Human Trafficking Governance in Peru

Structural vulnerability and the limits of the penal paradigm in subsistence economies

Abstract

Human trafficking reveals a persistent tension between the sophistica-tion of the international normative framework and the limited operational effectiveness of state responses, particularly in contexts where exploitation is embedded in subsistence economies. This article aims to analyses the configuration of the legal-institutional response to human trafficking in Peru by contrasting the transnational organized crime paradigm with the empirical dynamics of exploitation, in order to identify the factors that condition its operational effectiveness. The study adopts a qualitative socio-legal approach, with an analytical-comparative design and explanatory scope, based on documentary analysis and the examination of regional governance models. The findings reveal a structural mismatch between normative typification and pre-vailing forms of exploitation, alongside institutional deficits that constrain system effectiveness. It is argued that the current penal-centered framework is insufficient to address structurally embedded vulnerability. The article concludes that an effective response requires a shift towards a socio-labour governance model that addresses struc-tural vulnerability andstrengthens the substantive protection of rights.