R R e e s s p p o o n n d d i i n n g g t t o o V V i i c c t t i i m m s s o o f f P P e e o o p p l l e e T T r r a a f f f f i i c c k k i i n n g g T T o o w w a a r r d d a a H H u u m m a a n n R R i i g g h h t t s s A A p p p p r r o o a a c c h h Laura Vidal This thesis is submitted in partial fulfillment of the requirements for the Bachelor of Social Work with Honours, University of New South Wales, March, 2011
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Both David (2010) and the ILO acknowledge that there is a distinct grey area around the
practical situations and legal concepts regarding labour trafficking. Nonetheless there is
still significant literature and evidence to suggest that labour trafficking and labour
exploitation is an emerging global problem, which does not exclude Australia as a
destination country for such an activity.
Finally, David (2010) highlights that whilst there is no accepted definition of labour
trafficking debates about terminology whilst important “should not be permitted to lead
to inaction” (p.6) and like the research completed by David, this research project in its
reference to labour trafficking “should be understood to refer to situations involving
trafficking in persons (as defined by the UN Trafficking Protocol) and where the
exploitation has occurred in contexts other than the commercial sex industry” (p.6)
Australia is currently ranked as a Tier 11 country, This means that Australia’s current
government “fully complies with the Trafficking in Victims Protection Act’s (TPVA)
Minimum Standards” (US State Department, 2009, p. 67)
The TPVA was introduced in the United States in 2000 and aims to:
1. “Prevent human trafficking overseas
2. Protect victims and help them rebuild their lives in the U.S. with Federal and
state support
3. Prosecute traffickers of persons under stiff Federal penalties” (National Human
Trafficking Resource Centre, 2000, p.1)
The TPVA according to Klaveras and Buckley (2009) “Seeks to combat trafficking by
promoting a policy of "3 Ps": prosecution, protection, and prevention”1The Department places each country in the TIP Report onto one of the three tier lists as mandated by the TPVA. This placement is based more on the extent of government action to combat trafficking that on the size of the problem…Governments that fully comply are placed on Tier 1 (U.S State Department, 2009)
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the ‘3P’ principle has been adapted internationally as a framework effective for
managing the issue of Trafficking in Persons.
1.5 How does Australia respond to Trafficking in Persons?
The Australian Governments Action Plan to Eradicate People Trafficking
2004 saw the introduction of The Australian Governments Action Plan to Eradicate
Trafficking in Persons (referred here after as The Action Plan) The Action Plan (2004)
came out of a series of events, which placed pressure on the government to respond to
the issue of trafficking in persons. The death of Ms. Puongtong Simaplee in
immigration detention in September 2001is often referred to as the catalyst to the
response (Maltzahn, 2008) It is believed that Ms. Simaplee was a victim of child sex
trafficking. When she was found by immigration officials she was unwell and put in
immigration detention. It is speculated that she was not offered medical treatment, her
story was not explored and she passed away soon after her detainment. 2
Prior to this point,
“Australia fervently denied for the past two years or so that individuals were
trafficked into Australia, (and it wasn’t until 2003) that authorities openly
admitted that this was indeed a possibility” (Gallagher, 2004, p.1)
The combination of the death of Ms. Simaplee and a series of media accounts by ‘The
Australian’ (Maltzahn, 2008) the international community began to come together on
this issue. Pressure was on the Australian government from several angles to respond.
The development and introduction of Australia’s response is demonstrative of the
political nature of policy development.
2Annexure A
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The Action Plan incorporates a range of measures to prevent, prosecute and protect. The
four central tenets of the plan include:
Prevention
Detection and Investigation
Criminal Prosecution and
Victim Support and Rehabilitation
The policy response was “designed to focus on the full cycle of trafficking from
recruitment, to integration and to give equal weight to the three critical areas of
prevention, prosecution and victim support” (Blackburn in Seagrave and Milivojevic,
2010, p.63)
The process of victim support, involves a victim being identified by the Australian
Federal Police (AFP) as a potential witness. Victims come to the attention of the police
through several different pathways, most commonly The Department of Immigration
and Citizenship (DIAC) detects the individual for a breach of their visa conditions.
Should the victim choose to engage in a criminal investigation a comprehensive support
package is offered in an effort protect the victim’s health and welfare.
The Office for Women has oversight of the program, which is currently contracted to
The Australian Red Cross who deliver the services to both men and women who are
identified as victims. Under the program victims have access to financial support,
access to medical assistance, support for study (including English language), and other
health and welfare needs.
There are three streams of the Government programs, which take place parallel with the
stages of the criminal investigation. The first stream is known as the assessment stream.
This stream lasts for 45 days with the discretionary option of a 45-day extension.
During this period the victim has time to decide whether or not engaging in a criminal
investigation is a choice they wish to make. The Australian Red Cross provides
financial and case management support during this period. Often, during the 45day
assessment stream a victim is offered a Bridging Visa F, which allows them to remain
lawfully in Australia. Following the assessment stream, should a victim choose to
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engage with the investigation they are offered a Criminal Justice Stay Visa (CJSV).
Should a victim choose not to engage in a criminal investigation after the 45day
assessment stream, the support of The Australian Red Cross is withdrawn, as they are
no longer eligible for the program. This means that assistance is dependent on their
willingness or capacity to participate in a criminal investigation.
The CJSV allows a victim to remain lawfully in Australia for the duration of the
investigation. It is during this time that the Australian Federal Police take a
comprehensive statement of events and collect evidence pertaining to the investigation.
If necessary the victim may be required to appear in court to give evidence in the trial.
Victims who are the holder of a CJSV are given access to federal government financial
support via Centrelink, Interim Medicare and casework support from The Australian
Red Cross.
Post the investigation, victims are offered a Permanent Witness Protection Trafficking
Visa (WPTV) This visa cannot be applied for autonomously, it can be only offered by
DIAC on direction of the AFP. The WPTV is given on discretion of a victim’s
participation with an investigation regardless of the outcome of the case. (Adapted, The
Office for Women, 2009)
The Action Plan and Victim Support
As mentioned earlier, the primary focus of this research is the nexus between
prosecution and protection, therefore the majority of the analysis in this study is on the
impact and effectiveness of Australia’s response to victims of trafficking in persons.
2009 saw changes to Australia’s anti-people trafficking strategy to provide better
support for victims. These changes came as a result of community consultation by the
Australian Government with key stakeholders. This consultation suggested the current
framework was inadequately protecting victims. The changes that have occurred are
centred largely on the visa framework; which in turn increases access to welfare
support.
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“The changes simplify and add flexibility to the visa framework. Importantly
they give victims and their immediate family members greater certainty about
their immigration status” (IDC, 2010, p.6)
It is acknowledged that the changes made to the visa framework provide increased
support to victims through greater migration safety and certainty. It does however
exemplify again the problem I am examining; and the relationship a victim must hold
with the criminal justice system prior to be given access to such visa’s.
“The Government of Australia continued to provide comprehensive assistance
for Victims of Trafficking willing to aid in criminal prosecutions and their
family members…the Government encouraged Victims and witness’ to
participate in trafficking investigations and directly linked continued assistance
to victims’ role in a viable prosecution” (US State Department, 2009, p.68)
It is evident from The Action Plan (2004) that Australia operates on the principle that
“those who are willing to help prosecute their recruiters and exploiters should be given
the assistance necessary to facilitate such cooperation” (Gallagher, 2004, p.5) Several
studies and evaluations of Australia’s Action Plan criticise the direct attachment of
victim support to criminal investigations. Human rights defenders suggest that the
protection of a victim of trafficking in persons should be provided as unequivocal
human right.
“Restricting access to recovery and support programs to those women who
undertake to assist the investigation or prosecution of trafficking offences and to
those women whose evidence is considered to be of value, means that many
victims of trafficking would not be eligible for assistance despite suffering
significant human rights abuses. From a human rights point of view, access to
these programs should be on the basis of need” (HREOC Submission, cited by
Burn and Simmons, 2009, p.10)
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Obligatory participation in criminal justice processes raises real concerns for victims.
Often the trafficker has threatened the safety of the individual and/or their family and
encouraged fear for authority. As a result, negative associations and fear for safety
surround a victim when choosing to engage with authorities. People working with
victims of trafficking report that alongside the element of fear, victims are regularly
diagnosed with Post-Traumatic Stress3. This can directly impact on a victims ability to
provide credible evidence; rendering them ineligible for services. “Traumatic events
overwhelm the brains capacity to process information” (Solomon and Heide, 2005,
p.54)
Without going into depth about the biological aspects involved in processing traumatic
memories what is known about traumatic events is that Post-Traumatic Stress affects
the storage of memories in the brain and can “generate vivid images of traumatic
experience, terrifying thoughts, feelings, body sensations, sounds and smells” (Solomon
and Heide, 2005, p.54)
A common symptom of Post-Traumatic Stress is ‘dissociation’. “Extreme trauma
results in the inhibition of neural networks…traumatic experience can disrupt the
storage of information and integration of the various systems of attention and memory”
Dissociation is a protective factor in that it “allows the traumatized individual to escape
the trauma…and avoid the reality of his or her situation and watch is as an observer”
(Cozolino, 2005, p.26)
Given the stage that the Australian Federal Police become involved in the victims
disclosure, it is speculated that it would not be uncommon that the victim would not
have had the opportunity to undertake any therapeutic intervention meaning that trauma
reactions are often high. This disadvantages victims as being unable to provide such
information may render them ineligible for services.
3Annexure B
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Chapter Two Literature Review
2.1 Human Rights Theory
As the title suggests, this research draws on a human rights perspective to address the
current response of support for victims of Trafficking in persons. This research takes the
position that access to victim support should be given as an unequivocal human right
opposed to a “necessary part of the criminal justice response” (Pearson, 2007, p.29).
This is the premise for using a human rights framework.
Several elements will be addressed with regards to a human rights framework. These
include; establishing what is meant by a human rights framework, exploring the work of
key theorists and how human rights are reflected in social work practice. All of these
are critical to the discussion of human rights and support for victims of trafficking in
persons.
What do we mean by Human Rights?
“Human rights are inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language or any
other status. We are all equally entitled to our human rights without
discrimination. These rights are all interrelated, interdependent and indivisible”
(United Nations, 2006-2010)
Human rights are often described as “universal principles that recognize and respect the
dignity of all peoples and basic standards which we can identify and measure inequality
and fairness” (HREOC, 2009) This research takes a Universalist position with regard to
human rights, with The Universal Declaration of Human Rights (1948) (UN
Declaration) central to its argument. Pertinent to the analysis and discussion of this
research project is the acknowledgement of the “inherent dignity and equal, inalienable
rights of all members of the human family”. (UN Declaration, 1948)
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Key Theorists
Given the universalistic position adopted for this research project, Jim Ife’s Human
Rights Theory and Social Work practice is the primary theory drawn on throughout.
In addition to the theory suggested by Ife (1995 and 2001), philosophical positions by
John Rawls (cited in Shestack 1998) and Jerome Shestack (1998) are examined.
All theorists emphasise the universal nature of human rights. Each theorist suggests that
human rights are afforded on the basis of being human. Each also acknowledges that the
discourse of rights is tied up in the analysis of need. Rights naturally imply need; this
perspective will be explored with reference to the work of Nancy Fraser, a feminist
scholar and a critical theorist (1989)
A central idea to the human rights discourse of this study is that:
“The very nature of human beings implies that they have certain rights as a
consequence of their very humanity…by simply talking about human beings we
imply human rights arising from some notion of common humanity which
requires that people be treated in a certain way” (Simmons and Feinberg in Ife,
2001, p.6)
Ife usefully applies the human rights framework to social work
“ [the] human rights perspective can strengthen social work and that it provides
a strong basis for an assertive practice that seeks to realize the social justice
goals of social workers, in what ever setting. Human rights, however, are also
contested and problematic. To develop a human rights basis for social work
requires that the idea of human rights, and the problems and criticisms
associated with it, be carefully examined” (2001, p.1)
Ife’s approach to Human Rights and Social work is thus: “By framing Social Work
specifically as a human rights profession, many of the issues and dilemmas that face
Social Work can be looked at in a new light. Further, human rights can provide social
workers with a moral basis for their practice” (2001, p. viii ) This research takes on the
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perspective that a human rights approach can in fact form a universal baseline for policy
development around victim protection. It does however consider that an equal weight
needs to be distributed between both victim protection and the pursuit of justice.
Ife “develops his theoretical framework based on humanist, postmodern and feminist
perspectives” (Boulet, 2003, p.238) Of great interest to this study is the emphasis Ife
places on oppression. The feminist angle of his theory “draws attention to the
oppression of patriarchy but more broadly to structural oppression” (Allan et al, 2003,
p.238) I hypothesized earlier, that the current system for victim support being
implemented by Australia, is in fact a source of oppression (i.e. restricting access to
protection and welfare support on the basis of participation in a criminal investigation)
Ife’s ideas regarding structural oppression are critical to the analysis and discussion of
this project and will be revisited in succeeding chapters of this study.
Recommendations regarding the practice of Social Work with victims of Trafficking in
persons will draw on Ife’s conclusions; particularly that the universality of human rights
will set minimum conditions of practice. Foundations as set out by Ife will be used in
producing the recommendations of this study.
Shestack (1998) suggests that Human Rights are “the rights that human beings have
simply because they are human beings and independent of their varying social
circumstances and degrees of merit” (p.2) he also highlights that the concept of rights
can often derive several meanings including “entitlement, immunity, privilege and
power” (p.2).
These ideas speak to the universal nature of rights, and the way in which rights should
be exercised. It is in this universality shared that conclusions and recommendations will
be made in this study.
Shestack supports Rawls’ postulation that:
“Each persons posses an inviolability founded on justice that even the welfare of
society cannot override…therefore in a just society the liberties of equal
citizenship are taken as settled; the rights secured by justice are not subject to
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political bargaining or to the calculus of social interests” (Rawls cited in
Shestack, 1998, p.9)
The current approach toward trafficking in persons in Australia can be analysed using
the central tenets of Rawls’ thesis; in particular to the concept of political bargaining
and calculus of social interests which with respect to this study hypothesizes that victim
support is being used as a political bargaining tool to meet the priority of criminal
prosecution. This idea will be further developed in succeeding chapters and is
exemplified in Case Study Two.
Rawls’ (cited in Shestack 1998) perspective on human rights addresses the way in
which society is constructed. Rawls’ perspective complements that of Ife , which argues
that institutions or systems of society are socially constructed. Rawls’ theory “provides
a way of assigning rights and duties in the basic institutions of society. These principles
define the appropriate distribution of benefits and burdens of social cooperation”
(Shestack, 1998, p.9)
Victim protection as discussed above is offered on the basis of a victim’s contribution to
a criminal investigation. Central to the argument is whether or not this aligns with
principles of human rights. Using Rawls’ theory, one could argue that in fact there is an
unsound distribution of benefits based on the burden of social cooperation.
Fraser (1989) suggests that there is a distinct relationship between needs and rights.
When talking about rights, it naturally implies that there is a need. Fraser (1989) aligns
herself with those positions “who favour translating justified needs claims into social
rights” (p. 163) The test for this study is establish evidence which suggests that the
Australian Government needs to reassess the current victim support program and make
changes that are in line with a human rights framework. This is in direct correlation
with Frasers (1989) view; “to treat justified needs claims as the bases for new social
rights is to begin to overcome obstacles to the effective exercise of some existing
rights” (p.183)
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How are human rights reflected in Social Work practice?
Human rights are at the core of the Social Work profession. “Social Work is arguably
the core human rights profession given its value base” (Ife, 2001, p. 5) The Australian
Association of Social Work Code of Ethics (2010), highlight 3 key values that members
of the Social Work profession are expected to work from. This includes the principle of
‘Respect of Persons’, which is concerned with respecting human rights of individuals
and groups.
In addition to this, under the core commitments of Social Work is the commitment to
‘Social Justice and Human Rights’. In adherence to this Social Workers are expected to
not only promote policies, practices and social conditions that uphold human rights but
also to empower individuals, families and groups to seek their full protection of human
rights.
As Ife (2001) suggests, a human rights framework is not a “definitive answer” (p.202)
and it cannot prescribe the way in which Social Work is practiced. It can however make
“some suggestions” (p.202) about why the practice of social work should encompass
elements of human rights. “A human rights discourse is, by nature a discourse of hope.
It concentrates not only on what is wrong but also articulates a vision of what is right, of
where we could be heading, of the human ideal” (Ife, 2001, p.203)
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2.2 Anti-Oppressive Social Work Practice
In addition to a focus on Human Rights Theory, this study draws on Anti-Oppressive
Social Work Practice as a secondary tool of analysis. Anti-Oppressive Social Work
Practice is closely related to the key concepts of Human Rights Theory. It however
places greater emphasis on structural disadvantage opposed to an individual struggle.
There are several reasons why Anti-Oppressive Social Work Practice theory has been
used in this study. Anti-Oppressive practice effectively addresses the way services are
currently being delivered in Australia; it allows the consideration of ‘user-led
intervention’ to achieve the overall objective of the study and thirdly, the relevance
Anti-Oppressive Social Work theory has to Social Work Practice.
I begin by outlining the central ideas of the theory of Anti-Oppressive Social Work
practice, which are pertinent to analysis, and discussion of the study. Finally, I will look
at how Anti-Oppressive Social Work Practice fits within the Social Work profession.
Key Theorists
The perspective of Lena Dominelli (2002) in her work on Anti-Oppressive Social Work
Practice is drawn on as the central tool of analysis. Dominelli’s (2002) view will be
shared as a way of assessing current Australian policy and in defining Anti-Oppressive
Social Work Practice. Work by Katherine van Wormer (2004) will also be used. Van
Wormer (2004) offers her perspective with a greater focus on challenging oppression
and advocating for change from the angle of social policy. van Wormers (2004) ideas
will be used as a way to ground recommendations for policy change.
What is Anti-Oppressive Social Work Practice?
Anti Oppressive Social Work Practice is defined by Dominelli as:
“A form of Social Work Practice which addresses social divisions and structural
inequalities…to provide more appropriate and sensitive services by responding
to people’s needs regardless of their social status. Anti-Oppressive practice
embodies a person-centered philosophy, an egalitarian value system concerned
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with reducing the deleterious effects of structure inequalities upon people’s
lives; a methodology focusing on both process and outcome; and a way of
structuring relationships between individuals that aim to empower users by
reducing the negative effects of hierarchy in…the work they do together”
(Dominelli, 2009 cited in AASW Code of Ethics, 2010, p.53)
Critical to the definition of Anti-Oppressive Social Work practice is the way in which
structural inequalities reduce the opportunity for individuals to exercise the full array of
their human rights. Dominelli (2002) states that Anti-Oppressive Social Work Practice
“focuses on those who are excluded from realizing their creative potential as a result of
disadvantaging contexts that they contend with daily” This particular element of the
theory will be used a central point of analysis. In analyzing the results of the study, one
asks the question about what impact current policies have on victims in their search for
protection and a viable future?
The nature of this study also touches on the varying experiences of victims based on
their engagement with the criminal justice system. Dominelli (2002) puts forward the
concept that “Oppression involves relations of domination that divide people into
dominant or superior groups, and subordinate or inferior ones” (p. 8) This is particularly
pertinent to the study, as the analysis will involve a cross comparison between one
victim who engaged with the criminal justice system and one who could not. The study
will look from this perspective offered by Dominelli (2002) and draw conclusions based
on the divide that was drawn between the two victims.
Another focal point of Anti-Oppressive Social Work Practice is the emphasis placed on
‘user-led intervention’. This is critical to the analysis and discussion in that results
ascertained from the case study participants will form the basis of suggested policy
reform. The idea of user-led intervention speaks to ideas of empowerment, social
justice and human rights. This study aims to give victims a voice and an opportunity to
suggest reform based on their experiences; “enabling users to play a greater role in the
design and delivery of services they require and (for) professionals to respond more
appropriately to the agendas they set” (Dominelli, 2002, p.5).
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van Wormer (2004) sees Anti-Oppressive Social Work Practice as “minimalising power
differences in society and maximising the rights to which all people are entitled” (p. 9)
This links with Dominelli’s (2002) position in that all individuals should be given the
resources they need to achieve their full potential.
The unique position that van Wormer (2004) holds in her writing is an analysis on Anti-
Oppressive Practice and Social Policy development. “Policy and practice are clearly
intertwined” (van Wormer, 2004, p.14). This is a critical point of analysis for the study,
in that the impact of policy impedes not only on Social Work practice, but also on a
victims ability to access resources and navigate the system. The investigation of the
impact of social policy is key to the study as one of the central tenets is to in fact assess
the impact of current policy on victims.
van Wormer (2004) too offers a view on social exclusion. This is angled more closely
toward policy development. “Social exclusion goes beyond the mere words ‘social’ and
‘exclusion’ into the political realm. Embodied in this concept is a framework
concerning political and economic process” (van Wormer, 2004, p.21) As stated earlier,
the assessment of policy on the victims experience is key to the study. It too assists to
answer the question introduced earlier, which is; what impact do current policies have
on victims in their search for protection and a viable future?
Racism is also an important element to be considered as part of Anti-Oppressive Social
Work practice, it leads to a consideration of culturally competent practice. Racism is a
distinct element of oppression and is arguably reflected in Australian Policy. The
concept of racism within the context of Anti-Oppressive Social Work Practice will be
used as another point of analysis and discussion in successive chapters of this study.
Culturally competent practice relates to both the way in which practitioners carry out
their work, and how policy is formulated. Culturally competent practice is central to this
study given the cultural background of the case studies being diverse. It also speaks to
the nature of Trafficking in persons as a whole, often individuals from culturally and
linguistically diverse backgrounds find themselves immersed in systems that are foreign
and may not be accommodating to a culturally diverse population. Racism and
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culturally incompetent practice stand as further avenues of oppression for victims of
trafficking in persons.
Like Dominelli (2002) van Wormer (2004) also offers perspective on structural
inequalities. However van Wormers (2004) emphasis is on ‘structural barriers rather
than individual pathology’ van Wormers (2004) thesis is influenced by Chapin’s (1995)
‘Inclusive Empowerment Approach’ “This approach underscores the need for client
perceptions of the situation to be clearly understood and incorporated…social policy
development from this perspective is a powerful tool for helping people attain social
and economic justice” (p.123)
Finally, the psychology of oppression will be considered in the analysis of the data set.
In particular van Wormer (2004) shares that concepts such as victim blaming, displaced
aggression and internalized oppression are pertinent in individual reactions to social
policy. These ideas will be considered in relation to current Australian policy looking
closely at their relevance to existing policy and development of new policy, and how
they can be considered in the development of social policy.
How is Anti-Oppressive Social Work Practice reflected in Social Work Practice?
Anti-Oppressive Social Work Practice is reflected in Social Work practice through the
core values of the profession. It is alluded to in the Australian Association of Social
Work Code of Ethics (2010) as a key practice standard.
To quote Dominelli (2002)
“Social Workers have a responsibility to challenge the grotesque image of poor
people and besides bringing to public notice the strengths of those who battle to
transcend social exclusion, to work to empower those who are engulfed in the
weight of circumstances in which they are embedded” (p.4)
One of the central objectives of the study is to do just that, to challenge and advocate for
policy reform based on the view of the victims. van Wormer (2004) sees Social Work as
adequately placed to challenge and confront oppression as it ”often sees firsthand the
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unintended consequences of social policies” (p.24) In this instance, the impact of
limited support options for victims of trafficking in persons.
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Chapter Three Research Methodology
3.1 Research Design
The research project is a qualitative study with the primary research method being two
case studies. Incorporated in the study are elements of participatory action research
(PAR) and reflexivity.
According to Merriam (2009) qualitative research methods are used within fields where
their core business is making enquiry and asking “questions about people’s lives” (p.6)
Furthermore qualitative research methods derive from “having an interest in knowing
more about ones practice and indeed in improving ones practice” (Merriam, 2009, p.1)
This demonstrates a clear fit between this research study, social work practice and its
chosen methodology.
The two case studies will be explored in conjunction with principles of PAR and
reflexivity through a critical social work lens. The study will explore responses to the
current victim support package, and will “critique, challenge, transform and empower”
(Merriam, 2009, Figure 2.1, p.38) the current response of the Australian Government to
victim support for trafficked people.
The PAR process aims to compliment the case study methodology in that issues
identified by the client group will be discussed with relation to determining outcomes
and final recommendations as a result of the study.
Case Study Methodology
A case study is an “empirical enquiry that investigates contemporary phenomenon
within its real-life context, especially when the boundaries between phenomenon and
context are not clearly evident” (Yin, 2008, p.18). Yin (2008) suggests that a case study
methodology can be used to “understand a real-life phenomenon in depth” (p.18)
This research study sets out to understand the reality of victim support for victims of
human trafficking; balanced against what is said by government departments and
33
academics about victim support. The case study methodology has been positioned to
provide a comparative analysis of support available to trafficked people. The two cases
assist the study in identifying the victim’s perspective of support offered to them, and
from this perspective put forward suggestions of policy reform.
The structure used in this study is laid out by Yin (2008). He states that there are five
key elements to a case study research design. These include: the study’s questions, its
propositions if any, its units of analysis, the logic linking the data to the propositions
and the criteria for interpreting the findings.
The case study methodology involves not only the two cases, but the analysis of pre-
existing literature and theory. The analysis of results will involve the incorporation of
theories of human rights and anti-oppressive social work practice. Each of these theories
offer both individual and societal analysis of results. The consideration of theory in the
case study research design is critical to the validity of the study’s design. (Yin, 2008)
Participatory Action Research
Wadsworth (1998) sees PAR as “action, reflection, raising of questions, planning of
fieldwork to review current (and past actions)-its conduct, analysis of experience
encountered, the drawing of conclusions and the planning of new and transformed
actions” (p.4) the research question for this study arose from my ongoing involvement
in the field and working with victims of trafficking in persons.
The overall objective of this study is to produce recommendations that will contribute to
an examination of the current implementation of victim support within the trafficking in
persons framework. “Most participatory action research sets out to explicitly study
something in order to change and improve it. It most often arises from an unsatisfactory
situation that those most affected wish to alter for the better” (Wadsworth, 1998, p.6).
The theoretical fit between PAR and this study is in the production of recommendations
derived from the two case studies.
Whilst it is acknowledged that a key element of PAR is the involvement of the research
participants actively engaging in all stages of the research process, the primary element
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of PAR relevant to this study is “reflective enquiry…and research whose purpose is to
enable action” (Baum, MacDougall and Smith, 2004, p.854). PAR principles are used in
conjunction with case study and reflexivity, as PAR principles cannot be employed in
their entirety. Participants have not been actively involved in the whole research
process.
Reflexivity
Another crucial consideration of this study is the element of reflexivity. Reflexivity
refers to
“An awareness of the researchers contribution to the construction of meanings
throughout the research process and an acknowledgement of the impossibility of