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Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 3c
- Paragraph text
- 3. For the purpose of this article the term "forced or compulsory labour" shall not include: c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
- Organismo
- Council of Europe
- Tipo de documento
- Regional treaty
- Personas afectadas
- All
- N.A.
- Año
- 1950
- Tipo de párrafo
- Article
Párrafo
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 3b
- Paragraph text
- 3. For the purpose of this article the term "forced or compulsory labour" shall not include: b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
- Organismo
- Council of Europe
- Tipo de documento
- Regional treaty
- Personas afectadas
- All
- N.A.
- Año
- 1950
- Tipo de párrafo
- Article
Párrafo
Universal Declaration of Human Rights 1948, para. undefined
- Paragraph text
- No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Personas afectadas
- All
- Año
- 1948
- Tipo de párrafo
- Article
Párrafo
American Convention on Human Rights 1969, para. 3d
- Paragraph text
- 3. For the purposes of this article, the following do not constitute forced or compulsory labor: d. work or service that forms part of normal civic obligations.
- Organismo
- Organization of American States
- Tipo de documento
- Regional treaty
- Personas afectadas
- All
- N.A.
- Año
- 1969
- Tipo de párrafo
- Article
Párrafo
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 67
- Paragraph text
- In post-conflict and post-disaster situations mechanisms should be put in place to monitor violations of the right to adequate housing, including forced evictions. Victims of such violations should be entitled to legal remedies and have access to justice.
- Organismo
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Challenges and lessons in combating contemporary forms of slavery 2013, para. 88d
- 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:] Providing victims with free legal assistance, compensation, social protection, and long-term strategies for community and labour-market reintegration, including vocational training and job placement services.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Put in place comprehensive programmes that allow identified bonded labourers to be able to access the support that they need to fulfil their right to rehabilitation.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 91
- Paragraph text
- Companies should review and modify purchasing practices that could have a negative impact on the workplace conditions of their suppliers, including the setting of delivery deadlines that will expose workers to non-voluntary overtime or force suppliers to hire workers for peak periods under worse working conditions or through employment agencies.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- N.A.
- Año
- 2017
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 122
- Paragraph text
- [Regional mechanisms should carry out the activities set out in the following paragraphs, which have a specific added value:] Conduct studies and develop recommendations on how to address the challenges posed by the increasing use of communications technologies such as the Internet to channel demand and recruit victims.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- N.A.
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
SRSG on violence against children: Annual report 2012, para. 110
- Paragraph text
- The Special Representative looks forward to continuing to collaborate closely with Member States and all other stakeholders in the further strengthening of this crucial agenda to help build a world where violence has no place.
- Organismo
- Special Representative of the Secretary-General on violence against children
- Tipo de documento
- SRSG report
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 66g
- Paragraph text
- [Criteria and indicators should be strengthened in accordance with the benchmarks and indicators for ensuring trafficking-free supply chains proposed by the Special Rapporteur (A/HRC/23/48/Add.4, appendix I) and should include at a minimum the following indicators:] Workers are paid in legal tender and provided written, itemized pay slips or receipts in a language they understand, indicating wage rates, hours worked, total pay and any legally authorized deductions made by the employer;
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2017
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right to mental health 2017, para. 89
- Paragraph text
- There are already promising initiatives in place throughout the world, including in low- and middle-income countries, which challenge the status quo. Creating the space, through strong political leadership and resources, to enable those practices to take shape in communities is a powerful means to promote and advance the changes needed.
- Organismo
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- N.A.
- Año
- 2017
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right to work (Art. 6) 2005, para. 9
- Paragraph text
- The International Labour Organization defines forced labour as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily". The Committee reaffirms the need for States parties to abolish, forbid and counter all forms of forced labour as enunciated in article 4 of the Universal Declaration of Human Rights, article 5 of the Slavery Convention and article 8 of the ICCPR.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Personas afectadas
- All
- Año
- 2005
- Tipo de párrafo
- Other
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 37
- Paragraph text
- The free market fundamentalist ideology opposes the very existence of trade unions in general, with one author arguing that they are viewed as "monopolist agents manipulating the price of labour to the advantage of some (a minority) and to the disadvantage of others (the majority, including non-unionized workers and consumers)". The Special Rapporteur views anti-unionism as an inherently troubling aspect of free market fundamentalism, as the right to organize in the workplace is protected by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and through various conventions of the International Labour Organization.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- N.A.
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
Mapping and framing security of tenure 2013, para. 10
- Paragraph text
- The United Nations Settlements Programme (UN-Habitat) provides data on "slums", the word it has adopted to define such settlements. One UN-Habitat study estimated that 924 million people were living in slums in 2001; an estimate for 2010 placed the number at about 828 million. However, by 2010 tenure security was not taken into account in the UN-Habitat measurements of slums, hence the latter figure offers only a very small insight into the current extent of tenure insecurity in urban areas. Similarly, the revised indicator for the Millennium Development Goal target of improving the lives of 100 million slum dwellers (7 (d)) does not include security of tenure. While this particular target was reached, the question remains as to whether this result reflects the real situation of slums and informal settlements worldwide. Developing effective ways to measure tenure (in)security is an urgent imperative, including for the Millennium Development Goals and the United Nations development agenda beyond 2015.
- Organismo
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2013
- Tipo de párrafo
- Other
Párrafo
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 35
- Paragraph text
- At the same time, as noted by the Working Group on Countering the Use of Internet for Terrorist Purposes, one of the nine working groups of the Counter-Terrorism Implementation Task Force, the available means to suppress content deemed to be incitement to terrorism are often "clumsy or ineffective, or both", and thus it may be more effective to devise strategies that work with the Internet rather than against it, including the dissemination of rapid counter-narratives to extremist messages which constitute incitement to terrorism.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2011
- Tipo de párrafo
- Other
Párrafo
Access to land and the right to food 2010, para. 19
- Paragraph text
- Finally, the creation of a market for land rights may itself have a series of undesirable consequences. The primary justification for the establishment of such a market is that it facilitates the reallocation of land towards more efficient users, thus providing an exit route from agriculture for rural residents for whom farming is not sufficiently profitable. Accordingly, the World Bank notes, "secure and unambiguous property rights … allow markets to transfer land to more productive uses and users". However, the impact of titling on farm productivity has often been unclear when it has not been complemented by schemes providing producers with appropriate levels of support. Land sales tend to favour not those who can make the most efficient use of land, but those who have access to capital and whose ability to purchase land is greatest. In fact, the creation of a land rights market can cause land to be taken out of production in order to be held as an investment by speculators, resulting both in decreased productivity and in increased landlessness among the rural poor. The poorest farmers could easily be induced to sell land and then be "priced out", particularly if they have fallen into debt as a result of a bad harvest or other circumstances. Thus, considered in isolation from other policies, individual titling may have counterproductive effects, increasing the vulnerability of the poor. Indeed, the idea that individual titling contributes to poverty reduction as land is transformed into capital presupposes that property is transformed into collateral, collateral into credit and credit into income. However, the poor, for whom land is an essential social safety net where no others are available, may in fact be reluctant to mortgage their land in order to gain access to credit. Nor does titling necessarily result in significantly greater access to the credit offered by private financial institutions.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2010
- Tipo de párrafo
- Other
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 23
- Paragraph text
- Global supply chains are putting downward pressure on wages and working conditions, and distancing workers from their rights to freedom of association because workers fill permanent jobs but are denied permanent employee rights. These arrangements - found in both formal and informal work, including part-time, short-term or temporary contracts, on-call schedules, multilayered subcontracts or franchises, and bogus self-employment schemes - are designed to drive down costs. As a result of the widespread use of this practice, 1.5 billion people - 46 per cent of the world's total number of workers - are working in so called "precarious employment". In both Southern Asia and sub-Saharan Africa, more than 70 per cent of workers are employed that way.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 73
- Paragraph text
- This rigid and stratified allocation of work results in Dalits having not only limited job opportunities, but also lower wages, particularly in rural areas.
- Organismo
- Special Rapporteur on minority issues
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 67
- Paragraph text
- Even businesses which invest significant amounts in checking their supply chains suffer from the fact that there is no internationally recognized standard for the process of checking whether minimum labour standards and human rights standards are respected in the workplace. It is challenging for other businesses and individual consumers to assess whether the cheap cost of a product was due to good business management or due to abuse in the production process. It is the responsibility of the State (in addition to being the responsibility of employers, business owners and investors) to ensure that keeping production costs and wage bills to a minimum is not achieved by illegal or abusive means.
- Organismo
- Special Rapporteur on trafficking in persons, especially in women and children
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2013
- Tipo de párrafo
- Other
Párrafo
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 9 (c)
- Paragraph text
- [Except as otherwise provided for in Article 10 of this Convention, any authority competent to exact forced or compulsory labour shall, before deciding to have recourse to such labour, satisfy itself] that it has been impossible to obtain voluntary labour for carrying out the work or rendering the service by the offer of rates of wages and conditions of labour not less favourable than those prevailing in the area concerned for similar work or service; and
- Organismo
- United Nations Human Rights Council
- Tipo de documento
- Resolution
- Personas afectadas
- All
- Año
- 2018
- Tipo de párrafo
- Other
Párrafo
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 76
- Paragraph text
- In Nepal, in the agricultural sector, Haliyas ("ones who plough") are labourers effectively caught in a debt bondage system. They plough the land, a task considered dirty. They are often forced to take out loans from landowners to cover personal expenses and are charged exorbitant rates of interest, making their debts extremely difficult to pay back and effectively trapping them in a never-ending cycle of submission. According to civil society reports, despite criminalization by the Government in 2010, the practice still persists and there is currently no legislation in place for the rehabilitation of Haliyas.
- Organismo
- Special Rapporteur on minority issues
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
Marginality of economic and social rights 2016, para. 48
- Paragraph text
- Fifth, the implementation of positive judicial outcomes and the search for more creative remedies have been "an analytical and practical blind spot".
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 9 (a)
- Paragraph text
- [Except as otherwise provided for in Article 10 of this Convention, any authority competent to exact forced or compulsory labour shall, before deciding to have recourse to such labour, satisfy itself] that the work to be done or the service to be rendered is of important direct interest for the community called upon to do work or render the service;
- Organismo
- United Nations Human Rights Council
- Tipo de documento
- Resolution
- Personas afectadas
- All
- Año
- 2018
- Tipo de párrafo
- Other
Párrafo
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 12. (2)
- Paragraph text
- Every person from whom forced or compulsory labour is exacted shall be furnished with a certificate indicating the periods of such labour which he has completed.
- Organismo
- United Nations Human Rights Council
- Tipo de documento
- Resolution
- Personas afectadas
- All
- Año
- 2018
- Tipo de párrafo
- Other
Párrafo
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 13. (1)
- Paragraph text
- The normal working hours of any person from whom forced or compulsory labour is exacted shall be the same as those prevailing in the case of voluntary labour, and the hours worked in excess of the normal working hours shall be remunerated at the rates prevailing in the case of overtime for voluntary labour.
- Organismo
- United Nations Human Rights Council
- Tipo de documento
- Resolution
- Personas afectadas
- All
- Año
- 2018
- Tipo de párrafo
- Other
Párrafo
Unpaid care work and women's human rights 2013, para. 37
- Paragraph text
- Also relevant - given that unpaid caregivers are disproportionately represented in informal jobs - are State obligations to reduce to the fullest extent possible the number of workers outside the formal economy, apply labour legislation to all workers, and ensure that domestic and agricultural work is properly regulated so that domestic and agricultural workers enjoy the same level of protection as other workers.
- Organismo
- Special Rapporteur on extreme poverty and human rights
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2013
- Tipo de párrafo
- Other
Párrafo
Commissions of inquiry 2012, para. 68
- Paragraph text
- The purposes of a commission of inquiry warrant a more flexible approach to rules of evidence, including the credibility of witness testimony. In assessing the credibility of evidence, a commission of inquiry should give special weight to corroborated testimony and to testimony subjected to cross-examination. A commission should also apply general rules in their assessment of the credibility of witnesses, including demeanour, subject to cultural and gender sensitivities. A commission should always accept testimony that is not subject to cross-examination, and should also avail itself of testimony that, if rendered in court, would be excludable as hearsay.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- N.A.
- Año
- 2012
- Tipo de párrafo
- Other
Párrafo
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 10. (2) (e)
- Paragraph text
- [Meanwhile, where forced or compulsory labour is exacted as a tax, and where recourse is had to forced or compulsory labour for the execution of public works by chiefs who exercise administrative functions, the authority concerned shall first satisfy itself] that the execution of the work or the rendering of the service will be directed in accordance with the exigencies of religion, social life and agriculture.
- Organismo
- United Nations Human Rights Council
- Tipo de documento
- Resolution
- Personas afectadas
- All
- Año
- 2018
- Tipo de párrafo
- Other
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 44
- Paragraph text
- Advances in technology have not only facilitated interception of and access to communications in specific cases, but have also enabled States to conduct widespread, even nationwide, filtering of online activity. In many countries, Internet filtering is conducted under the guise of maintaining social harmony or eradicating hate speech, but is in fact used to eradicate dissent, criticism or activism.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- All
- Año
- 2013
- Tipo de párrafo
- Other
Párrafo