Reasserting Agency: Procedural Justice, Victim-Centricity, and the Right to Remedy for Survivors of Slavery and Related Exploitation

Schwarz, Katarina; Geng, Jing

Abstract

One of the biggest failings of contemporary regimes governing human exploitation is their treatment of ‘victims’. This paper roots narratives of victimhood and agency in the legal frameworks through analysis of the right to effective remedy in human rights and international law. Dominant characterisations of ‘victimisation’ are problematised and an alternative formulation - the ‘victim-agent’ - proposed in order to recognise agency and its abrogation, advocate for participation consistent with the demands of procedural justice, and contribute to meaningful redress.

Citation

Schwarz, K., & Geng, J. (2018). Reasserting Agency: Procedural Justice, Victim-Centricity, and the Right to Remedy for Survivors of Slavery and Related Exploitation. Journal of Modern Slavery, 4(2), 93-120

• Journal Article Type: Article
• Acceptance Date: Jul 15, 2018
• Online Publication Date: Dec 12, 2018
• Publication Date: Dec 12, 2018
• Deposit Date: Jun 17, 2020
• Publicly Available Date: Jun 18, 2020
• Journal: Journal of Modern Slavery
• Electronic ISSN: 2574-9897
• Publisher: SlaveFree Today
• Peer Reviewed: Peer Reviewed
• Volume: 4
• Issue: 2
• Pages: 93-120
• Public URL: https://nottingham-repository.worktribe.com/output/3974719
• Publisher URL: https://slavefreetoday.org/journal_of_modern_slavery/v4i2a5_Reasserting_Agency_%20Procedural_Justice_Victim_Centricity_and_the_Right_to_Remedy_for_%7BSurvivors_of_Slavery_and_Related_Exploitation_schwarz_geng.pdf