruhamas experience over recent years. Eimear has described well the symptoms of Post Traumatic Stress Disorder which the women we work with display so I wont go into this in depth here other than to confirm that: The anxiety, nervousness, fear, guilt, confusion and depression which she has spoken of are very evident when we meet trafficked victims. The intense psychological distress and the physiological impacts are very real Often they are literally a bundle of nerves when they first come to us

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I think its good that she has gone into this in depth as we do need a clear understanding of the stressful impacts which the trafficking experience has on its victims and how it seeps into every aspect of their lives and can disable their ability to deal with normal everyday situations. For Ruhama the point of understanding their stress patterns and their mental and emotional issues is to be able to offer effective support. We are dealing with women who have been hugely betrayed, whose autonomy and power has been stripped from them, who have lost hope in themselves and in everyone around them. Our challenge is to help them begin to trust again, to get in touch with their emotions, to break out of the shell the protective armour they have surrounded themselves in, following the brutality of their experiences. It is a lot to overcome and the road to recovery is a long and difficult one. Its not easy and yet before our eyes we have again and again watched women move (slowly and hesitantly to be sure) from frightened, anxious individuals towards confidence. Slowly we see their demeanour change, standing a little taller, gradually becoming a little less fearful, a little laughter emerging, a new outlook slowly unfurl. I have often heard colleagues comment on this blossoming taking place before their very eyes. But how is this achieved? Primarily through putting in place a caring environment where they can begin to feel secure, where they are treated with respect and so begin to respect themselves again. Where they experience kindness and acceptance and can begin to trust themselves and others again. Where they can begin to deal with the feelings of shame and anger and loss all emotions competing for attention Eimear quotes one woman as describing feeling dizzy with everything spinning around. These are key steps in the empowerment process.

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By addressing their health needs and referring them for the necessary screening and supports. HIV is a big concern for women trafficked into the sex trade, and invariably we find that until they have assurance around this issue they cannot relax. Secondly by offering a programme of support that focuses their concentration and attention, involves learning, goal setting, planning for the future, . . . acknowledging that there can be a future. We have found that our training and education programmes have great therapeutic value beyond their immediate goals. They provide stimulation, take them out of the depression and anxiety for a period. Post Traumatic Stress Disorder is a response by a normal person to an abnormal situation. Through our programme of supports we try to bring some normality back into their lives. I suppose it can be summarised in the provision of support in a holistic way tailored to individual need nurturing mind, body and spirit. In this way they rebuild some faith in humanity and become open to reintegrating into society again and healing can begin. But Im not trying to paint a rosy picture here. This is an inch by inch step by step process towards reclaiming their personal autonomy. But we have seen enough success to know that with the right supports the human spirit can overcome the most awful adversity. Sadly we have also had enough experience to know that not everyone will achieve that wished for outcome; For many fear remains a constant in their lives Fear of their traffickers and of being recognised on the streets or in the hostels and being caught again. Fear for their familys safety back home. Fear of being deported. I doubt if those fears are ever truly overcome

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The Psychological Impact on the Trafficked Person

Some of our clients end up with psychotic disorders. Some will be on antidepressants for a very long time. We have had a number of clients experiencing suicidal ideation. Needless to say the mental health supports are woefully inadequate. Ruhama is more and more convinced that advocacy for victims of trafficking must include a focus on the need for improved mental health care. The National Action Plan for responding to victims of human trafficking needs to make special arrangements to meet mental health needs of this target group. Eimear has highlighted the need to acknowledge their story and the difficulties they experience in telling it. This is particularly important at an official level. It is hugely important for the abused person to feel believed, that her experience is not being denied. In denying her story we further erode her rights, deny her the justice she deserves. The long investigative process is a reopening of the trauma a reliving of events that she wants to obliterate not dwell on. Instead she endures many re-counting of her story being examined for consistency and accuracy (or inconsistency and inaccuracy). I acknowledge this is a difficult one; there is no avoiding the telling of her story no matter how painful. The reality of what has happened to her must be verified and this also is her right. But that said now that we are developing formal legislative and administrative frameworks for dealing with suspected victims of trafficking perhaps we can agree on a framework which would allow one telling to reduce the stress involved. And in the process we need to be extra vigilant to ensure that we dont jump to conclusions that the person is lying in order to get residency or leave to remain here. Ireland is currently in the process of finalising its national Action Plan for responding to suspected victims of trafficking. Indeed much is now already in place. Over the past two years Ruhama has consistently called attention to the deficits in some elements of the plan.

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Chief among these is the use of Direct Provision hostels as the only accommodation now on offer, even though their unsuitability for this client group has often been highlighted. (The lack of personal space, no place to retreat to, the commotion in the early hours of the morning when others are deported all add to the anxiety and are certainly not conducive to the rest and reflection which we now agree is their right). The dispersal of suspected victims throughout the country and away from their support mechanisms is sometimes detrimental and we do need a more supportive approach to this at official levels. (Much of what Eimear has just told us should demonstrate the need for consistency in support). I am highlighting these two aspects in particular as they have potentially the most significant impact on the psychological welfare of the women we work with. Thank you,

At the conference organized by APT, Eimears talk and Kathleens response were followed by another important talk. This time the speaker was Hilkka Becker, who is a solicitor who works with the Immigrant Council of Ireland. Hilkka spoke about the difficult legal situation in which trafficked people find themselves. The second chapter in this little booklet is the text of her talk.

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CHAPTER 2

The Legal Quagmire


Hilkka Becker

1. Introduction
The Immigrant Council of Ireland (ICI) is an independent, nongovernmental organisation which promotes the rights of migrants and their families by providing information and support, advocacy and strategic litigation. We also conduct policy and campaign work and provide a training service. The ICI prioritises support for migrants who have experienced human rights abuses in this country. Among these most vulnerable migrants, we have established special support for people in the following categories: women who have been trafficked to Ireland for the purposes of sexual exploitation women subjected to sexual exploitation within the sex industry victims of domestic violence unaccompanied minors The ICIs unique position as an Independent Law Centre allows us to use our expertise in the area of Irish immigration law to offer high quality legal advice and representation to migrants who have experienced

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human rights abuses. We can provide support and advice to migrants in relation to their immigration status in Ireland, their immigration related dependency on abusive family members and a range of issues facing victims of trafficking, including liaison with An Garda Sochna. The ICI has long-established, collaborative relationships with organisations providing services to vulnerable migrants, including the Womens Health Project (HSE), Womens Aid, AkiDwA, Ruhama, the Migrant Rights Centre Ireland and Act to Prevent Trafficking (APT). We are also partners in the Dignity Project, an interagency initiative of the Dublin Employment Pact and the ICI working to deliver quality services for victims of sex-trafficking in Ireland together with a number of Irish partners, including the Womens Health Project (HSE), the AHTU, the Sonas Housing Association, and the Garda National Immigration Bureau (GNIB). The ICI welcomes the efforts of the Government set out in its National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland (2009 2012) to develop a fully effective system of supports for victims of trafficking. However, we do have some ongoing concerns regarding the long-term situation of victims of trafficking within the State, the risk that they might not be adequately protected against being prosecuted for offences committed by them in the context of their own trafficking, and we are concerned that the provisions in relation to the compensation of victims of trafficking may not be adequate and in line with the requirements of the relevant provisions in international law.

2. Residency
When looking at the issue of residency for victims of trafficking in Ireland, it is necessary to distinguish between permits that may be ultimately granted for the purpose of the victim assisting the Garda or other relevant authorities in relation to an investigation or prosecution arising in relation to the trafficking and permits that may be granted to a victim of trafficking on the basis of their protection or humanitarian needs.

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2.1 Recovery and reflection permits In accordance with Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking first introduced in June 2008, a recovery and reflection permit shall be granted to a person who has been identified by An Garda Sochna not below the rank of Superintendent in the Garda National Immigration Bureau (GNIB) as a suspected victim of human trafficking. In practice, these permits are granted after many lengthy informal interviews with members of An Garda Sochna and on occasion, victims of trafficking had already progressed to giving full and detailed witness statements by the time they were granted a recovery and reflection permit. While the ICI acknowledges that there may be a pressing need to gather evidence in certain cases, it is of serious concern to us that in practice, victims of trafficking often do not seem to get the breathing space allowing them to recover, escape the influence of the alleged perpetrators of trafficking and to make an informed decision as to whether to assist the Garda or other relevant authorities. During the recovery and reflection period, victims of trafficking will merely be granted a Stamp 3 residence permit, which will be valid for 60 days and can be terminated, and they are not entitled to access the labour market or social welfare payments outside the system provided through the Reception and Integration Agency (RIA). In light of the limited rights granted to victims of trafficking during this period, we would encourage the GNIB and the Department of Justice, Equality and Law Reform to take a more liberal approach to the granting of such permits. We have raised our concerns at the High Level Working Groups which the ICI is attending along with other stakeholders, including the AntiHuman Trafficking Unit (AHTU) and the GNIB and hope that the good relationships developed through the cooperation of Government and NGOs in this area, will lead to the improvement of the situation in line with international best practice.

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2.2 Temporary residence permits In line with the Administrative Immigration Arrangements, a 6-month temporary residence permit on Stamp 4 conditions, allowing access to the labour market, vocational training, education as well as to the social welfare system, will be granted only where the Minister is satisfied that the person has severed all relations with the alleged perpetrators of the trafficking and it is necessary for the purpose of allowing the suspected victim to continue to assist An Garda Sochna or other relevant authorities in relation to an investigation or prosecution arising in relation to the trafficking. The ICI has previously expressed its concerns that the current system fails to provide an avenue to residence on humanitarian grounds unless a victim has been issued with a notification of the Ministers intention to deport her. We would like to take this opportunity to repeat our call for an amendment of the Immigration, Residence and Protection Bill 2008 to allow the Minister to grant a renewable residence permit in circumstances where it is unreasonable to compel a victim of trafficking to leave Ireland. Matters that should be considered include the victims safety, state of health, family situation and other factors relating to the victims humanitarian or medical needs. Furthermore, the Bill should be amended further to allow the Minister to grant a renewable residence permit to child victims of trafficking in order to protect the childs best interest and to allow for the renewal of same.

2.3 Longer term residence permits The process under which a victim of trafficking can currently apply for permission to remain in the State on humanitarian grounds, i.e. Section 3 of the Immigration Act 1999 as amended. However, this provision is set to be abolished with the coming into force of the Immigration, Residence and Protection Act which is foreseen for 2010.

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The Legal Quagmire

If the new legislation is enacted as now drafted, the only avenue that would remain open would be a protection application. However, as the Refugee Convention is forward looking and the Immigration, Residence and Protection Bill 2008 specifies that the Minister shall not be obliged to take into account factors in the case that do not relate to reasons for the applicants departure from his or her country of origin or that have arisen since that departure, when considering whether compelling reasons exist to grant permission to remain in the State, the protection route will not provide adequate protection for many victims of trafficking. We do hope of course that the Government will follow the Concluding Observations of the UN Human Rights Committee resulting from its examination of Irelands compliance with the International Convention on Civil and Political Rights (ICCPR) in July last year: While the Committee takes note of the positive measures adopted concerning trafficking in human beings, such as the establishment of an Anti-Human Trafficking Unit and the provision of training to border guards, immigration officers, and trainees in these fields, the Committee is concerned about the lack of recognition of the rights and interests of trafficking victims. It is particularly concerned about lesser protection for victims not willing to cooperate with authorities under the criminal law (human trafficking) bill 2007. (arts. 3, 8, 24, 26). The State party should continue to reinforce its measures to combat trafficking of human beings, in particular by reducing the demand for trafficking. It should also ensure the protection and rehabilitation of victims of trafficking. Moreover, the State party should ensure that permission to remain in the State party is not dependent on the cooperation of victims in the prosecution of alleged traffickers. The State party is also invited to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 2.4 Applications for international protection Applications for refugee status under the Refugee Act 1996 (as amended) or for subsidiary protection pursuant to the European Communities

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Trafficking, Prostitution, and Sexuality

(Eligibility for Protection) Regulations 2006 are a viable option to obtain long-term safety for victims of trafficking. However, the criteria that are to be met in order to qualify for international protection are very strict and are applied in a forward-looking way. In relation to an application for refugee status, the questions to be asked are whether the victim of trafficking concerned has a well-founded fear of future persecution based on a convention ground, in this case her membership of a particular social group, and whether the State of her country of origin or former habitual residence is unable or unwilling to protect her. The biggest challenge that victims of trafficking are faced with when trying to meet the refugee definition is the question of availability of State protection. Unfortunately, many victims are being refused on the basis that: State protection albeit imperfect would be available to the applicant if she were to be returned to Nigeria. The opinions cited in the relevant report as to the availability of protection for victims of trafficking are relatively cohesive. It does not seem to me that there is a conflict of any significance as to the availability of protection; rather, different opinions are expressed as to the quality and duration of the protection that is available to victims of trafficking. In my judgment, therefore, it was open for the Tribunal Member to reach the conclusion that he did based on the information that was before him, and he did so with due regard to natural and constitutional justice. 1 In some cases, appeals against recommendations of the Office of the Refugee Applications Commissioner (ORAC) to the Refugee Appeals Tribunal (RAT) have been successful and determination by the ORAC were set aside. Generally, these cases have involved very young and vulnerable persons, for example in a case where the Tribunal Member held that internal relocation in Nigeria was not a viable alternative:

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The Legal Quagmire

The internal relocation theory is one that must be reasonable in all the circumstances and I do not accept that it would be reasonable in the applicants case. The applicant is a single mother, alone, with no family ties and no visible means of support. Her family have never been any support to her in her life. () it would be unduly harsh to expect [the Appellant] to relocate given the importance of family ties and social networks in Nigeria. I further find that it would be unduly harsh given the past experiences of the applicant. In another case, involving a minor appellant from Nigeria, the Tribunal held that: While the State does offer protection to victims of trafficking, the applicants position is distinguished by the fact that it was family members who trafficked her, and considering the fact that the applicants father appears to have an extensive network of connections within Nigeria, the Tribunal therefore cannot be sure that the State could protect the Applicant were she to return. The above cases certainly give some scope in relation to applications for international protection from victims of human trafficking and I would argue that despite the less hopeful judgments coming from the High Court so far, victims of trafficking still have a chance of succeeding with their applications for protection, particularly where they belong to particularly vulnerable categories of persons. And it is certainly positive that human trafficking has, in principle, been accepted as a ground for granting refugee status. However, it is important to bear in mind that many victims of trafficking will not qualify for refugee status and that other avenues, allowing victims of trafficking to obtain long-term security in relation to their immigration status, for example by way of introducing a residence permit granted to victims of trafficking on the basis of their safety needs, state of health, family situation and other factors relating to their humanitarian or medical needs, must be established.

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3. Risk of prosecution
The Immigrant Council of Ireland is concerned that currently, victims of trafficking in Ireland are not adequately protected against being prosecuted for offences which they committed as a direct consequence of their situation as trafficked persons, or where they were compelled to commit such unlawful acts. The majority of immigration related offences are contained in the Immigration Act 2003 and the Immigration Act 2004 and the failure to comply with a duty prescribed by either act generally triggers the commission of a criminal offence under the relevant act. A person guilty of an offence is liable on summary conviction to a fine not exceeding 3,000 or to imprisonment for a term not exceeding 12 months or both.2 However, victims of trafficking for the purpose of sexual exploitation could also find themselves being charged with breaches of the Employment Permit Acts 2003 and 2006 as well as with prostitution related offences. Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings obliges Member States to provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so.3 So far, the Government has failed to transpose this provision into the Criminal Law (Human Trafficking) Act 2008 by way of a nonprosecution clause. And while we recognise the commitment in the National Action Plan to Prevent and Combat Trafficking of Human Beings 2009 2012 to ensure that a person who is a suspected victim of an offence under the Criminal Law (Human Trafficking) Act 2008 shall not be prosecuted for entry into, or presence in the State for carrying out labour or sexual acts where those acts were a consequence of the trafficking of that person, we would suggest that as a minimum, the DPP should issue publicly accessible guidelines on non-prosecution of victims of trafficking similar to those issued by the Crown Prosecution Service (CPS) in the UK.

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The Legal Quagmire

Where investigating officers in the UK have reason to believe that the person has been trafficked, prosecutors must consider whether the public interest is best served in continuing the prosecution in respect of the immigration offence. According to the CPS guidelines, the following factors are relevant when deciding where the public interest lies: is the person a credible trafficked victim; the role that the suspect has in the immigration offence; was the immigration offence a direct consequence of their trafficked situation; violence, threats or coercion used on the trafficked victim to procure the commission of the offence; was the victim vulnerable or put in considerable fear.

And, where information has come to light from other sources that a suspect might be the victim of trafficking, for example from a Non-Government Organisation (NGO), the prosecutor should: contact the police officer or immigration officer investigating the immigration offences; ask the investigating officer to make enquiries and obtain information in connection with the claim that the suspect has been trafficked (this should be done by contacting the UK Human Trafficking Centre (UKHTC)4 ; re-review the immigration case in light of any fresh information or evidence; if new evidence obtained supports the claim that the suspect has been trafficked and committed the immigration offences whilst they were coerced, give consideration to discontinuing the prosecution. Where there is clear evidence that the defendant has a credible defence of duress, the case should be discontinued on evidential grounds.

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It is of grave concern to the Immigrant Council of Ireland that victims of trafficking may be reprimanded by members of An Garda Sochna, for offences committed, particularly where they have not yet been identified as victims of trafficking. One concrete example of one of our clients contact with the Garda involved a situation where she, having previously escaped her traffickers, was apprehended in a shopping centre by one of them. A fracas ensued and the Garda were called on request by our client, herself and the trafficker were taken to the Garda Station where they were questioned and then released. However, some weeks later, our client received a request to attend at the relevant Garda Station to be cautioned in relation to Public Order Offences. Furthermore, we are worried that victims of trafficking may feel compelled to give exhaustive information about their experience of trafficking and potentially about any offences committed by them in that context, in advance of having had the benefit of legal advice, particularly in a situation where the services of the Legal Aid Boards dedicated service for victims of trafficking will only be offered upon referral from the Garda National Immigration Bureau following their assessment of the persons status as a potential victim. The only way in which non-prosecution can be guaranteed at present, is through a letter from the Director of Public Prosecutions (DPP) giving immunity in relation to specific offences. This was done in the recent case of two women allegedly trafficked into Ireland who were granted immunity from prosecution, having agreed to give full statements about how they came to Ireland and the work in which they were engaged in a criminal trial against a Carlow man and his daughter who are living in Wales.5 However, in order to obtain such letter, it is necessary to list every single offence that the person concerned is afraid of being prosecuted for, including all immigration, employment and public order related offences. In our view this is far too uncertain to guarantee adequate protection of victims of this most heinous crime.

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The Legal Quagmire

It is important to note from the recent judgment of the Court of Appeal of England and Wales in the case of Regina v. O, decided on 2nd September 2008, that: prosecutors must be aware of the protocols which, although not in the text books are enshrined in their Code,6 defence lawyers must respond by making enquiries, if there is before them credible material showing that they have a client who might have been the victim of trafficking, especially a young client, and where there is doubt about the age of a defendant who is a possible victim of trafficking, proper inquiries must be made. The judgment confirms the duty of prosecutors to make full and proper enquiries in criminal prosecutions involving individuals who may be victims of trafficking and to be proactive in establishing if a suspect is a potential victim of trafficking.

4. Lack of compensation
Article 15 of the Council of Europe Convention on Action against Trafficking in Human Beings requires national legal provisions for the right of victims to compensation from the perpetrators. In accordance with Article 15(4), each Party shall adopt such legislative or other measures as may be necessary to guarantee compensation for victims in accordance with the conditions under its internal law, for instance through the establishment of a fund for victim compensation or measures or programmes aimed at social assistance and social integration of victims, which could be funded by the assets resulting from the application of measures against the perpetrators such as monetary sanctions and the confiscation of assets. The compensation victims of trafficking are entitled to is pecuniary and covers both material injury, for example the cost of medical treatment, and non-material damage for the suffering experienced.

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Trafficking, Prostitution, and Sexuality

Ordinarily, victims right to compensation consists in a claim against the perpetrators of the trafficking - it is and it should be the traffickers who bear the burden of compensating the victims. And if, in proceedings against traffickers, the criminal courts are not empowered to determine civil liability towards the victims, it must be possible for the victims to submit their claims to civil courts with jurisdiction in the matter and powers to award damages with interest. However, even though it is the trafficker who is liable to compensate the victim, by order of a civil court or - in some countries - a criminal court, or under a judicial or extra-judicial transaction between the victim and the trafficker, in practice there is rarely full compensation whether because the trafficker has not been found, has disappeared or has declared himself bankrupt. Article 15 of the Council of Europe Convention therefore requires that Parties take steps to guarantee compensation of victims. The means of guaranteeing compensation are left to the Parties, which are responsible for establishing the legal basis of compensation, the administrative framework and the operational arrangements for compensation schemes. In this regard, Article 15(4) suggests setting up a compensation fund or introducing measures or programmes for social assistance to and social integration of victims that could be funded by assets of criminal origin. In deciding the compensation arrangements, Parties may use as a model the principles contained in the European Convention on the Compensation of Victims of Violent Crimes, which is concerned with European-level harmonisation of the guiding principles on compensating victims of violent crime and with giving them binding force. Moreover, EU Member States must also have regard to the Council Directive of 29 April 2004 on compensation of crime victims. The ICI is most concerned that the only avenues for victims of trafficking being granted compensation in Ireland seems to be through the awarding of compensation by a civil court or a court of criminal law, pursuant to the provisions of the Criminal Justice Act 1993, or through the Criminal Injuries Compensation Tribunal. As the Tribunal only covers out of pocket expenses

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The Legal Quagmire

and does not compensate for pain and suffering, the provisions clearly fall short of the level of compensation required by the Council of Europe Convention, at least in situations where the perpetrator cannot be found or has been declared bankrupt. It is of course important not to forget that victims of trafficking may potentially also be able to pursue a claim against a trafficker through employment legislation. However, this can only be done in so far as national law recognises the activity of the person as legal employment. Access to such compensation will therefore depend on a persons immigration status, the basis and nature of the employment contract, and whether the work is legal something that is unlikely in the case of persons who have been trafficked for the purpose of sexual exploitation. A report from the OSCE, published in May 2008,7 found that for the trafficked person to actively participate in legal proceedings including giving oral and documentary evidence in relation to the wrongdoing and the damages and losses they have suffered can be an intimidating experience, and that free legal assistance and representation is necessary to improve the individuals chances of successfully navigating the procedures and receiving an award. According to the report, (H)aving to prove damage by evidence of past and ongoing victimisation, and the titles and definitions of some of the damages categories such as loss of dignity can have a re-traumatising effect on the trafficked person. Recommendations from the OSCE, which we would like to echo, therefore include: establishment of quick, streamlined and accessible procedures with an independent appeal process provision of legal advice and representation in relation to compensation claims examination of the relative merits of establishing a scheme specifically for trafficked persons, ensuring that the criminal assets seized from traffickers contribute to fund it.

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Trafficking, Prostitution, and Sexuality

5. Conclusion
There obviously is still a lot to do to ensure that Ireland has legislative and administrative structures to address the heinous crime of human trafficking and to fully ensure the protection of the human rights of victims of trafficking. However, the very significant progress made in this area, particularly since the establishment of the Anti-Human Trafficking Unit and the High Level Working Groups, involving the GNIB, the Department of Justice, Equality and Law Reform, the HSE and a variety of NGOs, including Ruhama and the Migrants Rights Centre Ireland, as well as through the work of organisations like Act to Prevent Trafficking (APT) must be acknowledged and give me and my colleagues in the ICI great hope for the future.

After the above input, the floor was thrown open to the audience for questions and comments. Two particularly important points were raised. Firstly, it was pointed out that there is a close connection between the prostitution of trafficked women and the whole pornography industry. Both involve the exploitation of women. It was suggested that participants in the conference might wish to join with those who are working to expose and tackle this form of exploitation. Secondly, it was suggested that by way of a practical action following on from the conference, participants might join in the campaign to tackle the demand side of prostitution by canvassing support for the adoption in Ireland of the Swedish approach. We, the members of APT having worked in various ways over the past four years to prevent trafficking, have come to one definite conclusion about one of the most effective ways of responding to the problem. We have become convinced that, if

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The Legal Quagmire

our society is to put an end to the heinous crime of trafficking, what is called the demand side of the problem must be addressed. In other words, it is essential that our laws be changed, making illegal not the action of the women in providing sex but rather the action of the people (almost invariably men) who come to them looking for sex. In seeking this major change in our laws we are encouraged by the experience of societies which have already made this change. The new approach was adopted in Sweden more than ten years ago and the result has been a very notable drop in the number of women trafficked into that country. In Sweden selling sex is not a crime but the buying of sex is. Buyers face fines and up to six months in prison. The fines are related to the daily pay rate of the offender. Norway and Iceland have recently followed the example of Sweden. Britain has now taken a big step in the same direction. The UK law operates under the principle of strict liability. This means that the courts do not allow as a valid defence a claim by a client that he did not know that the woman had been trafficked. Ignorance of the fact is not an excuse. Irish law does not accept this principle of strict liability (as was shown in the C case). So a defendant may escape punishment by pleading that he did not know that the woman had been trafficked. For this reason, if the problem of demand is to be addressed in Irish Law, the Swedish model is the most appropriate one for us to follow. The organizers of the APT conference felt it would be helpful for the audience to hear something of the Swedish experience. So they invited Stellan Hermansson to speak on this topic. Stellan is himself from Sweden and at present works with ICTU (the Irish Congress of Trade Unions). Stellan spoke in a private capacity, not as an ICTU representative. This third chapter gives the text of his talk.

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CHAPTER 3

The Swedish Initiative


Stellan Hermansson

Thanks for inviting me to this seminar. I am a Swedish citizen who lives here in Dublin and everything I say here are my personal views. I do not represent any organisation at this seminar. I am neither an expert on the issue of human trafficking, nor on the main themes of the psychological and the Irish legal issues. So why am I here? I think I was invited to this seminar by APT because I made some comments from the floor at an earlier seminar on trafficking and prostitution organised by the Immigrants Council of Ireland, where I described the successful campaign in Sweden for the legislation to criminalize the buying of sex that was adopted ten years ago. In Sweden today it is illegal to buy sex, but it is not illegal to engage in prostitution. I became involved in the campaign for this legislation since the political party of which I am a member took up this position in 1987. Perhaps I can be identified as representing progressive men in Sweden who were and are engaged in the work against trafficking and prostitution in Sweden - but from an understanding that the main problem concerning trafficking and prostitution are not the women who are prostituted, nor even the traffickers. The main problem as we see it; is the men demanding to buy sex. Men that buy sex believe that they have the right to buy sex from women, without questioning why these women are selling sex or under what conditions these women are forced to live. These men and their demand is the main problem.

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The Swedish Initiative

Listening to Eimear Burkes presentation was very interesting, but also very painful. It is painful to hear of the horrifying experiences of these young women coming from Eastern Europe and the Global South. They have been forced into prostitution for many different reasons but poverty is one of the main reasons. Most of these women were promised something else when they agreed to be brought, trafficked, to Ireland or other western countries. To save and protect these women when they have succeeded to escape or get away from the criminal traffickers is of utmost importance and in Hilkka Beckers introduction we heard that the Anti Human Trafficking Unit together with other authorities and NGOs in Ireland are developing their work on this issue. Hilkka also gave examples on how this work can further develop in the future. The criminal networks and pimps who are organising the trafficking of women must be exposed, prosecuted and severely punished for their crimes against these women . But they are still not the main reason for the existence of trafficking and this modern kind of slavery. The main reason is mens demand. Therefore we also have to act against the demand. We have to influence and change this male behaviour. We have to establish new and better norms in society norms that says no to trafficking and respect all womens right to a decent life. And let me make it clear, I am not saying this from a moralistic perspective. I am talking from a gender equality perspective. To work for gender equality means to challenge patriarchal power structures, or in other words; to try to change a world that has been dominated, ruled and defined by men for thousands of years. For me, gender equality is one of the main goals in the ongoing struggle to create a better world. One reason why the Nordic welfare societies have achieved some degree of success in creating more socially equal societies is because one of the main objectives is to promote gender equality: This has been achieved in the following ways: By ongoing research and debates on gender roles and how we can change them, By guaranteeing free or highly subsidised professional standard child care,

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Trafficking, Prostitution, and Sexuality

By ensuring shared parental leave, and initiatives to encourage men also to use their right to paternal leave. By quotas to ensure 50% women in the boards of several main political parties and various organisations. Thanks to gender quotas in Sweden 47% of the members of the national parliament today are women, which in itself contribute to more gender equality decisions. Gender equality is not only needed to ensure womens rights in the society. It is needed to create a better society for everyone. It is in this context that I see the question of trafficking and prostitution. The existence of prostitution is one of the clearest examples of a patriarchal and oppressive class society: It is patriarchal because it is built on the idea that it should be a mans right to buy sex whenever he thinks he needs it. It is obviously oppressive; Eimear Burkes presentation here and many other scientific studies make that very clear. It is also an example of a class society. Most men, but not all, who buy sex have a high income and an important social position in society, while most of the women who engage in prostitution are people who grow up in poverty and under difficult social circumstances. Action needed: It is important to support the victims of trafficking and prostitution. It is also important to develop strategies and actions to stop trafficking and punish the organised crime that is behind it. But the most important thing is to create a new norm in society that says that it is not ok to buy sex. Not from a moralistic point of view, but from a principle which is based on equality and solidarity. The Swedish legislation that criminalises the buying of sex is societys way to say that there is a new norm now. It is wrong to buy sex because it contributes to making society unequal and oppressive. The main objective is not to punish men who buy sex, but by law define a norm that promotes gender equality and global solidarity.

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The Swedish Initiative

And it works the popular support for this law has increased all through the ten years since it was adopted. It has today the majority support of both genders and all age groups of society. It is also interesting to note that sex trafficking to Sweden is very low compared to our neighbouring countries Denmark and Finland, where there is no legislation against the buying of sex. For many years Sweden was the only country in the world with this kind of legislation. But the good news is that Norway and Iceland recently also have adopted similar legislation, and I am sure that more countries will follow the same way. When we campaigned for this law some people, usually men were and some still are very provoked. They usually say that this is a business deal between two adults and society should not interfere in that. Our answer is that it is not a deal between equals. They also said that prostitution is the oldest profession in the world. We argued that the length of oppression does not give it validity. And we added; in fact the oldest profession in the world is not prostitution but midwifery. It is normal that some people were provoked because we challenged thousands of years of patriarchal power structures and patriarchal understandings of life. To challenge power structures will always be provocative. Throughout history it has been the same: It was very provocative to question slavery. It was very provocative to question colonialism. It was very provocative to raise the demand for political democracy, especially womens right to vote. So in the end, this issue is about what kind of society we want to live in. For me that is the first question to be answered. And my personal answer to that question is that I want to live in a society which is based on the principles of equality and solidarity.

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One of the more important activities in which some of the members of APT are engaged is giving talks to, and engaging in dialogue with, a wide variety of groups on the whole issue of trafficking. They have given input to senior students in up to sixty second-level schools. They have also responded to invitations to speak and dialogue with various community groups, parish groups, womens organizations, and deanery gatherings of priests. Reflecting on this experience, we the members of APT have come to the conclusion that in these talks and dialogues it is best not just to focus exclusively on the harsh practical reality of trafficking. We believe that it is important to situate the information we have to give about trafficking within the context of an authentic understanding of sexuality in general. This is particularly important when interacting with young people, who are influenced by a culture which often treats sex as a recreational activity. In practice, such an inadequate approach to sex can easily degenerate into an exploitative attitude which is seriously damaging for those who adopt it and for the wider community. As members of APT we have felt the need to update ourselves on recent developments in the theology of sexuality. Our aim has been to enhance our own understanding of sexuality, and also to feel at ease in presenting this enriched understanding to others. Consequently, we invited Dr Suzanne Mulligan to take

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The Swedish Initiative

part in two of our regular monthly meetings and to give input and to engage in dialogue with APT members on the new thinking on this topic. Dr Mulligan is a Lecturer in Moral Theology in the Milltown institute of Theology and Philosophy and she also teaches in other third-level colleges. We found her two talks so enlightening that we believe it will be a service to society to make the text of them available to a wider audience. Dr Mulligan has kindly agreed to allow them to be included in this booklet. The first of Suzannes talks was entitled: Sexuality and Justice. Drawing on, and enlarging on, the work of the theologian and pastor Kevin Kelly, she pointed out how the sex trade is underpinned by an unjust double-standard morality. Much of society turns a blind eye to the behaviour of men who buy sex. But, on the other hand, women who sell sex are not only seen as bad but are criminalized and harassed by police and judges. It is important for Christians and for the official Church to challenge the exploitation of women and the injustice of this double-standard morality. There is urgent need for a more rounded and richer spirituality of sexone which focuses less on the sexual act itself and more on the quality and equality of the relationship between the persons who engage in sexual activity, and on the whole web of relationships within the wider human community. The fourth chapter of this little booklet contains the text of Suzannes first talk:

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CHAPTER 4

Sexuality and Justice


Suzanne Mulligan
Traditionally, Catholic sexual ethics has tended to focus on a select number of issues such as marriage, homosexuality, artificial contraception, and abortion. There is no shortage of theological and ethical material on these matters. Indeed, it is fair to say that they and perhaps one or two other concerns still dominate Catholic sexual discourse. They are, of course, important questions that deserve serious theological consideration, but it is noticeable that theological debate sometimes fails to move beyond these concerns. Take for example the HIV pandemic. One finds ample material dealing with the ethics of condom use while other dimensions of the problematic generate less attention. I think particularly of the social, economic and cultural injustices that fuel the pandemic, and of the many moral challenges that they pose for us as a global community. These matters have, thankfully, been critiqued by a number of Catholic moral theologians in recent years1, but despite this it seems that a disproportionate amount of time is still given to the question of condom use. As regards sexual ethics more generally, there are obvious lacunae that deserve greater analysis. One might think of the trafficking of women and children for the sex industry, of rape and sexual violence, or indeed of female genital mutilation, and wonder why Catholic sexual ethics has failed to respond as strongly to these questions as it has to homosexuality or contraception. I use the label justice issues in sexual ethics to refer to matters such as trafficking, HIV/AIDS, rape, and female genital mutilation. That is not to say that the idea of justice is irrelevant to debates about homosexuality or artificial contraception. Indeed, justice ought to govern all our relationships, sexual or otherwise, and there ought to be an obvious justice dimension to

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Sexuality and Justice

all sexual discourse. But it is also true to say that injustice is a driving force behind many of the sexual problems we now face in the world, and that is most clearly evident in relation to the HIV/AIDS pandemic, human trafficking and so on. For that reason, we take the concept of justice as a starting point for dialogue about sexual morality. But it only provides a starting point. Justice cannot capture all that is required of us in our sexual relationships; it is the minimum that is expected. And human relationship ought to be about more than the minimum; it ought to be about human flourishing and happiness. That said, one could argue that without just relationships we cannot speak meaningfully about human flourishing at all. And it is certainly true that if justice is absent from our sexual lives then we fall seriously short of a healthy and life-affirming sexuality. I mentioned that a number of Catholic moral theologians have broadened the theological debate on sexuality. As a result problems such as gender discrimination, sexual exploitation, and the many injustices associated with HIV/AIDS and human trafficking are gradually becoming a more obvious part of Catholic ethical discourse. Their work is helping to draw attention to the ways in which injustice, in its many guises, contributes to the sexual vulnerability of people. This paper will consider some of the injustices that facilitate the human trafficking industry. There are, as I understand it, a number of key issues that place women and girls at risk of being trafficked; poverty is perhaps the major driving force here; the social disruption caused by war and conflict can add to a persons vulnerability; gender stereotypes, particularly those that discriminate against women, are another factor; and the ways in which sexual violence more generally place women at risk must be considered. In other words, the sex industry and human trafficking cannot be understood apart from the many forms of injustice that reinforce these industries. So how might Catholic sexual ethics respond to human trafficking? First, it must be an ethic that is person-centred. Second, it must be an ethic that incorporates fully the female voice. Unless the lived experiences of women are heard, Catholic sexual ethics will fail many women around the world. And third, it must be a sexual ethic that includes a realistic understanding of the ways in which poverty affects peoples sexual choices. These are all

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themes discussed by Kevin Kelly in his book New Directions in Sexual Ethics. I will offer a critique of Kellys work here and examine how it might assist us in our efforts to respond to the ethical challenge of human trafficking.

Kevin Kellys contribution


In New Directions in Sexual Ethics2 Kelly argues that a new approach to sexual ethics is needed, one based on justice and equality. The backdrop for much of the book is the AIDS pandemic, with particular reference to the epidemic in the Developing World. Nevertheless, many of the injustices identified by Kelly are relevant to the problem of human trafficking. So although extracts below refer to the specific issue of HIV/AIDS, it is hoped that the relevance of Kellys argument to our topic will be clear. Like human trafficking, the HIV/AIDS pandemic cannot be adequately understood apart from social and economic injustice. Kelly believes that that when the [AIDS] pandemic is subjected to social analysis, it becomes clear that some of the more fundamental underlying causes for its rapid spread are to be found in the sinful structures which undergird the global life of our human family. One of these is structural poverty within which many developing countries are imprisoned . . . The other is the implicit denial of the full and equal dignity of women which can render dysfunctional so many dimensions of social, cultural and family life.3 Poverty and few economic opportunities force many women and girls to adopt lifestyles that place them at increased risk of STD infection. Furthermore, poverty increases womens dependence on men for financial and social support. That often reduces a womans bargaining power when it comes to matters of sex, food allocation, and access to education. A womans social and economic insecurity can lead to many forms exploitation, including sexual exploitation. Insecurity can be the cause of a woman becoming infected with HIV or other STDs, and it is also one of the main reasons why women become embroiled in the sex industry. Women and girls are often lured into that industry with false promises of a better life. In so many cases poverty leaves people with few life choices, and so the prospect of a new start elsewhere can be hard to resist. Poverty, therefore, provides the conditions in which sexual abuse and exploitation can easily occur. It is

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also true that among poorer populations levels of literacy can be quite low. Poorer women may not be fully aware of their rights or may not know how best to protect those rights. In addition, fear and intimidation make it very difficult for women to report sexual abuse to the relevant authority if/when it occurs. Kelly is surely correct when he argues that we need to re-think the way we perceive gender relations and especially the role of women in society. Without a change of attitude towards women it will remain very difficult to secure their equal rights. One can legislate for womens rights of course, but legislation alone will not be effective unless it is accompanied by a real change in attitude. And that change in attitude is needed not just by men but by women too. Gender stereotypes affect both men and women. The role that gender plays in male sexual understanding must not be underestimated. Male stereotypes that prioritise power, strength, and sexual prowess can encourage men to devalue long-term sexual relationships, as well as devalue ideals such as fidelity and abstinence. Many stereotypes identify real men as being sexually experienced, while women are often seen as a means to that end. In that context men may engage in sexual activity that places themselves and others at risk of STD infection. It can also allow for an increased acceptance of lap-dancing clubs, brothels, and so on as just a normal part of a good night out. Thus, an evaluation of the way we see ourselves and others is necessary if we hope to address many of the underlying factors contributing to human trafficking. We must ask whether it is acceptable that Ireland is now termed a destination country for traffickers. And what does that say about us and our sexual mores? Kelly too recognises the need for attitudinal change when attempting to tackle sexual injustice. As regards HIV/AIDS, he believes that preventative work based solely on change in sexual behaviour is doomed to failure. Change has to occur at a deeper social level.4 So change at this deeper social level is vital if we are to improve the position of women in society, particularly in many parts of the Developing World. Education is important, as is what I call critical citizenship.5 But that is a challenge not just for poorer countries. The sex industry is thriving throughout Ireland.

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Irish citizens must take a critical look at the various social, economic, and sexual abuses that are occurring at present, and be honest in their response to those abuses. A key reason why women are vulnerable to various forms of sexual exploitation rests with what Kelly calls a double-standard sexual morality. Again, there are obvious parallels between what Kelly says here about HIV and the problem of human trafficking, for this double-standard morality underpins the sexual attitudes that support the international sex trade. Kelly argues that a more person-centred sexual ethic is needed if Catholic sexual teaching is to respond positively to the lives of millions of women. And here too we see the importance of the justice dimension of sexuality. There are many practical legal steps that can and should be taken to help deal with human trafficking. But as stated above, law reform alone will not solve the problem. The roots of the problem lie with the sexual attitudes we have towards one another, the way we see each other, and the way we understand our sexual relationships. If we are to tackle human trafficking we need to recognise that there is no quick-fix legal solution. A commitment to the equal dignity of women is something that must be fostered within society. And that inevitably is a long-term goal. But if our response is to be a genuinely human one then it cannot be forced (through law, for example), but must be nurtured within us. There is a major challenge here for Church teaching. Kelly makes the following provocative remark: [The] justice dimension of sexual ethics must be taken on board by the Church. An awareness of the plight of women suffering sexual exploitation or trapped in the sex industry highlights this justice dimension. However, the Church must accept that it has implications for the entire field of sexual ethics. For instance, it would be a more credible witness to the Gospel if the Church was renowned for its opposition to female genital mutilation rather than to its opposition to the use of condoms.6 What a difference it might make if the Catholic Church was as renowned for its opposition to human trafficking as it is to artificial contraception or homosexuality. Although the credibility of the institutional Church in

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Ireland is at an all-time low, there is need for real leadership by the Church authorities on this issue. The Irish Church, through its many justice and human rights organisations has shown great commitment to the eradication of injustice and oppression, both here and abroad. It would be a welcome move if it were to employ some of its energy and resources to trying to overcome the problem of human trafficking and, in doing so, it would make a definite stance on behalf of women and girls who are being sexually exploited in Ireland at present. As Kelly notes, the need for a new direction in Catholic sexual ethics arises because our starting point for so long had been wrong.7 The traditional ethic focused too much on the sexual act, and on trying to define when it was morally acceptable. In the process less time was diverted to considering the quality of the sexual relationship. It is not difficult to identify the shortcomings of act-centred sexual ethic, for it fails to provide a complete picture of human sexuality and of the person in sexual relationship. A more person-centred approach has the advantage of incorporating the dignity of the human person and the quality of the relationship. When trying to tackle something like human trafficking it is important to develop community-based initiatives and responses. In Ireland, for example, women who are trafficked here are regularly moved around the country in the hope that their presence will not arouse suspicion. Local initiatives which inform communities about the realities of human trafficking, and especially on how to be vigilant, are important. Kelly makes a similar point: the most effective responses to HIV are likely to be those that encourage collective empowerment and community initiative.8 Although information is important, people themselves must work together to overcome the injustices and oppression they experience. Coming together, the socially vulnerable build up a critical perception of the social, cultural, political and economic forces that structure reality and, working out of this awareness, are better able to take action against those forces which are seen to be oppressive. This model demands a whole new approach to public health with regard to vulnerable communities. While not ignoring the health care needs of individuals, its main focus is on

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empowering communities to respond to these needs and also to develop effective programmes of action aimed at confronting the root causes of their social vulnerability.9 For too long we have tended to think of social reform in terms of the topdown model, whereby those who controlled the power and the wealth would somehow be moved to reform the sinful and unjust social structures that oppressed so many. Of course, that was a nave attitude to say the least, and increasingly we are realising the importance of empowering the poor themselves so that they become actors in their own change. That marks an important shift in emphasis. It recognises not only that the poor have a great deal to contribute to the transformative process but also that the process itself must be based on the experiences of the poor if it is to have any real impact. The experiences of women, therefore, ought to form an integral part of our response to the abuses within the sex industry. And womens empowerment is crucial. It seems rather futile to try to help women out of the sex industry if they have few options but to return to the vulnerable situations that gave rise to their exploitation in the first place. The empowerment of women is important for another reason also. Where women have real life-choices, where they are less economically dependant on men for daily survival, they have a greater say over their sexual and reproductive health. Many studies confirm that an increased agency role for women directly affects developmental variables such as infant mortality, literacy and education among women, and improved reproductive health.

Conclusion
Although Kelly is writing about the AIDS pandemic, with particular focus on the African context, much of his work could be of benefit to the debate on human trafficking. The injustices that fuel the sex industry are similar to those affecting the AIDS pandemic. At the heart of both issues lie questions about the equal dignity of women, the way we perceive sexuality, the impact that poverty has on our sexual choices, and the need to empower women. But it may be helpful, by way of conclusion, to try to situate these remarks in the Irish context. To that end we will briefly consider a document issued

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by the Irish Commission for Justice and Social Affairs in 2008, entitled Violence in Irish Society10. Here the Commission provides a very helpful and informative account of the scale of violence in Irish society at present. The reality of human trafficking cannot be understood sufficiently without reference to the violence and intimidation that accompanies it. Furthermore, violence can contribute to a rise in trafficking, particularly where various forms of violence displace and disrupt families. As the Commission points out, violence in Irish society has dramatically increased since the year 2000. Headline crime has increased by 8 percent in the last 2 years or so, and some believe that as the current recession takes hold levels of crime and violence will continue to grow. The document also makes the point that over and above the increase in the incidence of recorded violent crime is the equally worrying perception amongst a significant segment of the population that their lives are in danger Such perceptions are conducive to the creation of a culture of fear, which impacts severely on peoples quality of life (emphasis mine). Incidents of sexual and domestic violence appear to be increasing, as is the sexual exploitation of children in Ireland. As we know the scale of sexual abuse in Ireland has remained largely hidden until recently. And although the horrors of that abuse within the Catholic Church are gradually being revealed, it seems that we as a society have yet to seriously confront the issue more generally. The Irish Commission for Justice and Social Affairs calls for deeper reflection into how society can successfully tackle violence. Part of our task lies in trying to devise better social and community infrastructure which can enable people to confront the problem. Otherwise we risk living in communities marked by fear and suspicion. We can live in a fear that disempowers us and prevents us from closing the gap between an acceptance of our present fractured society as inevitable and any belief that we may have in the inherent dignity of all human beings. Or we can face the realities of our modern world and seek to confront issues such as violence through those very values that affirm our shared membership of society and the rights and responsibilities that flow from that membership. A response that is more than reactionary, one that

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can indeed move beyond fear, one that involves difficult choices at societal, community and personal level, is in fact the only really useful way forward. We as a society must determine what values affirm that shared membership and how to best promote and protect those values. Ideas such as justice, human dignity, the common good, love and solidarity may feature in that shared vision for society, but they need to be reflected in and through our sexual relationships and attitudes as much as in the social structures and policies that we put in place.

The second of two talks which Dr. Suzanne Mulligan gave to members of APT follows on from the first. The title of this second talk is 'Sexuality and the Good of Human Relationships'. In this she sets out to develop a rich and rounded theology of sexuality, one which is grounded on justice, genuine equality, and mutual respect and which sees sex as a precious gift from God. Building on the work of Margaret Farley, she shows that sexual relationships should promote the human flourishing of the persons engaged in the activity; and that this flourishing is to reach out beyond these individuals to contribute to the building up of a rich web of human relationships in the wider society. Sexual activity, while being personal and intimate, is not a purely private matter; it plays a key part in the creation and the enriching of a genuinely human community. This fifth chapter contains the text of Suzanne's second talk.

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CHAPTER 5

Sexuality and the Good of Human Relationships


Suzanne Mulligan
It has been argued elsewhere that a new way of thinking about sexuality and sexual relationship is needed1, and that at the heart of that new way ought to be the recognition of the equal dignity of women. The idea of justice provides us with a starting point from which to critique the various sexual, social and economic abuses that support the sex industry, but we need to understand our relationships beyond the minimum requirements of justice. The way in which we think and talk about sexuality ought to affirm the dignity of the person as well as promote human well-being and human flourishing. In other words, our sexual ethic ought to be life-giving and life-enhancing.2 Thus, at the heart of that ethic must be an understanding of the good of human relationships. So what sort of framework might we construct in our efforts to promote a life-giving and life-enhancing sexuality? What are the values or principles that promote such an ethic? American theologian Margaret Farley has developed a framework for what she calls just love. The principles she proposes go some way to answering our question, and so we will draw from Farleys work here.3 It will also be argued that we must evaluate these principles in light of broader social concerns. To that end we examine the notion of the common good, and the extent to which it might assist the fostering of these values among citizens. Let us proceed to the first part of our task. What norms ought to govern a life-affirming and life-sustaining sexual ethic?

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Do No Harm
The norm do no harm ought to govern all relationships but it is particularly relevant for our sexual lives. In that context, the commitment to do no harm to the other is a commitment not to sexually exploit or harm other people and not to treat them as simply a means to an end. It is a commitment to, at the very least, treat individuals as ends in themselves, ends that are worthy of respect. Otherwise we see people simply as commodities to be utilised and discarded as we deem fit. The harm we can cause to others takes many forms, of course. It can be physical, psychological, or spiritual harm. We possibly identify the physical harm that is perpetrated in the sex industry most immediately; sexual violation can often be accompanied by physical aggressiveness. In some cases women and girls have to endure beatings from their pimps and clients, starvation and malnutrition, and forced drug abuse. The principle do no harm, it could be argued, is especially important in sexual relationships because in those relationships we make ourselves vulnerable in a special way. There is always a degree of vulnerability in any relationship there is an element of trust involved and we know that that trust can be violated. But the damage caused by betraying trust in the sexual sphere can be more difficult to overcome. As Farley notes, sexuality has to go with vulnerability. Eros, the desire for another, the passion that accompanies the wish for sexual expression, makes one vulnerable capable of being wounded.4 In instances where sexual harm does in fact occur there is need for a special type of healing. As Seamus Heaney reminds us, Human beings suffer, they get hurt and they get hard. Overcoming sexual hurt may take a considerable amount of time, a lifetime perhaps. And when that hurt takes place in the context of violent and forced sex, specialised services and facilities are likely to be needed in order to help individuals recover and heal. Thus, do no harm is perhaps the most basic starting point in any attempt at constructing a framework for a just sexual ethic. But that norm is not enough on its own. For it points only to the minimum that is expected of us in our relationships. Positive, healthy, affirming sexual relationships are built on much more than the requirement do no harm. When we think of the ways in which we flourish, and the ways in which our sexuality contributes

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to that flourishing, we think of the maximum that might be achieved in our sexual lives. And so we must consider several other criteria before we can be satisfied that ours is a positive sexual ethic.

Free Consent
Just as the do no harm principle is a very basic requirement in any sexual ethic, the idea of free consent is a fundamental condition. As with any relationship or agreement entered into, both parties must freely agree to the terms of the relationship. There are many ways in which ones freedom can be diminished or taken away completely. Various psychological factors might be at play, fear and intimidation can influence our decisions, and poverty very often forces individuals into high-risk situations. In the context of our sexual lives, Farley describes free consent as the obligation to respect the right of human persons to determine their own actions and their relationships in the sexual sphere of their lives.5 Clearly, instances of rape, sexual exploitation, forced participation in pornography violate that norm. Within the Christian tradition free consent was emphasised at the point of entering marriage the marriage contract/covenant had to be entered into freely and knowingly otherwise it could be deemed null and void. Unfortunately, less attention was given to an individuals freedom after that point, particularly a womans freedom. Although the right of both spouses to each others bodies was acknowledged, that was usually interpreted as a husbands right to demand his conjugal rights from his wife. Human trafficking and the sex industry are just two examples of how sexual freedom is denied to a person. Free consent is so important that its absence seriously calls into question the appropriateness of the sexual activity or sexual relationship in question.

Respect and Responsibility


Consideration of these first two norms directs us towards the principles of respect and responsibility. Respect suggests that we identify others as ends in themselves rather than mere commodities. Our sexual conduct ought to promote and protect human dignity. And respect, as we shall see below, is intimately connected with equality.

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Furthermore, responsibility is closely associated with respect. Responsibility must be exercised in our sexual relationships, and it implies both freedom and knowledge. Couples are called to make free and equal decisions regarding their relationship and any children that might result from that relationship. But we have a responsibility to care for each other also. We must be honest when determining to what extent my relationship is good for the other. Am I/are we in a healthy relationship? Am I being true to my commitment to my partner? Being responsible demands a high degree of honesty and openness. Responsibility is not an easy thing to exercise in our sexual lives, and it requires a certain level of moral maturity. But it is an integral part of being able to live out our sexuality in a positive manner.

Mutuality and Equality


Farley discusses the importance of mutuality in sexual activity. Thankfully we no longer think of our sexual activity in terms of one active partner and one receptive partner. Women were (and still are in some places) thought of as the sexually submissive partner; in many parts of the world women are expected to be submissive and unquestioning, and have little say over the type or frequency of sex they engage in. It is frightening how many men continue to understand their sexual relationships in that way. Gender roles and stereotypes can often impact negatively on our sexual lives. Speaking about the problem of rape in South Africa, Rachel Jewkes and Naeema Abrahams argue that the problem has to be understood within the context of the very substantial gender power inequalities which pervade society. Rape, like domestic violence, is both a manifestation of male dominance over women and an assertion of that position Both sexual and physical violence against women form part of a repertoire of strategies of control.6 But of course gender stereotypes affect how women see themselves too. A study carried out in Cape Town in 2005 suggests that many women saw themselves as the submissive and obedient partner in a relationship. Of those surveyed (from both sexes) 27 per cent believed that rape results from something that a woman says, 18 per cent said that some cases of rape involve a women who wants to have sex, and 29 per cent agreed that rape is often a womans fault.7 The authors of the survey say that With regard to gender roles, we expected and found that men often viewed women as

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passive, subservient, and as fulfilling traditional gender roles. This finding is consistent with previous research that suggests South African women are expected to fulfill a stereotypical female gender role by being docile, especially in sexual relationships. However, we found that women endorsed these attitudes at rates that generally did not differ from men.8 But as Farley notes, a truly just sexual relationship must include mutuality, both mutuality of desires and of what she calls embodied union.9 It is no longer acceptable to think of women as the passive partner mutual participation and decision-making confirm the equality and dignity of both partners, and in turn contributes to greater responsibility in the sexual relationship. Of course, attaining mutuality in ones sexual relationships implies that there is equality in those relationships. Kevin Kelly, as outlined in the first paper, argues that there is greater need to affirm the equal dignity of women. And we know that womens inequality (be it social, economic, or sexual) often places them at danger of trafficking and HIV infection. Farley discussed equality not only in terms of affirming the equal dignity of women she also speaks of equality of power.10 She is surely correct when she states that the requirements of equality, like the requirements of free consent, rules out treating a partner as property, a commodity, or an element in market exchange.11

Commitment
It is true to say that a just sexual ethic ought to incorporate the idea of commitment. Fidelity to ones marriage covenant has been a central part of Christian sexual teaching, but the living out of the principle of commitment (particularly in Western Culture) has changed somewhat over the past 30 years or so. We have witnessed increasing numbers of couples now choosing to live together before marriage. But it would be unfair to interpret that as a rejection of commitment it is, rather, a different manifestation of the norm. However we understand and apply it today, our sexual relationships ought to incorporate some degree of commitment to the other. Otherwise, we risk seeing others only as a means and not as an end in their own right. Although casual sex is more common today, many have questioned to what extent these casual sexual encounters satisfy the person, in the long-term at least.

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Casual sex is just that it is casual, no strings attached. But we generally long for something more meaningful and fulfilling in our lives. Again, Farley notes that more and more readily comes the conclusion drawn by many that sexual desire without interpersonal love leads to disappointment and a growing disillusionment. The other side of this conclusion is that sexuality is an expression of something beyond itself. Its power is a power for union, and its desire is a desire for intimacy. 12

Life-Giving and Life-Enhancing


For a great deal of the Christian tradition sexual intercourse was justified or excused because it had the potential to bring forth new life. For much of that tradition procreation was seen as the primary end of marriage, while other dimensions such as the fostering of love between the spouses were thought of as secondary ends. We have thankfully moved away from those rather forced categories, and although the raising of children is given special place in the Christian understanding of marriage it is not at the expense of what we might call the other fruits of marriage the fostering and nurturing of love between two people, the support and friendship that is enjoyed within marriage, and the fulfilment/completeness that can be experienced by couples. We might call these the life-giving and life-enhancing aspects of sexuality. These terms are used here in a broad sense, and not confined to the procreative dimension of sexual activity. The life-enhancing aspect of intimate relationships is one that perhaps needs to be promoted more in contemporary Catholic teaching. Our relationships can bear fruit in many ways; they can enhance our lives, make us happier and more fulfilled people. Our sexual relationships should be no different in that respect.

Social Justice
And finally the norm of social justice has a profound relevance for sexual ethics. At first glance that norm may seem a little out of place until we consider the ways in which our sexual choices impact on society. It is true to say that there is a social dimension to our sexual activity and so social justice ought to be a guiding principle in any sexual ethic. For too long we thought about our sexual relationships as having little to do with so-called public

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morality. But we are becoming increasingly aware of the fact that there are indeed social repercussions to sex. As Farley remarks, a social justice norm in the context of sexual ethics relates not specifically to the justice between sexual partners. It points to the kind of justice that everyone in a community or a society is obligated to affirm for its members as sexual beings.13 Furthermore, social justice demands that couples take responsibility for the consequences of their love and sexual activity. That certainly includes bearing responsibility for any children that may result from intercourse, but it must also include other social dimensions of our sexual lives. Increasing levels of sexual and domestic abuse in society demand a re-evaluation of our sexual mores. Tough questions have to be faced with honesty and determination. Are we the kind of society that tolerates the subordination of women? Are we the kind of society that tolerates the abuse of women and children (physical or sexual)? Do we tolerate the establishment of lapdancing clubs and accept the frequenting of such clubs as a normal part of societal life? Are we serious about eradicating gender inequality? Do we accept gender stereotypes that place both men and women at risk of sexual harm? Are we serious about tackling the problem of human trafficking in our own country? Any attempt to answer these questions will require public debate involving a variety of groups. But that debate must be critical, honest and open if we are to confront the sexual challenges of our society.

The Youth of Today


But are these ideals appealing to young people? This is exactly the question that Farley poses in her work. She is convinced that young people can, and in fact do, relate with many of these norms. I tend to agree. In fact, I would suggest that justice provides us with an excellent starting point for sexual discourse with younger people. Other ideals for example, that our sexual relationships ought to be life-enhancing are ideals that most can relate to, irrespective of age. Despite the often voiced lament that the youth of today have no sexual morality, it seems to me that many young people have very high sexual ideals indeed. And these sexual ideals tend to relate to the kind of justice issues that we have been discussing. Farley concludes by saying that we know the dangers as well as ineffectiveness of moralism, and the

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potential dangers of narrowly construed moral systems and rules. We do not yet know whether an ethic of just love and just sex will transform any young persons understanding or action. Insofar as we care about our children, it is worth a try.14

The Common Good


We mentioned above that there is a social dimension to our sexual morality. This brings us into the realm of the common good. To what extent do our sexual values contribute to the common good, and in what way might our understanding of and commitment to the common good affect our sexual values? In Gaudium et Spes the common good is described as the the sum total of social conditions which enable people, either as groups or as individuals, to reach their fulfilment more fully and more easily. 15 Similarly, Dignitatis Humanae explains that The common good of society consists in the sum total of those conditions of social life which enable men to achieve a fuller measure of perfection with greater ease. It consists especially in safeguarding the rights and duties of the human person. 16 But these definitions get us only so far. We need to delve much further if we are to discover what is meant by the concept. The common good, if it comprises the sum total of conditions which encourage human flourishing, directs us beyond a purely economic reading of social organisation. Within many branches of economics priority has often been given to the maximising income; society and its citizens, we are told, fare better where income levels increase. If one is to follow that line of argument then one might conclude that the common good can be more effectively realised where we stimulate economic growth. But, of course, there are many flaws with that hypothesis. Gross Domestic Product (GDP) or Gross National Product (GNP) can only tell us a certain amount about how we are faring as a society. Neither indicator relays information about social inequality or social exclusion, for example. GNP may increase. In fact, on paper a nation may appear to be doing very well while members of that same nation may experience serious social and economic inequality. One of the strengths of the idea of the common good, therefore, is that it directs us beyond an exclusively

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economic reading of society and asks that we assess broader social, cultural, religious, and political concerns. There is no doubt that income plays its part when it comes to human flourishing we have greater choice and opportunity when we have access to capital. But human flourishing cannot be reduced to, or achieved, by economics alone.

The Good of Human Relationships


As social beings we cannot function adequately in isolation. We are born from relationship and there is a deep human need within us to enter into relationship. For that reason the understanding of the common good found in the social teaching of the Church strongly promotes the social dimension of our lives and recognises that the good of each individual is intimately connected to the good of others. There is a temptation to identify the common good with the extrinsic aspects of our lives the goods that we utilise, the services available to us, the income that we earn, the environment in which we live, the various educational and health infrastructures that exist and so on. And for good reason, for these things play an important part in our overall well-being. But of course when we think of human flourishing, human happiness and well-being we think not only of these external commodities and services that we can avail ourselves of. We (hopefully) also identify the many relationships that enrich our lives. And so the relationships that we enter into form an integral part of the common good, properly understood. David Hollenbach goes so far as to describe these positive relationships as the preconditions for the sharing of goods and commodities within society. He goes on to say that The quality of such relationships among a societys members is itself part of the good that is, or is not, achieved in it. One of the key elements in the common good of a community or society, therefore, is the good of being a community or society at all. This shared good is immanent within the relationships that bring this community or society into being. 17 It is true that many relationships be they personal or professional may serve as means to other ends. Having a good working relationship with ones colleagues, for example, may be of benefit when it comes to my securing a

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promotion at work. But there is something amiss if we only see these relationships as a means to an end, or indeed if we seek them only for the ends they may secure for us. Hopefully we can identify a more fundamental value inherent in them also. Or to put it another way, we say that positive human relationships are important in themselves. They enhance our lives. They often bring out something in us that might otherwise lie dormant. We feel affirmed through the positive ties we establish with others. As Hollenbach puts it, positive relationships are not merely a means to human flourishing but are in fact a fundamental part of human flourishing itself.18 This shared life of communication and interaction with others, in all its aspects, is good in itself. This helps explain why the common good of social life cannot be disaggregated without remainder into the private goods of the people who are members of the society. For such disaggregation dissolves the bonds of relationship that constitute an important part of good lives. If we overlook these bonds of relationship, the goods of the relationships themselves will not be part of the picture of the common good The common good, therefore, is not simply a means for attaining the private good of individuals; it is a value to be pursued for its own sake. This suggests that a key aspect of the common good can be described as the good of being a community at all the good realized in the mutual relationships in and through which human beings achieve their well-being.19 In trying to promote the good of human relationship, and the significance of this for the common good, we begin to see some of the richness of that concept. But fostering a sense of the importance of human relationship for the common good of society is not an easy task. One might argue that the provision of various social services or the achievement of a certain level of income can be attained more easily, in the sense that we can target those gaols in a more mechanical way and implement practical steps to secure them. Of course, I am not suggesting that this is a straightforward task or a burden-less one. We all know the very real challenges that we face at present in our own country on those fronts. But they are tasks that can in some way be targeted. It may take years to implement, but there are identifiable steps

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that can be taken to achieve our goals. However, promoting the idea that positive human relationships are an essential part of the common good points to a different reality, one less easy to target in the mechanical manner already mentioned. Working towards a sense of the good of human relationship must be a gradual process; it is not something that can be forced or imposed on citizens. It presupposes the existence of mutual respect and the recognition of the dignity of each member of society values that must be nurtured among us over time. And so we can say that mutual respect is a precondition of the positive relationships that form such an important part of our lives and of our overall good. Mutual respect makes genuine social interaction possible. And social interaction is an essential part of a good society.

Critical Citizenship
Why is social interaction so important? The idea of critical citizenship helps us answer that question. Critical citizenship implies a number of things. Being critical suggests that we are informed, that we can responsibly discern what is our good and the overall good, that we are willing to engage in respectful dialogue with others even when we might not like what they stand for. That engagement in dialogue in turn implies intellectual openness that we are willing to be open to the possibility of surprise rather than remain entrenched in our own worldview. Citizenship points to social engagement and the participation of all in the common good. It also suggests a willingness to acknowledge our duties as well as rights. In other words, a proper sense of citizenship ought to push us beyond the boundaries of selfinterest. We are part of a greater whole, and although the individual must never become smothered by the collective whole, we as individuals have obligations to others that extend far beyond our own immediate context. The Irish Commission for Justice and Social Affairs captures the point well when it reminds us that: The attempt to delineate human beings simply as individuals with inalienable rights does not do justice to the full truth, because it ignores the manner in which we have been nurtured in and through our membership of a multiple of overlapping communities. As members of a society, a local community and a

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family, all of us have rights, but equally we have responsibilities. These are not co-terminus with our duty to be law-abiding citizens. We can and must speak about the duty of active citizenship, which is nothing more than an honest acknowledgement of out indebtedness to the society to which we belong. In practical terms, this concept of active citizenship translates into an attitude of solidarity to our fellow citizens, an attitude that is marked by a willingness to give oneself for the good of ones neighbour beyond any individual or public interest.20 Thus, critical citizenship demands that we honestly and prudently attempt to work out what values best affirm our shared vision of society. But how do we conclude which values are worth preserving and protecting, especially given the increasingly pluralistic nature of Irish society? The idea of critical citizenship points us towards another feature of the common good, namely the need for respectful dialogue.

Respectful Dialogue
Without respectful dialogue we cannot speak of critical citizenship at all, and without that we cannot begin to try to tackle the social and economic problems that threaten the common good. Mutual respect and equality are the preconditions for debate about the common good. And that debate is crucial if we are to decipher what is meant by the concept in the first place. The conversation must be inclusive, respectful, and it must be an ongoing conversation. It can be difficult at times to move beyond the demands of local loyalty and see the broader needs of a society or of a nation. Local loyalty, of course, is not something to be dismissed out of hand; it can have an important and constructive role in the life of the community. But equally, local loyalty can at times hinder our ability to see the broader goals that we ought to be working towards. Hollenbach speaks of intellectual solidarity and the ways in which it can contribute to fruitful dialogue with the stranger. For Hollenbach, intellectual solidarity plays a vital part in our efforts at identifying the good life. It implies an openness and a hospitality towards other religious and cultural worldviews. The conversations that must take place between different cultural, religious and political groups

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may be uncomfortable ones. Indeed, agreement may be an unusual outcome of those conversations. But conversation is vital, and difference should not become an obstacle to genuine intellectual encounters with others. Hollenbach is surely right when he tells us that plurality of culture or tradition could more positively be understood as opportunities for intellectual engagement and imagination.21 Hollenbach believes that intellectual solidarity is deeply important if we are to revitalise the idea of the common good today.22 The pluralistic and culturally diverse nature of our human community calls for intellectual solidarity with those around us, for we otherwise risk becoming isolated and entrenched, seeing others as nothing more than strangers within our gates and rivals to the goods that we desire. Diversity, be it cultural or religious, is not an insurmountable obstacle to a shared vision of the good life. Indeed, the dialogue that ensues from engagement with other traditions is itself good and something that ought to be cherished. A shared vision of the common good is only possible through a serious intellectual encounter with others.23

Concluding Remarks
The injustice of human trafficking, and the sexual exploitation that so often accompanies it demands both national and international responses. Some countries have amended their national legislation to help tackle prostitution and trafficking. Ireland has some way to go on that front, but tentative steps have been taken. However, law can only do so much. The sex industry exists because the demand for paid sex is high. If we are to take the problem seriously then we need to ask difficult questions of ourselves as a people. We must assess the sort of sexual values that we espouse, and consider the need for a new framework for our sexual lives. A number of principles have been proposed here that, it is argued, ought to shape that framework. As we have seen, Margaret Farleys work has made a major contribution to Catholic sexual discourse in that regard. But others may well add to that list it is not the final word on the subject. It is hoped, however, that we find here the beginnings of a debate that might help us in our evaluation of the sexual mores that govern our lives.

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Trafficking has broader social implications also. For too long we tended to think about sexuality as a private matter. Obviously, people are entitled to privacy, but our sexual activity often has social ramifications. Human trafficking is facilitated by a host of social and economic injustices, issues which seriously threaten the common good of a society (not to mention the violation of individual rights that is inherently part of the business). Ireland is now classified as a destination country for traffickers. As we attempt to work out and live out the demands of the common good we must confront the tough ethical questions that this raises for us. To what extent are we failing to realise the common good by our hesitancy to overcome the violence of trafficking? To what extent does the concept of the common good help us to better understand our obligations to all members of our society? These questions can only be answered through genuine dialogue with others, through a serious and committed intellectual enquiry into the nature of the good life.

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CHAPTER 6

A Spirituality of Intimacy
Donal Dorr

By way of conclusion to this booklet readers may find it helpful to reflect on another aspect of an integrally Christian approach to sexuality, namely, a spirituality of sexual intimacy. Sexual intercourse is fully meaningful only when it is seen as a most effective and intimate way of expressing ones love for another person. This means that our sexual relationships must never be exploitative. It also means that it is quite disrespectful to get involved in a sexual relationship as just a pleasurable recreational activity. We humans are bodily creatures, so we are spontaneously inclined to express our love and trust through our bodies. When we fall in love with somebody, our usual inhibitions about allowing ourselves to be touched intimately are outweighed by our desire to come as close as possible to that person. Those who have a healthy relationship with their own bodies and their own sexuality find that this provides them with an in-built guide on when and how to touch others and on when and how it is appropriate to allow themselves to be touched by another person. Human touch has a healing power. And the very intimate touch that takes place in a mutually respectful sexual relationship brings a high degree of healing and wholeness to both partners. This two-way intimacy enables both partners to develop a growing degree of trust, acceptance, and respectful love. There is a self-giving which both invites and expresses a total openness of soul and spirit, a desire to be utterly present and transparent to the other. No wonder, then, that both the Old Testament and the New Testament speak of the two partners becoming one flesh (Genesis 2:24; Matthew 19:5).

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Sexual intimacy between two people who are deeply in love with each other is a profoundly spiritual experience. It lifts each of the partners out of the preoccupation with self which is the normal state for most people for much of the time. For significant periods of timesometimes for days on endthe person who is in love is focussed instead almost entirely on the other. One looks on the other with passionnot primarily a passion of wanting to possess the other but rather a passion of tenderness where one is entirely taken up with feeling for, and loving concern for, the other. In the early stages of having fallen in love, ones experience of everyday life is changed quite radically. One seems to be lifted out of the humdrum reality of normal living and to exist instead in a world that sparkles with energy and excitement. With the passing of time the excitement dims. But ideally that does not mean that one has returned to a dull and commonplace state of existence. Instead, the exhilaration of early love becomes transformed into a quiet abiding sense of gratitude for being loved and trusted unconditionally. One has the assurance of being held; and the holding of the body gives expression to a deep acceptance at every level. The sad reality is that many people fail to live up to this ideal. Their sexuality has become damaged and distorted to a greater or lesser extent. The most serious cause of such a wounded personality is sexual abuse. Those who have been abused require a long course of counselling or therapy before they find healing. A lesser, but still serious, degree of damage to a persons sexuality comes from faulty up-bringingparents and teachers may have caused the child to experience an unhealthy degree of shame and guilt in relation to sex. This was a particularly serious problem in Ireland in the past. It was linked to the seriously defective and distorted theology of sexuality propounded by theologians and spiritual leaders. The younger generation are much less likely to be infected by such a distorted attitude to sex. This is partly because much of the earlier puritanical Church teaching on sex no longer seems credibleeven to many deeply committed Christians. Unfortunately, however, the blank space left by the abandonment of the previous rigid Church teaching has not been filled with a truly healthy and life-enhancing understanding of sexuality. A lot of adults are no longer sure about what is right or wrong in the area of

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A Spirituality of Intimacy

sexual activity. Consequently, they no longer feel competent to lay down the law about sex to their children, or to give them firm guidelines. Even where parents and teachers do seek to control or advise their children in relation to sexual activity they may not be heard or heeded. This is because there has developed a youth culture which evokes attitudes in young people which make them to some extent impervious to the values of parents, teachers, and society leaders. Nowadays a significant number of quite young teenagers have come to believe that it is normal to engage in full-scale sexual activity. The sad part is that these young teenagers are simply too immature to have developed a healthy spirituality of sexualityone based on respect and sensitivity to the rights and needs of those involved. Furthermore, young people are constantly bombarded with sexual imagery employed to sell products of all kinds. This sexual marketing is directed at ever younger children, so that little girls and boys are being sexualized at a very early age. In this situation it is important that those of us of an older generation should ourselves be comfortable with our own sexuality. We need to have a healthy spirituality of sexuality to which we give witness both in our lives and in our words. This is particularly so in the case of those who are in daily contact with young people, as parents or teachers or youth leaders. Such a spirituality will justify and intensify the outrage which people feel in relation to the reality of sexual abuse, sexual exploitation, and the trafficking of people. It will encourage an ever-increasing number of people to become involved in raising awareness about such exploitation, and in lobbying politicians to put in place a legislative regime which protects the victims of abuse and trafficking. Hopefully, too, an enriched spirituality will lead many people to join the campaign for a change of mentality and of legislation in relation to the demand side of prostitution. This will include support for those politicians who favour the enactment of legislation which will make it illegal to look for sex not just from a trafficked person but from anybody involved in prostitution. Furthermore, it will encourage the development of a richer and more mature approach to sexuality in young and old alike, leading to a more healthy society. Our hope is that this booklet may contribute to the development of such an authentic and life-enhancing spirituality.

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Notes for Chapters

NOTES FOR CHAPTER 2


1 See: the judgment of Hedigan J in A. v. MJELR [2008] IEHC 336. 2 Section 13(1), Immigration Act, 2004. 3 Article 26, Council of Europe Convention on Action against Trafficking in Human Beings, Warsaw, 16thMay 2005. 4 See: www.ukhtc.org. 5 See: http://www.carlowpeople.ie/news/two-give-statements-in-trafficking-investigation1868448.html. 6 The Crown Prosecution Service, Legal Guidance Human Trafficking and Smuggling, 26th March 2009. 7 OSCE/ODIHR, Compensation for Trafficked and Exploited Persons in the OSCE Region, 2008.

NOTES FOR CHAPTER 4


1 I think particularly of the work of theologians such as Enda McDonagh, James Keenan, Lisa Sowle Cahill, and Kevin Kelly, all of whom have helped broaden theological discourse on HIV/AIDS. 2 Kevin Kelly, New Directions in Sexual Ethics, (London: Geoffrey Chapman 1998). 3 Kevin Kelly, Living with HIV/AIDS, The Tablet, (May 13, 1995), 598. 4 Kelly, New Directions in Sexual Ethics, 3. Emphasis added. 5 See my second paper in this volume entitled Sexuality and the good of human relationships for a brief account of what I mean by critical citizenship. 6 Kelly, New Directions in Sexual Ethics, 9. 7 Kelly, New Directions in Sexual Ethics, 139. 8 Kelly, New Directions in Sexual Ethics, 211. 9 Kelly, New Directions in Sexual Ethics, 211. 10 This document can be downloaded from the Irish Commission for Justice and Social Affairs website: www.catholicbishops.ie/icjsa.

NOTES FOR CHAPTER 5


1 See my earlier paper in this volume, Sexuality and Justice. 2 Life-giving and life-enhancing are not understood here in a strictly procreative way. Rather, they point to the ways in which healthy sexual relationships enhance our lives more generally.

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Notes for Chapters


3 For a more comprehensive account of these norms see Margaret Farley, Just Love: A Framework for Christian Sexual Ethics, (New York: Continuum, 2006). Kevin Kelly proposes a number of similar principles. See New Directions in Sexual Ethics, (London: Geoffrey Chapman, 1998), 139. 4 Margaret Farley, Just Love: A Framework for Christian Sexual Ethics, (New York: Continuum, 2006), 217. Farley is citing Karen Lebacqz here. 5 Farley, Just Love, 218-19. 6 Rachel Jewkes and Naeema Abrahams, The epidemiology of rape and sexual coercion in South Africa: and overview , Social Science and Medicine, 55 (2002), 1238. 7 See Seth Kalichman, Leickness Simbayi, Michelle Kaufman, Demetria Cherry, Cain Chauncey, Sean Jooste, and Vuyisile Mathiti, Gender Attitudes, Sexual Violence, and HIV/AIDS Risks Among Men and Women in Cape Town, South Africa , The Journal of Sex Research, 42 (2005), 303. 8 Kalichman, Simbayi, Kaufman, Cherry, Chauncey, Jooste, and Mathiti, Gender Attitudes, Sexual Violence, and HIV/AIDS Risks Among Men and Women in Cape Town, South Africa, 304. 9 See Farley, Just Love, 221-22 on this point. 10 Farley, Just Love, 223. 11 Farley, Just Love, 223. 12 Farley, Just love, 225. 13 Farley, Just Love, 228. 14 Farley, Just Love, 235. 15 Second Vatican Council, Gaudium et Spes, n.26. 16 Second Vatican Council, Dignitatis Humanae, n.6. 17 David Hollenbach, The Common Good and Christian Ethics, (Cambridge: CUP, 2002), 8-9. 18 Hollenbach offers an interesting and thought-provoking account of the good of relationships in The Common Good and Christian Ethics. In particular see chapter 3. 19 Hollenbach, The Common Good and Christian Ethics, 81-2. Emphasis added. 20 Irish Commission for Justice and Social Affairs, Violence in Irish Society: Towards an Ecology of Peace, (Dublin: Veritas Publications, 2008). 21 Hollenbach, The Common Good and Christian Ethics, 138. 22 Hollenbach, The Common Good and Christian Ethics, 138. 23 Ibid, 152 ff.

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Published by

APT Act to Prevent Trafficking


as resource material for people concerned about human trafficking. This booklet is priced at 10. Copies are available free of charge to groups working to raise awareness of human trafficking. Where possible, a donation to cover production costs would be appreciated. Mail requests for further copies to: APT, c/o St. Mary's, Bloomfield Avenue, Dublin 4, Ireland or email: info@aptireland.org or Mobile: 0879701891

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