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January 30, 2010
Tiefenbrun & Edwards: "Gendercide and the Cultural Context of Sex Trafficking in China"
Susan Tiefenbrun (Thomas Jefferson School
of Law) & Christie J. Edwards (Thomas Jefferson School of Law) have posted Gendercide
and the Cultural Context of Sex Trafficking in China, 32 Fordham International
Law Journal 731 (2009), on SSRN. Here is the
abstract:
This article discusses a
demographic crisis in China that arguably rises to the level of "gendercide." Women in China are
bought and sold, murdered and made to disappear, in order to comply with a
governmental policy that coincides with the cultural phenomenon of male-child
preference. Demographers estimate that there are between 50 and 100 million
missing women in China. In answer to the resulting scarcity of women, gangs, "specialist
households," and "specialist villages" have been working in an
organized chain to kidnap and sell women in China.
Several factors work
interdependently to cause a serious shortage of women in China. Women
are disappearing because of the social pressures of male-child preference, the
zealous enforcement of China's "One-Child Policy" by local government authorities, and the murderous
responses to this policy undertaken by millions of ordinary people in China who are
desperate to have a son. The 2000 Chinese census reported that 117 boys were
born for every 100 girls, compared to the global average of 105 or 106 boys to
every 100 girls. This disparity may be linked to the practice of aborting
female fetuses and killing female babies.
This gender imbalance has caused an
increase in prostitution and human trafficking in China. Sex trafficking in China takes
many forms: the purchase of women for brides, the purchase of a male son, or
the sale of unwanted female children. Many men, primarily in rural China,
desperately seek brides in a country where women are in short supply. These men
will resort to purchasing a trafficked woman for marriage. Couples seeking a
male child will sell or even murder their girl child in order to make room for
the purchase of a trafficked baby boy. Young women and infants are bought and
sold like cargo. Human trafficking in China is a lucrative international
business that is expanding due to several factors: the aggressive
implementation of the One-Child Policy, a faulty legal system, and the blind
adherence to longstanding cultural traditions that devalue women. In China, Communist Party directives overshadow the legislative and judicial process. The
primacy of government policy results in the ineffectiveness of laws that
theoretically protect women and female children in China.
MR
January 30, 2010 | Permalink
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