Migrant sex work
Sex work and sex trafficking conflation is also a heavily debated legal topic. Several scholars argue that existing legal provisions aimed at combating human trafficking, such as the U.S. Trafficking Victims Protection Act and the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, do not adequately account for the variety of sex worker conditions and contexts, voluntary or involuntary. For instance, Filipina hostesses who migrate to Japan to work as entertainers must give up their legal documents to their recruiters during the migration process. While the law considers the process of giving up a passport to a third party intermediary as a condition of human trafficking, several scholars, activists, and the sex workers themselves do not regard this to be human trafficking, particularly when individuals consent to this component of the migration process.
Sex workers' rights
Sex worker advocates who are fighting for legalization or decriminalization of prostitution contend that criminalizing consensual sex acts among adults creates a black market which worsens the problem of forced human trafficking rather than reducing it. They decry the paternalistic attitude of what they disparagingly call "rescue missions", law enforcement raids that regard all sex workers as in need of "saving" fail to distinguish the minority of sex workers who are coerced from the vast majority who engage in sex work voluntarily. Furthermore, liberal feminists such as Ronald Weitzer and Gayle Rubin, argue that the definition of sex work as inherently violent has created a “moral panic” that influences political discourse. They contend that this "panic" has led to the construction of a trafficking victim who may actually be a woman migrating for work. These feminists argue that this can backfire because it does not protect those women who voluntarily enter into sex work.