ABSTRACT

The term 'collateral damage' came into general use in 2003, during the US bombing campaign preceding the invasion of Iraq, to refer to civilians who were killed or injured unintentionally. The adverse human rights impacts of anti-trafficking measures had been noted by UN representatives and specialist non-governmental organisations (NGOs) in the late 1990s, before the UN Trafficking Protocol was adopted. Global Alliance Against Traffic in Women's (GAATW)'s 2007 anthology reviewed anti-trafficking measures in eight countries. Some action has been taken since the publication of the 2007 GAATW anthology to reduce the collateral damage that it highlighted. The complicated definition of trafficking in persons in the Palermo Protocol, containing three elements, such as, an action, an abusive means (only in the case of adults, but not children), and an exploitative purpose, has routinely been difficult for investigators and prosecutors to prove in court. Mexico has adopted two successive laws against trafficking in persons, in 2007 and 2012.