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Eradicating contemporary forms of slavery from supply chains 2015, para. 68e
- Paragraph text
- [Against this backdrop, the Special Rapporteur wishes to make the following recommendations to States:] States must ensure that those affected by business-related human rights abuse, including victims of forced labour and other contemporary forms of slavery, have the right to an effective remedy by taking appropriate steps to ensure the effectiveness of judicial mechanisms, providing effective and appropriate non-judicial grievance mechanisms, facilitating access to effective non-State-based grievance mechanisms and reducing barriers that could deny access to remedy for victims;
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Manifestations and causes of domestic servitude 2010, para. 95
- Paragraph text
- [In the case of live-in domestic workers, the identity of work place and home is deeply problematic as it makes this group dangerously isolated. In order to limit and regulate live-in domestic work, States should:] Provide the labour authorities with the necessary legal powers, expertise and resources to carry out on-site inspections, based on a judicial order, in cases of credible allegations of serious violations of labour standards. The police should prioritize investigations of reported crimes affecting live-in domestic workers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 69e
- Paragraph text
- [In relation to businesses, the Special Rapporteur recommends the following:] Businesses should provide for or cooperate in remediation by establishing or participating in an operational-level grievance mechanism, in accordance with the Guiding Principles on Business and Human Rights, and cooperate with State-based judicial and non-judicial grievance mechanisms. The approach adopted by businesses in providing for a timely and effective remedy should be community-based and inclusive of, for example, public and/or non-governmental service providers with expertise in working with victims of contemporary forms of slavery;
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Adopt specific provisions to criminalize servitude in all its forms and manifestations, including bonded labour, child and forced marriages and other so-called "cultural" practices; prosecute and punish perpetrators with due diligence and ensure that victims can obtain reparation for material and immaterial loss from perpetrators.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 89
- Paragraph text
- Governments must create long-term and nationwide awareness campaigns to disseminate information about relevant laws and risks of slavery, and mechanisms to detect, report and combat it must be widely disseminated to all stakeholders, not just to workers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 93
- Paragraph text
- International organizations should also support government efforts to build law enforcement capacity within public institutions; raise awareness of relevant stakeholders; build broad-based support for policies to eliminate contemporary slavery; develop and implement measures to assist victims of exploitation and prosecute perpetrators; and lead mobilization efforts for further financing and support.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 94
- Paragraph text
- Without sustained assistance from the international donor community, national Governments will lack the resources they need to effectively challenge the diverse and complex forms of abuse described in the present report.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 88c
- Paragraph text
- [Governments should also ensure that other institutions and stakeholders are appropriately resourced and trained to detect, report and prosecute cases, including by providing:] Promoting greater public awareness of contemporary forms of slavery and the labour and human rights of workers and citizens; and
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 78
- Paragraph text
- In recent years, contemporary slavery has drawn increasing attention from Governments and stakeholders around the world, although this attention remains insufficient to the task of its eradication. A number of international instruments have defined and prohibited, inter alia, debt bondage, serfdom, servile marriage, child slavery, forced labour and traditional forms of slavery.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 91
- Paragraph text
- To effectively tackle the contemporary forms of slavery, Governments at national and sub-national levels need sustainable, reliable and systematic assistance both of a technical and financial kind.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 67
- Paragraph text
- The present report provides an indication of some of the challenges in enforcing accountability of States and businesses for preventing, mitigating and redressing contemporary forms of slavery in supply chains. The framework emerging from the United Nations system has provided greater clarity on how to operationalize the responsibility of business to respect human rights, including through conducting human rights due diligence, and the obligations of States to address business-related human rights abuses. The passing of national laws, which reflect an increasing global concern with transparency, reporting and human rights due diligence obligations that add to the accountability tool belt, is to be applauded. So are the businesses' human rights policy commitments, although loopholes exist in terms of their enforcement, and the important role played in the combat against contemporary forms of slavery in supply chains by other stakeholders, including civil society actors, such as non-governmental organisations, trade unions, foundations and consumers, as well as international organizations and the media. While these developments are notable, important gaps still exist in terms of effective access to justice and adequate and prompt remediation for victims of contemporary forms of slavery in supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Take all necessary effective measures to ensure appropriate and effective remedies for victims of debt bondage, as established under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Manifestations and causes of domestic servitude 2010, para. 79
- Paragraph text
- Even where there are laws and contracts that are meant to protect domestic workers, they are often inadequately enforced. Sometimes employers do not even have to register live-in domestic workers. There are no meaningful complaints mechanisms or the authorities fail to adequately follow up complaints. In many countries, the authorities also lack the legal power or human resources to follow up violations taking place in private homes. A positive exception is Uruguay, where the Labour and Social Security Inspectorate can obtain judicial authorization to conduct home inspections in cases of presumed labour law violations; the inspectorate has created a special section to monitor domestic work. Other countries require that employers ensure that live-in domestic workers attend periodic, private interviews with labour inspectors. This breaks their isolation and allows them to report abuse and exploitation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Servile marriage 2012, para. 32
- Paragraph text
- On 22 February 2008, in Prosecutor v. Brima et al, the Special Court for Sierra Leone recognized forced marriage as a crime against humanity under international criminal law for the first time. The Court confirmed that forced marriage involved a perpetrator compelling a person by force or threat of force, through words, or conduct of the perpetrator, or anyone associated with him, into a forced conjugal association resulting in great suffering or serious physical or mental injury on the part of the victim. It concluded that forced marriage might also include one or more international crimes such as enslavement, imprisonment, rape, sexual slavery and abduction.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 62
- Paragraph text
- Despite notable improvements in recent years, gaps in legal and regulatory protection for the human rights of victims of contemporary forms of slavery exist in a number of countries. This has a significant impact on enforcing corporate legal liability. In many cases, States also lack an integrated approach to criminal, labour and human rights laws, which impedes law enforcement and prevents effective investigation and prosecution of abuses. Where the legislative framework does exist, in some instances this is affected by lengthy legal proceedings and corruption, including bribery, which means that access to remedy is slow and victims are reluctant to come forward as a result.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 32
- Paragraph text
- In South Asia, several countries have provisions in their national constitutions from which further enacted legislation on debt bondage flows directly. For example, article 23 of the Constitution of India prohibits trafficking in human beings, begar (debt bondage) and other similar forms of forced labour, as an enforceable right. Article 11 of the Constitution of Pakistan prohibits slavery and forced labour. Article 29 of the Constitution of Nepal prohibits debt bondage and other forms of forced labour and specifies that an employer contravening the prohibition must pay compensation. In Brazil, article 243 of the Constitution provides for the expropriation of rural or urban property in which the use of slave labour has been identified and its consignment to agrarian reform and social housing.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 72
- Paragraph text
- Some countries have taken proactive efforts to form multi-stakeholder initiatives to ensure more effective efforts to combat contemporary forms of slavery. This includes multi-stakeholder committees responsible for combating contemporary forms of slavery, which include members of civil society. These committees are important in holding Governments accountable for enforcing laws on contemporary forms of slavery. In cases in which the Government fails to carry out its commitments, it is necessary for these stakeholders to engage the media, form alliances and mobilize public support in order to exert pressure on the authorities.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 73
- Paragraph text
- Recently, stakeholders have made efforts to influence the sourcing decisions of companies and national and local governments in order to reduce the level of contemporary forms of slavery. It is now generally accepted that Governments are responsible for preventing contemporary forms of slavery and holding companies accountable - whether a product is produced in the country, manufactured by a company based in the country or imported and consumed by its citizens. Additionally, civil society organizations have also taken steps to promote responsible sourcing decisions and have provided guidance to companies on ways to prevent contemporary forms of slavery in their supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 75
- Paragraph text
- In other cases, Governments have taken efforts to reward companies that take positive steps to combat contemporary forms of slavery, including by offering access to State contracts. In Argentina, the National Institute for Industrial Technology recently established a comprehensive national certification system for companies operating in the textile industry. The agency offers "certificates of quality" to firms that refrain from using forced labour and provide their employees with decent working conditions. Participating companies granted the certificate are eligible to bid on lucrative State textile contracts. In a similar spirit, the Plurinational State of Bolivia operates a certification programme called the Triple Seal, which is designed to encourage compliance with national labour laws and awarded to companies that prohibit child labour, discrimination and forced labour across their entire supply chains.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 62
- Paragraph text
- Despite the progress that has been made in recent years, awareness-raising and prevention have not been fully effective and victims of contemporary forms of slavery still abound. This requires the identification, protection and rehabilitation of victims.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Manifestations and causes of domestic servitude 2010, para. 24
- Paragraph text
- The line between domestic work, albeit accompanied by serious violations of fair labour standards, and domestic servitude and slavery is difficult to draw. In practice, there is a wide spectrum ranging from domestic workers engaged in labour relationships that follow applicable labour and human rights standards to victims of domestic servitude and slavery. Owing to the criminal and hence clandestine nature of servitude and slavery, it is impossible to determine what percentage of domestic workers are actually victims thereof.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Priorities of the new mandate holder 2014, para. 18
- Paragraph text
- During her tenure, the Special Rapporteur will continue to address the different forms of contemporary slavery, including subtler forms of slavery that deserve specific attention, such as bonded labour, domestic servitude, early and forced marriage, child slave work, servile marriages and caste-based forms of slavery, which affect the lives of many and are not confined to developing and poor countries. She will also continue to work on the remaining challenges to the eradication of contemporary forms of slavery, as highlighted by her predecessor in her report to the Human Rights Council at its twenty-fourth session (A/HRC/24/43).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 24
- Paragraph text
- In the garment and textile sectors, reports indicate a significant risk of contemporary forms of slavery occurring in the complex subcontracting that characterizes the industry in many parts of the world, including the sometimes home-based and informal workshops operating on the margins of the formal economy. Subcontractors such as these are often overlooked both by labour inspections and due diligence systems, making workers in these supply chains particularly vulnerable to exploitation given the quick turnaround time to meet orders from global fashion brands and consumer needs. Contemporary forms of slavery have often been cited as occurring in global supply chains of international brands.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
Paragraph
Manifestations and causes of domestic servitude 2010, para. 47
- Paragraph text
- Servitude and other slavery-like practices prohibited by article 8 of the Covenant on Civil and Political Rights extend beyond the specific instances recognized by the 1956 Supplementary Convention on Slavery and includes other cases of economic exploitation in which the victim is so dependent on the perpetrator that s/he cannot leave the situation of exploitation. Dependency in this context can derive from a multiplicity of physical, economic, social, cultural, psychological and legal factors. While each factor may by itself not be strong enough to create the severe dependency characterizing servitude, the factors may reinforce each other creating a net of dependency factors from which the victim cannot extract herself.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 21
- Paragraph text
- In addition to domestic work and mining, contemporary forms of slavery can be found in many other industries. According to the ILO 2012 estimate, 90 per cent of the 20.9 million victims of forced labour were employed in the private economy. Slavery can also be found in fishing, domestic work, quarrying, brick kilns and illegal activities. Forced labour is prominent in agriculture, logging, mining, apparel and electronics manufacturing, personal-care services, construction and food processing.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Manifestations and causes of domestic servitude 2010, para. 23
- Paragraph text
- Owing to the indicated vulnerabilities, domestic workers are often subject to unfair and exploitative labour practices. Some are paid way below minimum wage standards or not at all, while others are confronted with the arbitrary deduction or withholding of wages. Many domestic workers are expected to live with their employers, yet are only offered sub-standard or degrading living conditions. Live-in workers might be expected to work 16-18 hours a day, be always on call and forego regular rest days and vacations. They frequently face restrictions on their freedom of communication and movement. Physical, emotional and sexual abuse is also common.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Manifestations and causes of domestic servitude 2010, para. 25
- Paragraph text
- Slavery and servitude have in common that the victim is economically exploited, totally dependent on other individuals and cannot end the relationship at his or her own volition. In cases of slavery, as classically defined by the Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention of 1926, the perpetrator puts forward a claim to "own" the victim that is sustained by custom, social practice or domestic law, even though it violates international law. In servitude and slavery like practices, no such claim to formal ownership exists. This does not mean that servitude is the lesser human rights violation: the humiliation, exploitation and suffering can be equally or more intense depending on the nature of the individual case.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 44
- Paragraph text
- Lack of prosecutions and convictions for contemporary forms of slavery can also be a significant problem. One reason for this is poor integration and cooperation among government institutions. The Special Rapporteur noted that, during some of her missions, there was lack of integration between the criminal, labour and civil law specifically addressing forced labour, which impeded enforcement efforts. This lack results in inadequate investigations and sanctioning of slavery-like practices. The Special Rapporteur has noted that multi-sectoral commissions must have representation from relevant concerned government offices in order for them to effectively combat slavery.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Manifestations and causes of domestic servitude 2010, para. 59
- Paragraph text
- Trafficking is one path into domestic servitude. International law defines trafficking as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Slavery, practices similar to slavery and servitude are among the worst forms of exploitation that can result from trafficking; the victim's "consent" to such exploitation is immaterial.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 39
- Paragraph text
- A lack of resources and low levels of awareness and understanding often manifest themselves in deficiencies in labour inspectorates and other public enforcement institutions, severely limiting Governments' ability to detect victims of contemporary forms of slavery. For example, one of the biggest factors impeding the ability of the Government of Guatemala to protect agricultural workers from exploitation is its deficient labour inspection system. Problems facing the Labour Inspectorate include a lack of staff and funding, the inability of inspectors to set fines and labour inspectors' fear of carrying out inspections in the agricultural sector due to high levels of violence in the country.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph