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Título | Fecha de adición | Plantilla | Document | Paragraph text | Organismo | Tipo de documento | Thematics | Temas | Personas afectadas | Año |
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Eradicating contemporary forms of slavery from supply chains 2015, para. 16 | 19 de ago. de 2019 | Paragraph | While in the Slavery Convention reference is made to forced labour and States are called on to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery (art. 5), forced labour was not defined until the ILO Forced Labour Convention, 1930 (No. 29). The right not to be subjected to forced labour is now enshrined in a number of other international instruments, including in the ILO Abolition of Forced Labour Convention, 1957 (No. 105), the International Covenant on Civil and Political Rights (art. 8 (3)) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11 (1)). In the ILO Declaration on Fundamental Principles and Rights at Work (1998), the elimination of all forms of forced or compulsory labour and the effective abolition of child labour is required. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2015 | ||
Eradicating contemporary forms of slavery from supply chains 2015, para. 23 | 19 de ago. de 2019 | Paragraph | In agriculture, contemporary forms of slavery have reportedly occurred in many countries, involving crops such as sugar cane, cut flowers, fruit and vegetables, tropical nuts and commodities, for example, palm oil, cotton, cocoa, tobacco and beef. Production in the sector often relies on temporary or migrant labour and is characterized by complex contracting and subcontracting chains, as well as smallholder farming in some cases. Much of the work on remote farms and plantations is typified by excessive working hours, lack of compliance with labour laws, weak or non-existent labour inspections and corruption. Competition to produce at the lowest cost enhances the risk of contemporary forms of slavery being involved in agriculture, especially debt bondage in impoverished rural communities and among vulnerable categories of workers, such as indigenous people, minorities, migrants, women and children. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2015 | ||
Manifestations and causes of domestic servitude 2010, para. 98 | 19 de ago. de 2019 | Paragraph | [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] States cooperate within the ILO to ensure that the future convention on decent standards domestic work is based on the major human rights treaties and entails specific commitments to regulate all aspects of recruitment, placement and work, including with regard to migrant domestic work. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 76 | 19 de ago. de 2019 | Paragraph | A recent study of the laws of ten Asian countries with large numbers of domestic workers found that only three countries included domestic workers in their labour legislation and only one provided full labour protection to domestic workers, including migrant domestic workers. Middle Eastern States with the same legislative shortcoming have long been contemplating to extend their existing labour laws to domestic workers or adopt specific legislation for them. In recent years, however, only Jordan has successfully reformed its labour law to include domestic workers. In some European countries, the domestic work aspect of au pair arrangements is not recognized, leading to regulatory protection gaps. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 82 | 19 de ago. de 2019 | Paragraph | In recent years, sending and receiving countries have intensified their cooperation in concluding bilateral agreements or memoranda of understanding to regulate migrant domestic work and protect migrant. A bilateral agreement between Argentina and Peru, for instance, guarantees that migrant domestic workers receive the same treatment as nationals under labour law with respect to wages, working conditions and social security. Other agreements, however, are less progressive and fail to enshrine fundamental protections like guaranteed rest days or prohibition of arbitrary wage deductions. Moreover, there are often problems in the implementation of the undertakings made under these bilateral agreements. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Servile marriage 2012, para. 90 | 19 de ago. de 2019 | Paragraph | Some countries have abolished such legislation. For example, by Act No. 14 of 1999, Egypt abolished the pardon formerly granted to a perpetrator who married a kidnapped victim. In 2005, Brazil amended its Penal Code along the same lines. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 32 | 19 de ago. de 2019 | Paragraph | Slavery and compulsory or forced labour are separate practices that are addressed independently in most international human rights documents. The Slavery Convention establishes that States should "take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery" (art. 5). ILO Convention No. 29 (1930) concerning Forced or Compulsory Labour 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" (art. 2). The Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ILO Convention No. 182 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) all address forced labour. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 59 | 19 de ago. de 2019 | Paragraph | There have also been recent awareness-raising campaigns on an international level that focus on awareness among global companies. Business for Social Responsibility (BSR) has laid out a series of good practice examples on global migration to which businesses should adhere. BSR establishes specific standards regarding the legal status of migrant workers, worker rights, recruitment, orientation and training, wages and benefits, withholding of documents, living conditions, leave, grievance mechanisms, and termination and repatriation. ILO has also developed a handbook for employers and business on forced labour, which seeks to raise their awareness and understanding of the issue. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Debt bondage as a key form of contemporary slavery 2016, para. 8 | 19 de ago. de 2019 | Paragraph | The definition of debt bondage in the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery is sufficiently broad to cover the situation of workers trapped in debt bondage in systemic, archaic, feudal systems of slave-labour exploitation, as well as that of migrant workers from developing countries who leave their countries accruing debt to cover the costs associated with recruitment. Debt bondage is closely related to a number of forms of exploitation, including forced labour, the abuse of migrant workers, trafficking, and the worst forms of child labour. It has been observed that debt bondage is an area in which the relationship between trafficking and forced labour practices is particularly strong. Debt is considered to be a key source of vulnerability to trafficking and is one of the mechanisms used to force victims to work in exploitative or abusive conditions. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2016 | ||
Manifestations and causes of domestic servitude 2010, para. 55 | 19 de ago. de 2019 | Paragraph | Reporting on domestic slavery, the Council of Europe has highlighted the structurally similar case of women in arranged transnational marriages, also referred to as "mail-order brides". Faced with an unfamiliar partner and sociocultural context, such women can easily find themselves in situation of abuse, exploitation, and, in extreme cases, domestic and sexual servitude. Their visa status typically depends on the continuation of the arranged marriage for at least a certain number of years. In order to lessen dependencies, some countries have created a special legal residence status for divorced or separated migrant women who can prove that they were severely abused or exploited by their partner. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 20 | 19 de ago. de 2019 | Paragraph | In recent years, the migration of women for domestic work has rapidly grown and become one of the key factors in the ongoing feminization of migration. An entire industry of migrant domestic work has evolved, driven by a surging demand for domestic work in richer countries, stark global income inequalities and transnational recruitment agencies. Migrants, mainly women from Asia, are now the largest group of domestic workers in the Middle East and Europe. Domestic work opportunities draw migrant women with little formal education and more educated women lacking linguistic qualifications or the internationally accepted diplomas to find other types of work. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 33 | 19 de ago. de 2019 | Paragraph | Neo-bondage may also emerge in the context of migration for domestic work. Migrant domestic workers will often assume a considerable debt towards the employer or the agency organizing her recruitment and transport to cover the cost of the air ticket and recruitment fees. The domestic worker is then expected to work off this debt. In many countries, migrant domestic workers are not able to change employers as the validity of their visa depends on the initial employer's sponsorship (see section 2f). In addition, they might be blocked from returning to their home country, because employers or recruitment agencies withhold passports or return air tickets. They cannot leave their position before they have worked off their recruitment debt. With salaries being often as low as US$ 100-300 per month, this means that migrant domestic workers become bonded for long periods to a single employer, making them easily exploitable. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Child slavery in the artisanal mining and quarrying sector 2011, para. 47 | 19 de ago. de 2019 | Paragraph | The lack of traditional family and social structures in artisanal mining and quarrying communities increases the likelihood of child slavery. This is especially true for migrant and trafficked children working in this sector. They are often undocumented, do not receive any Government support or protection and are vulnerable to exploitation by mine employers. These communities are set up by people who for various reasons leave their traditional way of live and go to work in this sector. The communities are set up in an ad hoc manner with little or no regard to societal norms. These communities often attract those unable or unwilling to sustain traditional lifestyles or occupations (see A/HRC/18/30/Add.1). | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2011 | ||
Child slavery in the artisanal mining and quarrying sector 2011, para. 90 | 19 de ago. de 2019 | Paragraph | The Special Rapporteur recommends that States ratify fully and implement all relevant international legal instruments to prevent child slavery such as the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2011 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 48 | 19 de ago. de 2019 | Paragraph | A number of countries have also established specific protections for migrant workers, many of whom are extremely vulnerable to contemporary forms of slavery. In 2011, the Czech Republic made several legislative changes to improve protections for migrants and reduce their vulnerability to exploitation. The Act on Residence of Foreign Nationals was amended to require that employers cover the costs of repatriation when foreign nationals exit the country before the expiration of their work permit. Taiwanese law requires government oversight of the agencies through which migrant workers are recruited in order to ensure that they are not charged excessive service fees. In the United Arab Emirates, Ministerial Resolution No. 1186 of 2010 allows migrant workers to transfer from one employer to another after their contracts expire. In 2007, the Mexican National Migration Institute improved labour protections for migrant agricultural workers with the intent of regularizing and reducing abuses of migrant workers. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 25 | 19 de ago. de 2019 | Paragraph | According to recent reports, migrant workers in the United Kingdom of Great Britain and Northern Ireland are subject to contemporary forms of slavery in the construction sector. By nature, work in this sector is seasonal, time-sensitive and temporary, qualities that can lead to poor working conditions. Construction companies also use subcontracted labour, which can be exploited more easily. A 2003 survey estimated that 88,000 non-British workers were employed in construction. Migrant workers are attractive to construction companies because they are often seen as cheap, disposable labour. It is not possible for migrant workers to obtain a work permit for construction work, so they must enter the United Kingdom on a self-employed visa, which adds to their vulnerability and invisibility. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 13 | 19 de ago. de 2019 | Paragraph | During her mission to Lebanon, the Special Rapporteur was informed that migrant domestic workers made up 25 per cent of the Lebanese workforce and faced "physical abuse, a category encompassing physical suffering caused by working a minimum of 18 hours per day and physical assault … non-payment of wages, sexual abuse, moral harassment, food deprivation, sexual harassment, forced labour … physical threats, forced prostitution, non-renewal of papers and employment of minors" (A/HRC/21/41/Add.1, para. 9). The Governments of Madagascar, Philippines and Sri Lanka have since prohibited their citizens from working in domestic service in Lebanon due to these extremely poor conditions and the fact that there is virtually no system in place in Lebanon to protect domestic workers. Article 7 of the Lebanese Labour Code of 1946 specifically excludes domestic workers from its provisions (ibid., para. 21). | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Debt bondage as a key form of contemporary slavery 2016, para. 35 | 19 de ago. de 2019 | Paragraph | In Nepal, the Bonded Labour (Prohibition) Act, 2058 (2002) abolished bonded labour in the country. The 2002 Act makes null and void all the debts contracted by persons in debt bondage and requires the establishment of freed bonded labourer rehabilitation and monitoring committees in a number of districts. The 2002 Act provides for penalties and fines for perpetrators. In 2010, the Ministry of Land Reform and Management presented a haliya system (prohibition) bill, setting out the rights of freed haliya, and establishing a rehabilitation fund, a case litigation and appeal process, and provision for punishment. However, the bill has not yet passed into law. In May 2011, the Government issued the "Freed haliya rehabilitation and monitoring guidelines", which mandated district-level task forces to update the information on freed haliya and to distribute identification cards to them within six months of their being identified. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2016 | ||
Servile marriage 2012, para. 47 | 19 de ago. de 2019 | Paragraph | Honour-related killings are practised by some communities in their countries of origin or in the countries to which they have immigrated. Honour-related killings occur in Asia, the Middle East and Europe, where first-generation immigrants have passed the practice on to their children and grandchildren. Among some Asian communities, to guard the honour of a clan, marriages take place within the biradari system, a social caste system that divides people into separate communities and combines caste and honour with notions of total loyalty to the clan. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Manifestations and causes of domestic servitude 2010, para. 96 | 19 de ago. de 2019 | Paragraph | [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Ensure Immigration and labour authorities cooperate to register all migrant workers and inform them about their rights in a language they can understand. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 97 | 19 de ago. de 2019 | Paragraph | [Domestic workers have made impressive gains in organizing themselves across the globe. More efforts are needed, however, to empower individual workers. The Special Rapporteur recommends:] Working with existing domestic workers associations and cooperatives, labour unions should make greater efforts to include domestic workers, including migrant domestic workers. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 54 | 19 de ago. de 2019 | Paragraph | One of the most important steps in ensuring the successful implementation of laws on contemporary forms of slavery is the provision of training to authorities, including law enforcement officers, labour inspectors, judges and immigration officials. Training should cover relevant law, victim protection mechanisms and techniques for identifying victims. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Manifestations and causes of domestic servitude 2010, para. 52 | 19 de ago. de 2019 | Paragraph | In a number of countries, the authorities become involuntary accomplices to exploitation and servitude by allowing, or even requiring, employers to restrict the freedom of movement and residence of migrant domestic workers or systematically failing to enforce relevant prohibitions. In Saudi Arabia, for instance, the Special Rapporteur on violence against women, its causes and consequences, noted that, contrary to an official Government decision, migrants systematically had their passports and residency permits taken away from them, causing some to end up in slave-like conditions. Jordanian legislation on domestic workers, despite being very progressive in other respects, still requires migrant domestic workers to live with their employer and seek his permission to leave the home - even during their time off. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Manifestations and causes of domestic servitude 2010, para. 56 | 19 de ago. de 2019 | Paragraph | Domestic work also draws in many women and girls with irregular migration status, because it is less visible, usually provides cash payment and, in many cases, a place to stay. Women in such situations usually fear reporting exploitation to the authorities, especially where criminal investigations and the enforcement of labour standards are linked to immigration control. Domestic workers without papers include women who should qualify for asylum or other protected status, but face deportation because States fail to respect their international obligations not to subject to refoulement persons who would face persecution or torture upon their return. Victims of gender-based persecution - e.g. women at risk of "honour" killings - are also prone to becoming undocumented migrants vulnerable to exploitation, because national authorities fail to recognize such persecution or unrealistically assume that the victim has "internal flight alternatives" in her country of origin. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 22 | 19 de ago. de 2019 | Paragraph | Malaysia is currently the world's second largest producer of palm oil. According to a recent report, in order for Malaysia to "meet the growing global demand for cheaply produced palm oil, some producers are relying on forced labor and other forms of modern slavery". Agricultural work is not an attractive form of employment for the majority of Malaysians. Therefore, men, women, and children - primarily from Indonesia and Philippines - migrate to Malaysia in order to work on these plantations. Many of these workers are undocumented, poor and isolated, making them extremely vulnerable to contemporary forms of slavery. The Secretary General of Indonesia's Commission for Child Protection reported that tens of thousands of Indonesian migrant workers and their children had been "systematically enslaved" on Malaysian plantations. The number of Indonesian children in forced labour in Sabah, Malaysia, is estimated to be as high as 72,000. Children born at the plantations are not issued birth certificates, preventing them from attending school and forcing them to stay at the plantations and work. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 18 | 19 de ago. de 2019 | Paragraph | Migrant workers are also disproportionately affected by contemporary forms of slavery. Many are especially vulnerable because they are employed far from their homes, lack language skills and familiarity with host country legal systems, may be undocumented, hired through recruitment agencies, are unprotected by laws in host jurisdictions, rarely receive adequate training, lack access to effective grievance mechanisms, are vulnerable to contract substitution, and/or are severely underpaid. Limitations on migrant workers' freedom of movement greatly increase their chances of becoming victims of contemporary slavery. Employers may confiscate their passports or identity papers and migrant workers are often employed in remote locations where they are dependent on their employers even for basic necessities. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 36 | 19 de ago. de 2019 | Paragraph | Certain countries also have laws that make migrant workers vulnerable to slavery-like practices. For example, in the Dominican Republic, temporary migrants must be provided with a "temporary worker card". This carnet only allows them "to perform the gainful activity for which they were admitted, for the authorized period of time and within the authorized area". Migration Law 285-04 stipulates that employers should "repatriate" workers once their carnets expire, giving employers the authority to deport workers. This creates a legal restriction on migrant workers' freedom of movement, links them to a specific employer and creates an inherent menace of penalty of deportation for leaving their jobs or workplaces. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Debt bondage as a key form of contemporary slavery 2016, para. 43 | 19 de ago. de 2019 | Paragraph | Precarious labour migration has been identified as a driver of debt bondage. Migrant workers are also often vulnerable to exploitation because of barriers they face in accessing the protections provided to nationals of the country to which they have migrated and because of generalized social hostility towards foreigners. The choices made by migrants about securing employment abroad are often based on misinformation and false promises concerning conditions of employment in destination countries. A lack of financial literacy can lead to a poor understanding of the loans taken out to pay fees, and a lack of alternatives in their home countries can incentivize migrants to take out loans on which extortionate rates of interest are charged. Furthermore, a lack of effective regulation of the recruitment sector, unethical practices by unscrupulous recruiters, late payment or the withholding of payment by employers, and exorbitant charges for services can worsen situations of debt bondage. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2016 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 42 | 19 de ago. de 2019 | Paragraph | Yet, even when inspectors are trained to identify victims of slavery, many victims may be afraid to talk because of threats made against them. This is especially true with migrant workers, many of whom are afraid that authorities may harass, detain or deport them. In the United States of America, for example, some migrant workers have reported that they are afraid to talk to neighbours or unable to do so owing to language barriers. In some cases, their employers have threatened to report them to immigration authorities if they try to leave. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Eradicating contemporary forms of slavery from supply chains 2015, para. 63 | 19 de ago. de 2019 | Paragraph | In other cases, some legal jurisdictions are part of the problem, exacerbating the vulnerability of workers to contemporary forms of slavery. This is the case in countries where laws tie migrant workers to specific employers, preventing them from leaving without the employer's authorization. In some countries, for example, certain categories of workers are not guaranteed their right to freedom of peaceful assembly and association and thus not allowed to form or join trade unions or hold office within them, which adds to their vulnerability. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2015 |