By Martina Prpic; Graphics: Giulio Sabbati

Human trafficking is a serious crime and a violation of human rights. It has been on the rise because of increasing mobility, the spread of internet use and the generally low risks and high profit involved. The true extent of the problem can only be estimated, as complete statistics are not available and data are difficult to collect. However, even without exact numbers, it can be observed that a victim's gender influences the likelihood, manner and purpose of their being exploited. Available data on the prevalence of human trafficking show that most victims are women and girls, although men and boys are registered as victims in increasing numbers, as are transgender people. Sexual exploitation is by far the number one purpose of trafficking in women, while forced labour is the main purpose of trafficking in male victims. The leading factors that contribute to trafficking in women are their vulnerability, particularly as a consequence of violence, and demand for their sexual services. Traffickers usually exploit the dire economic situation of people searching for a better life abroad. The internet plays an important role, as does migrant smuggling. Sex trafficking also has an impact on how EU Member States legislate for prostitution, as authorities are aware that many people may not engage in prostitution willingly. The EU has adopted key instruments to tackle trafficking in human beings. In line with international standards, these instruments take a victim-centred approach and recognise that support and protection of victims, as well as prevention, should be gender-specific. In the most recent legislative instruments, the crime's digital dimension has been given more attention. The European Parliament is playing an important part in shaping EU policies in the field, and has pushed for more progress. This updates a briefing written by Anja Radjenovic and Sofija Voronova in 2016.

Brussels: EPRS | European Parliamentary Research Service, 2024. 10p.

By Györgyi Mácsai and Maria-Margarita Mentzelopoulou

Child migration takes many forms, from family reunification and moving in the hope of finding a better life to forced and traumatic migration caused by conflict, poverty or climate change. Overall, the number of migrant children has been rising globally since the turn of the century. In 2020, there were an estimated 35.5 million international migrant children globally, the largest number ever recorded. This infographic focuses exclusively on forced and irregular movements of migrant children to the EU. According to Eurostat, on 1 January 2023 around 7.4 million children in the EU under the age of 18 did not have the citizenship of their country of residence.

  Brussels: EPRS | European Parliamentary Research Service, 2024. 6p.

By Unions NSW

This report on workplace exploitation and the experience of migrant women living in Australia on temporary visas identifies an unacceptable level of sexual harassment, exacerbated by visa status, and calls for immediate policy action. The report makes recommendations to create a safer and more equitable working environment for migrant women.

The study underscores the need to implement policy changes that target intersecting issues experienced by migrant women in Australia. Migrant women on temporary visas are forced to endure sexual harassment in silence due to numerous factors, including uncertainty regarding their immigration status, precarious work, and racial and gender workplace discrimination. The research also underscores the need to allocate more resources to developing services to provide advice, education, and training to empower migrant women to report sexual harassment.

Key findings

• 51% of respondents reported having experienced sexual harassment at work.

• Sexual harassment was commonly reported in the construction, hospitality, horticulture, retail, and cleaning industries.

• 82% of respondents who worked in the construction industry experienced sexual harassment.

• Participants experienced a range of repercussions when they tried to defend themselves, rejected the behaviour or reported the harasser’s conduct.

• 48% working in the construction and horticulture industries decided to leave their job because they felt unsafe.

• 50% of those who experienced workplace sexual harassment were concerned that reporting could result in losing their job, and 75% did not report the incident.

Recommendations

1. Migrant worker centres should be established in each state.

2. Culturally appropriate education and training should be developed in each state in collaboration with migrant worker groups.

3. Implement a legal framework and policies to protect migrant women.

4. Develop reporting pathways that reflect the needs of migrant women.

5. Introduce reforms to ensure migrant women have access to existing legal avenues to address sexual harassment.

6. Facilitate migrant women's access to employment opportunities.

7. Provide temporary migrant women with visa protections to ensure they can report sexual harassment without fear of visa cancellations or other negative impacts to their immigration status.

8. Remove the requirement for working holiday makers to undertake ‘specified work’ in regional areas.

9. Remove the working hours cap on student visas.

Sydney: Unions NSW, 2024. 56p.

By Rachel Rein

This Note explores human trafficking in the United States through Disability Critical Race Studies (DisCrit). First, the Note offers background on trafficking and applicable federal law. The Note shows that not only does trafficking disable people, but that people with preexisting disabilities are especially at risk for trafficking. Next, the Note indicates that trafficking law follows a Law-and-Order framework that retraumatizes marginalized survivors. Then, the Note introduces DisCrit and justifies its use for anti-trafficking advocacy. Finally, the Note applies DisCrit. By looking at trafficking law through DisCrit, it becomes clear that trafficking law must work with—not against—survivors to end human suffering.

42 Colum. J. Gender & L. 183 (2022).

By Nina Rabin

This Article describes the ways in which prolonged states of legal limbo have grown more precarious, and thereby subordinating, under the Trump administration. Liminal forms of status have long been a feature of U.S. immigration law. But under the Trump administration, legal limbo grew both in prevalence and precarity. Due to Trump’s pursuit of an aggressive enforcement agenda, the legal system has become so overwhelmed that non-detained immigrants find themselves in protracted removal proceedings that routinely last for years. During this time, immigrants are consigned to a marginalized existence that harms their long-term ability to achieve social and economic mobility and integration. In this way, legal limbo has become increasingly tied to the creation and maintenance of a caste system in U.S. society. This Article offers a new conceptual framework, the “spectrum of precarity,” to analyze how and to what extent various types of liminal legal status in immigration law marginalize immigrants. Application of this spectrum to the states of limbo experienced by immigrants under the Obama and Trump administrations reveals very different approaches and outcomes. President Obama created liminal forms of legal status through specific policies and programs: administrative closure and the Deferred Action for Childhood Arrivals program (DACA). These efforts were explicitly designed to provide immigrants with a measure of social integration, along with protection from deportation. In contrast, immigrants in the Trump Era found themselves in limbo due to ballooning backlogs in the over-burdened legal immigration system. As a result, at the close of the Trump administration, immigrants with pending visas and asylum-seekers live in a state of prolonged uncertainty and fear that forces them into a marginalized existence in the shadows. This state of affairs poses a challenge for removal defense attorneys of non-detained immigrants, and calls into question the due process framework that often serves as a guiding structure for advocates in the immigration system. Due process, with its focus on discrete legal events and its failure to pay sufficient attention to the passage of time, risks causing attorneys to become accomplices in the creation of caste. Instead, in the current dysfunctional and disempowering legal immigration system, removal defense attorneys must seek to counterbalance the marginalizing effects of legal limbo on their clients’ daily lives and future trajectories through multi-faceted, interdisciplinary, and community-based models of lawyering.

35 Geo. Immigr. L.J. 567,569. 2021.

By Jonathan Booth

Privately managed detention centers hold the majority of detained immigrants in Immigration and Customs Enforcement (“ICE”) custody. Coerced detainee labor in these for-profit facilities is commonplace. The practice contributes significantly to the financial viability of CoreCivic and GEO Group, the two corporations which manage most ICE detention centers, but it violates the prohibition on forced labor contained in the 2000 Trafficking Victims Protection Act (“TVPA”).

Despite a growing field of scholarship on “crimmigration” and proposals to abolish immigration detention, or on its extraterritorial application. Because practitioners, rather than scholars, were the first to recognize that the TVPA’s prohibition of forced labor applies to private detention centers, there has been little scholarly analysis of the application of the TVPA to forced labor within detention facilities.

This Article provides the first scholarly assessment of a wave of pending class action lawsuits challenging forced labor in privately managed ICE facilities under the TVPA. It concludes that such lawsuits are likely to succeed, given the facts known about conditions in for-profit immigrant detention facilities and the broad text and favorable legislative history of the TVPA. If the plaintiffs win a favorable jury verdict or a far-reaching settlement, the cases may cause fundamental changes to the current system of mass immigration detention.

Part I of this Article examines the rise of for-profit detention in the United States and shows that detaining immigrants is now a central business of forprofit detention corporations. Next, Part II describes the labor policies within ICE detention that plaintiffs in these lawsuits allege amount to forced labor and thus violate the TVPA. Part III turns to the TVPA itself and analyzes its text, legislative history, and applicability to class actions. Part IV argues that its text and legislative history demonstrate that the TVPA covers forced labor claims within for-profit immigrant detention facilities and that such claims, if successful, could transform the business of detaining immigrants. Finally, Part V argues that publicly available information, including that revealed through discovery in these lawsuits, makes it likely that plaintiffs will prevail at trial.

35 Georgetown Immigration Law Journal 573 (2020)

By Carme COLOMINA, Héctor SÁNCHEZ MARGALEF, Richard YOUNGS

Around the world, disinformation is spreading and becoming a more complex phenomenon based on emerging techniques of deception. Disinformation undermines human rights and many elements of good quality democracy; but counter-disinformation measures can also have a prejudicial impact on human rights and democracy. COVID-19 compounds both these dynamics and has unleashed more intense waves of disinformation, allied to human rights and democracy setbacks. Effective responses to disinformation are needed at multiple levels, including formal laws and regulations, corporate measures and civil society action. While the EU has begun to tackle disinformation in its external actions, it has scope to place greater stress on the human rights dimension of this challenge. In doing so, the EU can draw upon best practice examples from around the world that tackle disinformation through a human rights lens. This study proposes steps the EU can take to build counter-disinformation more seamlessly into its global human rights and democracy policies.

Brussels: European Parliament, Policy Department for External Relations Directorate General for External Policies of the Union, 2021. 84p.

By Danielle Blunt and Ariel Wolf

This short article presents in brief the findings of a community-based, sex worker-led survey that asked sex workers about their experiences since the closure of Backpage and adoption of FOSTA. It shows that the financial situation of the vast majority of research participants has deteriorated, as has their ability to access community and screen clients. It concludes that FOSTA is just the latest example of the US government using anti-trafficking policy and restrictions on technology to police already marginalised people.

Anti-Trafficking Review, (14), 117–121. https://doi.org/10.14197/atr.201220148

By BRIAN BLACKWELL, COLIN CAPRARA, JANEY ROUNTREE, ROBERT SANTILLANO, DANA VANDERFORD, CLAIRE BATTIS

Homelessness continues to be a major problem in California, and new approaches to addressing it are urgently needed. This report brings to light an innovative predictive model for homelessness prevention that is showing promising results. The data reveals that this approach — being used for the first time in California and the United States — reaches individuals who are outside of the usual preventive safety net at critical junctures in their lives. Timing is everything — and the Homelessness Prevention Unit connects at-risk people to crucial services and support that could help them avoid homelessness. Consider the scope of the problem: more than 75,000 people experience homelessness in Los Angeles County on any given night in 2024. This represents a 9% increase since 2022 and a 43% increase since 2018. Clearly, long-term solutions to homelessness require not just housing people experiencing homelessness but also preventing homelessness before it occurs. A statewide survey in California revealed that most people experiencing homelessness believe that a one-time payment of $5,000 to $10,000 would have resolved their rapidly escalating financial crises and prevented them from experiencing homelessness. Existing homelessness prevention programs typically include one-time cash assistance ranging on average between $1,000 to $5,000 and short-term direct services such as legal assistance. Several studies have found this approach to be effective at reducing homelessness. Yet research also highlights how difficult it is to ensure that scarce prevention resources primarily reach people who will experience homelessness if they do not receive this help. In partnership with Los Angeles County, the California Policy Lab (CPL) is researching strategies to address this challenge, including developing a data-driven predictive model that can proactively identify people at highest risk of experiencing homelessness. In many prevention programs, participants self-identify as being at risk of homelessness and are then screened into programs based on eligibility criteria or surveys that ask questions about risk factors. CPL’s predictive model, however, analyzes de-identified data to proactively identify people at high risk of homelessness. Our research finds that people identified by the predictive model are not connected to typical prevention programs, indicating that both approaches are valuable and reach different people. To test whether this model could be used to better target prevention resources, in 2020, Los Angeles County created the Homelessness Prevention Unit (HPU) operating out of the Housing for Health division of the Department of Health Services (DHS) in close collaboration with the Chief Information Office (CIO) and Department of Mental Health (DMH). A County seed funding investment in the HPU made it possible to pilot an innovative approach to homelessness prevention that offers flexible cash assistance and tailored case management to individuals and families predicted by CPL’s model to be at the highest risk of experiencing homelessness. Because the HPU is located within the Los Angeles County health system, CPL’s model is focused on people who recently received DHS or DMH services and who are observed as stably housed in County administrative data. This group includes nearly 100,000 people over the course of a year (the “eligible population”). CPL uses the model to produce lists multiple times a year of people with the highest risk of homelessness. The lists are anonymized and rank-ordered from highest to lowest risk of homelessness. CPL sends the high-risk lists to the CIO, where County staff match each person’s anonymized record to a County medical record ID. The CIO then transfers the lists to the HPU so that they can identify names, addresses, and contact info of the patients listed. HPU staff then screen out some people on the risk lists that other data sources indicate are currently experiencing homelessness and are therefore ineligible. For eligible individuals, HPU staff attempt to contact them, and, if they are willing, enroll them in the intervention. The HPU serves between 400 to 600 people per year. The intervention includes rapidly delivered, flexible cash assistance, tailored case management, and referrals to other services, such as mental health care, workforce development, and legal services. This policy report provides an overview of: (1) CPL’s predictive model, including data sources and engineering; (2) the equity of the predictive model; (3) outreach and enrollment in the HPU; (4) the HPU’s design and service model; and (5) how CPL will evaluate the impact of the HPU program in a randomized control trial

Los Angeles: The California Policy Lab , 2024. 50p.

By Organization for Security and Co-operation in Europe

In the digital age, technology serves as both a powerful tool for empowerment and a potential instrument for criminal activities, particularly in human trafficking. Traffickers exploit technological advancements for purposes such as online recruitment, victim control, and transferring illicit proceeds. However, these same technologies present opportunities for law enforcement and civil society to combat trafficking and protect victims. This report summarizes a set of policy recommendations discussed and made by anti-trafficking stakeholders from OSCE participating States during a series of sub-regional workshops organized in 2023 by the Office of the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.These policy recommendations aim at leveraging technology effectively to counter trafficking.

Vienna: OSCE, 2024. 22p.

By Alexandra Flynn, Estair van Wagner, Heidi Kiiwetinepinesiik Stark

Encampments are a vivid illustration of the failure of governments in Canada to meet their human rights obligations to ensure everyone has access to adequate housing. The 2020-2022 point-in-time count showed a 20% increase in homelessness overall and an 88% increase in unsheltered homelessness from 2018. The right to housing is inherently linked with the fulfillment of other human rights and with basic human dignity. Thus, where the right to housing is violated, other human rights are often violated. Advocacy for the human rights of encampment residents then necessarily implicates a wider set of human rights. Legal advocacy is therefore a necessary part of a broader movement to realize human rights for all people. Canadian jurisprudence has centered on the right to life, liberty and security of the person protected by section 7 of the Charter of Rights and Freedoms, interpreted as freedom from government actions such as encampment removals. However, the rights involved draw from other sources of laws, including Indigenous and international legal frameworks. In this report we focus on the existing case law and legal strategies. Our objective is to identify arguments used to date, as well as opportunities for future legal advocacy on the issue of encampments.

Given the context of colonial dispossession and the vast overrepresentation of Indigenous Peoples in the unhoused population we highlight the relationship between the right to housing and Indigenous rights, both from a colonial Canadian legal perspective and from an Indigenous legal perspective. While we point to opportunities to engage with legal tools within the Canadian colonial legal system where they may be strategic and useful, we acknowledge the limitations of these tools. Therefore, we also highlight opportunities to connect advocacy about encampments with Indigenous legal orders and jurisdiction, including work being done by groups engaged in or considering litigation or advocacy on encampments. While there is limited research on the role of Indigenous law in encampments at present, in our view, this is an urgent area of advocacy to find long-term, sustainable, and human rights-compliant solutions to homelessness.

This report starts from the recognition that encampment residents are rights-bearers and must be centered in discussions on how to move forward. While it does not include testimony from those with lived experience it is informed by the long history of advocacy inside and outside of courtrooms by people unhoused people themselves and in partnership. This is critical in the context of encampments: when unhoused people claim public or private space to meet their basic needs it is essential that we acknowledge and respect their dignity and agency. Encampment residents are experts in their own lives. As we explain, meaningful engagement is the foundation of any human rights-based response. This includes respecting the structures of decision making that emerge in encampments, the trusted advocacy relationships developed with those around them, and principles of fairness that guarantee particular rights.

This report has been drafted to help inform legal practitioners and advocates about the state of jurisprudence in Canada relevant to homeless encampments. It highlights some of the limitations of jurisprudence to date and points to opportunities for future legal advocacy, highlighting the need to integrate Indigenous legal traditions.

Part One provides a background on the meaning of a human rights approach and the regulation of encampments in Canada.

First, we detail the connections between the right to housing and encampments in the Canadian context. We define what we mean by adequate housing, where the progressive realization of the right to housing comes from under Canadian and Indigenous legal frameworks, and provide a three-part framework for considering the right to adequate housing.

Second, we outline the current system of regulation of encampments in Canada. We explore the regulation of encampments based on international and domestic laws, highlighting that jurisdictionally fractured set of rules each seek to govern encampment residents, exacerbating their vulnerability. In this section, we distinguish between constitutional protections, legislation and bylaws that protect encampment residents, and those that seek to displace them.

Part Two sets out advocacy and litigation strategies in relation to encampments.

Third, we outline advocacy efforts in relation to encampments. In this section we explain the many ways in which advocates are seeking change in local policy-making, law reform, and enforcement. These efforts may - but do not always - rely on court decisions, and legal challenges are but one tactic used to advance the interests of encampment residents.

Next, we set out the case law concerning encampments, explaining the different approaches that have been taken since the seminal case, Adams v Victoria, was decided in 2009 setting out the current framework used by the courts. We explain court decisions in relation to injunction applications mainly brought by municipalities, Charter arguments, judicial review applications, shelter standards, public private property distinctions, and challenging enforcement. These cases were all decided between Adams and 2022.

We conclude by summarizing the legal framework related to encampments, with the gaps and opportunities for realizing a right to housing for those experiencing the most profound violation of that right, homelessness.

Ottawa: Office of the Federal Housing Advocate, Canadian Human Rights Commission, 2024. 56p.

By Tina Magazzini, Marina Eleftheriadou, Anna Triandafyllidou

This open access book explains why southern European countries with significant Muslim communities have experienced few religiously inspired violent attacks – or have avoided the kind of securitised response to such attacks seen in many other Western states. The authors provide a unique contribution to the literature on violent extremism – which has traditionally focused on countries such as France, the US and the UK – by studying the causes of relatively low rates of radicalisation in Greece, Italy and Spain. The book explores many of the dynamics between (non) radicalisation and issues such as socioeconomic inequality, experiences of conflict, and systemic racism and other forms of discrimination. It establishes a new analytical framework for the development of, and resilience against, violent radicalisation in the region and beyond.

Cham: Springer Nature, 2024. 133p.

By American Immigration Council

The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States.” The 1898 Supreme Court case of United States v. Wong Kim Ark established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment in that it cemented birthright citizenship for children of all immigrants. For over a century, anyone born on U.S. soil has automatically been conferred citizenship at birth regardless of their parents’ immigration or citizenship status. While most legal scholars across the political spectrum have maintained that the Fourteenth Amendment interpreted through Wong Kim Ark unequivocally extends birthright citizenship to anyone born in the United States, anti-immigrant political factions have pushed to restrict birthright citizenship—primarily, attempting to deny it to children born in the United States to undocumented immigrant parents. In 2019, then-President Donald Trump announced to reporters that he was looking “very seriously” at ending birthright citizenship, a warning that lacked details and did not come to fruition.

This fact sheet explains:

• What Is Birthright Citizenship?

• The Fourteenth Amendment and Its Interpretations.

• Who is Eligible for Birthright Citizenship?

• Can Birthright Citizenship Be Taken Away?

Washington, DC: American Immigration Council, 2024. 12p.

By Alexandra Gannoni and Samantha Bricknell

The Human Trafficking and Modern Slavery National Minimum Dataset (HTMS NMDS) is a national data collection on suspected victim‑survivors and perpetrators of modern slavery in Australia. This report describes the findings of the HTMS NMDS pilot data collection, conducted over six months from 1 July to 31 December 2022.  

Statistical Report no. 48. Canberra: Australian Institute of Criminology.2024. 41p.

Edited by Santino Regilme, Salvador F.

More than three decades have passed since the United Nations adopted the Convention on the Rights of the Child, yet children's rights and dignity still confront profound challenges worldwide. This book delves deep into this complex issue, meticulously examining the causes and consequences of contemporary crises in children's rights and welfare. Distinguishing itself from conventional literature and public discourse on human rights, this multidisciplinary volume offers an unparalleled global and interdisciplinary perspective. It defies traditional disciplinary boundaries, embracing an analytically eclectic and interdisciplinary approach to comprehending the intricate challenges faced by children today. This book wholeheartedly acknowledges that the issues affecting children are intricately interwoven within an intricate web of social, cultural, and historical factors, thereby requiring a holistic and problem-centric viewpoint. Far from the mainstream narrative, this anthology spotlights the frequently overlooked crises in children's rights, bringing to light those thematic and policy blind spots that have languished in obscurity. It champions an unyielding global and transnational outlook, recognizing that the contemporary predicaments confronting children are not solely products of local or national influences but are profoundly shaped by the forces and interactions of a global scale. This book uniquely contributes to children's rights scholarship by exploring children's rights and dignity through a broader lens, emphasizing the impact of politics, culture, social conflicts, and geographic variations. This timely and indispensable work serves as an invaluable resource for scholars, policymakers, and advocates dedicated to advancing the cause of children's rights on the grand stage of global governance.

Manchester, UK: Manchester University Press, 2024.

By Michael Krennerich

The book offers a comprehensive and clear introduction for students and those interested in human rights, written by a renowned human rights expert. It not only provides an introduction to the diversity of issues, actors, and institutions in human rights policy and politics but also offers assistance and suggestions on how the complex reality of human rights politics can be described and analyzed with the help of political science and related disciplines. It deals with civil society engagement in human rights as well as state obligations and international efforts to protect human rights. This is an open-access book.

Cham: Springer Nature, 2024. 180p.

By Sotoudeh, Nasrin

The Laurence and Lynne Brown Democracy Medal, presented by the McCourtney Institute for Democracy at Penn State, recognizes outstanding individuals, groups, and organizations that produce innovations to further democracy in the United States or around the world. Nasrin Sotoudeh is an Iranian lawyer and human rights activist who has been called "Iran's Nelson Mandela." Sotoudeh is a longtime opponent of the death penalty, an advocate of improving imprisonment health conditions, and an activist dedicated to fighting for the rights of women, children, religious and ethnic minorities, journalists and artists, and those facing execution. As a result of her advocacy, Sotoudeh has been repeatedly imprisoned by the Iranian government for crimes against the state; she served one sentence from 2010 to 2013 and was sentenced again in 2018 to thirty-eight years and six months in prison and 148 lashes. Her work has been featured in the 2020 documentary Nasrin, by filmmakers Jeff Kaufman and Marcia S. Ross. For this important work, she is the recipient of the 2023 Brown Democracy Medal from the McCourtney Institute for Democracy, marking the award's tenth year.

Ithaca, NY: Cornell University Press, 2023. 83p.

By U.S. Department of Justice,  Office of Justice Programs,  Bureau of Justice Statistics

This report details ongoing and completed efforts to measure and analyze the nationwide incidence of human trafficking, to describe characteristics of human trafficking victims and offenders, and to describe criminal justice responses to human trafficking offenses. The report provides information on human trafficking investigated and prosecuted by U.S. attorneys, human trafficking defendants convicted and sentenced to federal prison, and admissions to state prison for human trafficking.

Highlights

• A total of 1,912 persons were referred to U.S. attorneys for human trafficking offenses in fiscal year 2022, a 26% increase from the 1,519 persons referred in 2012.  

• The number of persons prosecuted for human trafficking more than doubled from 2012 to 2022 (from 805 to 1,656 persons). The number of persons convicted of a human trafficking offense increased from 578 persons in 2012 to 1,118 persons in 2022. 

• Of the 1,070 defendants charged with any of the three types of human trafficking offenses in U.S. district court in fiscal year 2022, 91% were male, 58% were white, 20% were black, 18% were Hispanic, 95% were U.S. citizens, and 71% had no prior convictions. 

• Of the 203 defendants charged with peonage, slavery, forced labor, and sex trafficking, 69% were male and 53% were black. In comparison, of the 523 defendants charged with sexual exploitation and other abuse of children, 94% were male and 71% were white.

Washington, DC: U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics 2024. 7p.   

By John Power,  Sean Phillips, Stuart Carroll

The scale and volume of challenges facing the new ministerial team at the Department of Health and Social Care (DHSC) necessitates a significant turnaround operation to enhance NHS productivity and performance. Indeed, the Secretary of State for Health and Social Care used his first public statement to reflect that “the policy of this department is that the NHS is broken”. Amid operational pressures (including long waits for care), poor patient satisfaction (at its lowest levels since the early 1980s), high-profile cases of abuse and anaemic productivity growth since the pandemic, the way that the NHS is managed and led is back firmly in the spotlight. The work of managers – particularly non-clinical, operational managers – working across the NHS is often invisible to the public, but touches almost every aspect of health and care delivery from the implementation of electronic patient records and upgrading the hospital estate to planning rotas for doctors and nurses. Yet the present debate concerning health and care management is often driven by a weak or anecdotal evidential basis. In a recent interview, the Health Secretary reflected he was “unconvinced by the majority of research…which suggests the NHS is under-managed”. A recent study concludes that “there is little existing evidence to support either this narrative or counterclaims.” As the 2015 Smith Review noted, management capacity and capability is “under examined” in healthcare planning. Politicians (of all stripes) alongside commentators in the media have in recent years blamed poor performance on “NHS managers”, whilst holding more positive opinions about “front line” staff. A recent analysis from the Policy Unit at King’s College London reveals half of the public believe there are “too many managers in the NHS”.. Some healthcare professionals also reflect this view, perceiving non-clinical managers to be a challenge to professional autonomy and authority. In the public policy debate, too much emphasis is placed on discussion about the volume of managers working in the NHS: the narrative that either simply expanding the headline numbers of ‘managers’ or in scaling back a ‘bloated bureaucracy’ will deliver the necessary service improvement and efficiency gains. A greater focus on management capability is needed, as is a deeper understanding of the permissions and incentives which enable or inhibit improved performance and productivity. We also need to re are employed between NHS England (NHSE) and DHSC. In addition to this, the recently-published Independent Review of NHS Performance, authored by Lord Darzi, finds that “regulatory type organisations now employ some 7,000 staff, or 35 per provider trust, having doubled in size over the past 20 years”. The “right balance of management resources in different parts of the structure” is needed, he concludes. Such an assessment must not fix its attention solely upon the management of hospitals (as important as this is) but must also consider the requirements of the healthcare system as a whole – particularly primary and community healthcare services whose management and leadership requirements are less frequently discussed in policy debates, but where expectations for the transformation of services are great and there are unique challenges and circumstances to be addressed given these are far more devolved and dispersed care settings. Moreover, we should not solely investigate roles, but must also consider the architecture and “organisational culture” which influences activity within the NHS as well as the NHS’s interaction with Government departments and arms-length bodies. The focus and purpose of this report, therefore, is two-fold: 1. Firstly, to present a more detailed portrait of the state of NHS management today to inform the discussion around about future reform. How is management distributed across the country and across organisations? Would a greater volume of managers overall deliver improved performance? Are there particular skillsets we are lacking? 2. Secondly, to set out the case for change and to make a series of recommendations for reform.  

London: Policy Exchange, 2024. 62p.

By Vinícius Venancio

Inspired by Lélia Gonzalez’s essay “Racism and Sexism in Brazilian Culture”, this working paper turns to another post-colonial nation, Cape Verde, and analyzes two case studies that shed light upon how the intersection between race and gender produces specific forms of violence in the bodies and souls of men and women from continental Africa living in the capital, Praia. The first case examines personal stories of young women who are exploited for their domestic labor; while their relationship with their employer is presented using the discourse of kinship, their situation is more akin to slavery. The second case looks at attacks on and murder of Bissau-Guinean men; the brutality of the violence and the lack of public attention demonstrate how some lives are considered more valuable than others. Both cases illustrate the degree to which race and gender continue to operate as social markers of domination in the lives of immigrant populations who are seen as blacker than the locals in Cape Verde.

Working Papers v. 213 (2024): 1-24.