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Priorities of the new mandate holder 2014, para. 28
- Paragraph text
- Another key area of focus of the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is child and forced marriage. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery obligates Member States to take all "practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment" of, inter alia, any institution or practice which amounts to forced marriage, such as when a woman, without the right to refuse, is promised or given in marriage on payment to her parents, guardians, family or another person or group; when a husband, his family or his clan transfers his wife to another person for value received or for any other reason; or the inheriting by another person of a woman on the death of her husband (see art. 1). Early and forced marriage can, under certain circumstances, constitute servile marriage or result in domestic servitude or other forms of slavery. The previous mandate holder drew links between child marriage and slavery, and pointed out that Member States were obliged to prohibit and eliminate slavery as a non-derogable and fundamental principle of international law. Child marriage is linked to the thematic issues of trafficking for forced labour, commercial sexual exploitation, migration and contemporary forms of slavery, which reinforces the need for cooperation among the respective mandate holders as part of a comprehensive multi-agency and multi-stakeholder effort to eradicate those practices from society, as women and girls in child and forced marriages may experience conditions within the marriage that meet "international legal definitions of slavery and slavery-like practices", including forced labour. Furthermore, "a potentially high proportion of child marriage cases appear to constitute the worst forms of child labour under the 1999 ILO Convention No. 182."
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Families
- Women
- Année
- 2014
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 23
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Women
- Année
- 2015
Paragraphe
Servile marriage 2012, para. 64
- Paragraph text
- Described below are forms of servile marriage that women and girls experience.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Girls
- Women
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women contains specific provisions in relation to forced marriage (article 16 (1) (b)) and early marriage (article 16 (2)). Child marriages, which are unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage as the child is not in a position to consent. Article 16 of the Convention specifies that the betrothal and the marriage of a child are to have no legal effect, and all necessary action, including legislation, is to be taken to specify a minimum age for marriage.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Children
- Women
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 66
- Paragraph text
- The sale of wives, a practice by which a woman is forced to marry several times so that her family acquires money or property, has been reported in Europe, Asia and Latin America (E/CN.4/2002/83, para. 59).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Personnes concernées
- Families
- Women
- Année
- 2012
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 85
- Paragraph text
- Another successful ILO example is the programme for the prevention and progressive elimination of child labour in small-scale traditional gold-mining in Latin America, which had regional, national and local components and was aimed at contributing to the elimination of child labour in small-scale mining in the Plurinational State of Bolivia, Ecuador and Peru. Successful intervention elements identified included: the establishment or improvement of social services, such as education services for children and health services for all the population; improvement of the technology for mining exploitation and health conditions and job security; giving impetus for micro-enterprises for mothers/fathers of children that had been working in mining and creation of income-generating alternatives for women; creation and strengthening of grass-roots organizations, and giving impetus to a local development processes with the participation of various actors.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2011
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 10
- Paragraph text
- Servile marriage and domestic servitude are two forms of contemporary slavery that disproportionately affect women and girls. In a previous report, the Special Rapporteur defined servile marriage as an arrangement "in which a spouse is reduced to a commodity over whom any or all the powers of ownership are attached" (A/HRC/21/41, summary). Practices such as polygamy and "bride price", especially when coupled with the prevalence of domestic violence, are possible indicators of servile marriage. Women's bodies are directly tied to a family's honour in many cultures, and if a girl refuses to marry, "she can be subject to character assassination or kidnapping by the man or his family to force her into marriage or to rape her" (ibid., para. 71). There is little to no legal protection for women in these situations in many countries. Some countries have gone so far as to enact legislation that acquits perpetrators of rape if they marry their victim. If a woman enters into a servile marriage, she essentially becomes a slave to her husband and his family.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2013
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 40
- Paragraph text
- Even in countries in which authorities have the will and resources to combat contemporary slavery, they face the difficulty of locating victims. Contemporary forms of slavery often involve hidden populations, some of whom perform illicit work. Slavery often occurs in isolated areas and access can be challenged or compromised when workers are involved in illegal activities, when they are geographically isolated, or when they work in violent or politically unstable countries or regions. The challenge of accessing women and children can increase in countries with cultural norms that restrict them from having contact with outsiders or strangers, or their general freedom of movement. For example, the Special Rapporteur has reported that it is difficult to access forced child labourers working in mines and quarries located in remote areas (see A/HRC/18/30).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2013
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 52
- Paragraph text
- Children working in the mines and quarries are vulnerable to physical, sexual, moral and social harm. Artisanal mining and quarrying is inherently informal and illegal -as either it costs too much to get the legal permit to mine or there is no need to get a permit as the law is not enforced. These "frontier communities" are riddled with violence, crime, trafficking in young girls and women for sexual exploitation, prostitution, drug and alcohol use (ibid.). There have been reports that children are given drugs so that they are able to fearlessly extract minerals underground or underwater. Children also take drugs and alcohol in the belief that it makes them stronger and as a result of peer pressure. The drug abuse (particularly amphetamines and marijuana) and alcohol (commercial and/or local brew) destroy their health and keep them in the vicious circle of poverty. Children who arrive alone to work in this sector are even more vulnerable to abuses (see A/HRC/18/30/Add.2).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Poverty
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Youth
- Année
- 2011
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 19
- Paragraph text
- In the western and central parts of Tamil Nadu, a high number of adolescent girls reportedly work as bonded labourers under the sumangali scheme in textile mills and garment factories, which is a major hub in the global knitwear sector that supplies international brands. The majority of these workers are reported to belong to Dalit communities and are aged between 14 and 18 years. Debt bondage is also reported in power loom workshops located in the Tiruppur region of Tamil Nadu, which produce woven cloth both for domestic manufacturers and for global suppliers. Those affected by debt bondage in this region are reported to include members of Dalit communities and other poor communities and to include both men and women. Furthermore, some non-agricultural industries in which debt bondage among children is reported to exist include carpet weaving, beedi making, silk production, silk sari production, the brick kilns and stone quarries.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Adolescents
- Children
- Girls
- Women
- Année
- 2016
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 42
- Paragraph text
- Gender inequalities and discrimination make women vulnerable to bondage, as they are often excluded from the labour market and consequently are involved in unskilled and poorly paid jobs. Furthermore, discrimination against children belonging to minority groups is a factor that limits their full access to education and thus increases their vulnerability to exploitation. Many bonded labourers, including women and children, face multiple and intersecting forms of discrimination, which significantly increases their vulnerability to debt bondage and at the same time limits their opportunities for escaping such abuse.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Ethnic minorities
- Women
- Année
- 2016
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 87
- Paragraph text
- International human rights law outlaws domestic and other forms of servitude. Apart from the Universal Declaration of Human Rights and the 1956 Supplementary Convention on Slavery, relevant norms can be found in the Covenant on Civil and Political Rights (art. 8), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11), the Convention on the Rights of Persons with Disabilities (art. 27), the International Covenant on Economic, Social and Cultural Rights (art. 7 on just and favourable conditions of work) and the Convention on the Rights of the Child (arts. 19 and 32), and the Convention on the Elimination of All Forms of Discrimination against Women (art. 11 on women's right not to be discriminated in the field of employment).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Gender
- Governance & Rule of Law
- Personnes concernées
- Families
- Persons on the move
- Women
- Année
- 2010
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 55
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Persons on the move
- Women
- Année
- 2010
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 66
- Paragraph text
- On the job, domestic workers are also confronted with gender-based discrimination. Stereotypical gender roles that assign domestic chores to the women of the family - who are expected to take care of them without reward, recognition or remonstration - are transposed to the professional context. This helps explain why domestic workers are often expected to be always available - notwithstanding labour standards on maximum working hours, rest days and vacation. Because domestic work was traditionally performed by female family members for free, many employers feel reticent to pay a serious salary for work they think should really cost no more than room, board and a measure of gratitude.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2010
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 90
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Women
- Année
- 2011
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 72
- Paragraph text
- Caste-based discrimination, found in various cultural contexts, and domestic servitude are linked. In South Asia, so-called "untouchables" (dalits) and certain indigenous communities make up the vast majority of people in domestic bonded labour, which is a form of domestic servitude. Moreover, specific types of degrading domestic chores are specifically associated with lower castes and linked to exploitative conditions. In certain States in India, despite a long-standing Government campaign to eradicate the practice, many dalit women reportedly still have to engage in "manual scavenging": because of their caste they are expected to take care of scraping human excrement from dry toilets in private households or public places.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Gender
- Violence
- Personnes concernées
- Ethnic minorities
- Women
- Année
- 2010
Paragraphe
Servile marriage 2012, para. 92
- Paragraph text
- In some cases, although laws may be in place to protect women and girls from servile marriage, the authorities fail to prosecute the perpetrators. Consequently, victims do not seek help from the police or judiciary as they fear further abuse from Government authorities or being forcibly returned to their husbands. According to a 2008 report by the United Nations Development Fund for Women, between 70 and 80 per cent of Afghan marriages are forced, and 57 per cent are child marriages where one of the spouses is under the age of 16 years. In 2009, Afghanistan enacted legislation on the elimination of violence against women, in order to criminalize servile marriage and ensure that perpetrators were brought to justice. The law does not, however, address how authorities should treat a woman who runs away to escape the offences criminalized under the law. Consequently, girls and women who flee servile marriage are arrested and often convicted of intent to have sex outside marriage.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 68
- Paragraph text
- Upon the recommendation of the Commission on Human Rights, a report on abolishing slavery and its contemporary forms was published in 2002 by the Office of the United Nations High Commissioner for Human Rights. In the report, it is stated that women who leave their families to marry a man in a foreign country that they have not previously visited are vulnerable to a wide range of forms of exploitation prohibited by existing international standards. The involvement of commercial agents in organizing marriages does not in itself appear to be unacceptable, but if the agent makes payments to the bride's parents or others, the arrangement would come close to infringing the prohibition on the sale of women for marriage in the Supplementary Slavery Convention. As brides in a foreign country, the women's vulnerability is increased by the fact that they have no family or friends to support them if they require assistance. In addition, in some countries obtaining the right to residency as a spouse is a long, drawn-out process that may take years. A wife who leaves her husband is unable to seek assistance for fear of deportation or imprisonment.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Families
- Women
- Année
- 2012
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 22
- Paragraph text
- 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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Men
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 29
- Paragraph text
- The Supplementary Convention also addresses the practice of servile marriage as a form of slavery, although it does not label it as such. The Convention outlaws practices in which: a woman is "promised or given in marriage on payment"; "the husband of a woman, his family, or his clan, has the right to transfer her to another person"; and "a woman on the death of her husband is liable to be inherited" (art. 1 (c)). States Parties to the Convention are asked to establish suitable minimum ages of marriage. Servile marriage was also alluded to in the Universal Declaration of Human Rights. Article 16 establishes that "marriage shall be entered into only with the free and full consent of the intending spouses".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 12
- Paragraph text
- Domestic work is one of the largest service industries in the world, but it is among the least visible due to its location in the private sphere. Many women in domestic work find themselves physically and socially isolated and their right to organize is significantly restricted. Live-in workers are often expected to work 16-17 hours a day, frequently without a day off or vacation time. The work can be extremely taxing, including carrying heavy loads and handling toxic substances. Physical, emotional and sexual abuse occur in situations of domestic servitude. Employers often confiscate domestic workers' passports or identity papers and withhold their wages for "safe keeping", which makes it very difficult for them to leave their employment.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 66
- Paragraph text
- Nevertheless, Government-run rehabilitation and reintegration efforts are not always effective. In these cases, other stakeholders can offer assistance. Unions and non-governmental organizations (NGOs) in sending and receiving countries have cooperated in order to facilitate the reintegration of victims when return home. In Nepal, where government reintegration services have been limited, two NGOs rehabilitate and reintegrate returned migrant workers. Pouraki Nepal was initiated by women migrant workers, while Pravasi Nepali Coordination Committee advocates for the rights of male migrants. In-country research in Nepal also indicates that a new foundation to aid migrant workers has been established, with a free training centre in Kathmandu that helps rehabilitate and reintegrate returned migrant workers, including a counselling centre for female returnees.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 41
- Paragraph text
- Bonded labourers commonly belong to minority groups vulnerable to discrimination, such as certain racial groups, women, indigenous people, people of "low" caste and migrant workers. The discrimination suffered by these groups frequently prevents them from accessing education, health care, clean water and credit. Furthermore, demands from bonded labourers for fair treatment, or their resistance to exploitation, often cause them to face social sanctions and boycotts that further restrict their possibility of overcoming discrimination or of leaving the situation of bondage. The discrimination faced by bonded labourers comes in some cases not only from society at large but also from other members of the same minority groups.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Servile marriage 2012, para. 84
- Paragraph text
- The Committee on the Elimination of Discrimination against Women, in its general recommendation No. 19 recognizes forced marriages as a form of violence against women. In addition, the Convention on the Rights of the Child call for States parties to protect children from physical, mental and sexual abuse and exploitation through legislation and other social and educational measures. The obligation to protect children from violence includes protection from parents and caregivers. Article 34 of the Convention requires that States parties protect children from sexual exploitation and abuse.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Families
- Women
- Année
- 2012
Paragraphe
Priorities of the new mandate holder 2014, para. 21
- Paragraph text
- In that regard, the Special Rapporteur will follow up on the key recommendations made by her predecessor for the elimination of all forms of domestic servitude. In her report to the Human Rights Council at its fifteenth session (A/HRC/15/20), the previous Special Rapporteur addressed the root causes of domestic servitude and its impact on women and children and made concrete recommendations for the monitoring and enforcement of labour standards. Besides the implementation of existing recommendations, which remains a key challenge, more research, notably qualitative reporting and situational analysis, is required on the often invisible workers in domestic servitude, including their existence in developed economies, which is often obscured.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Women
- Année
- 2014
Paragraphe
Servile marriage 2012, para. 39
- Paragraph text
- The special procedures mandate holders, in particular the Special Rapporteur on violence against women, its causes and consequences, have focused on forced and early marriages, in addition to other issues relating to servile marriage, including honour-related killings and sexual slavery. In her report on her mission to Somalia, the Special Rapporteur on violence against women concluded that although servile marriages occurred, especially in rural areas, the lack of data made it impossible to ascertain the extent of the practice of rape and early and/or forced marriages (A/HRC/20/16/Add.3, para. 24).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 59
- Paragraph text
- In many countries, there is a widespread belief, which also finds expression in law, that a husband is entitled to sexual intercourse and may insist on this entitlement by force. There is a growing trend by countries to repeal such laws, however. For example, Ghana, after much public debate and consultation with stakeholders, amended its legislation in order to protect women from marital rape and enacted new legislation criminalizing physical, sexual and physiological abuse, intimidation, threats and harassment between spouses, other intimate partners and former partners, among others (A/HRC/7/6/Add. 3, paras. 37 and 74).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 88
- Paragraph text
- Women in servile marriage lack adequate protection in the light of their specific vulnerabilities arising from their gender, low social status and their age (if they are girls). Many countries lack laws criminalizing forced marriage or slavery-like practices that arise from servile marriage such as domestic servitude or marital rape, mainly because some abuses that occur in a marriage are often seen as domestic matters and outside interference is often frowned upon because it would be interference in the privacy of the home. Consequently, there is a tendency to deal with this form of slavery privately, outside the courts.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2012
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 27
- Paragraph text
- Article 1 of the 1926 Slavery Convention defines slavery as the "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". The Convention calls for the "complete abolition of slavery in all its forms", including the "capture, acquisition, sale or exchange, and disposal" of persons (art. 2, in conjunction with art. 1). Since the drafting of the Convention, most international legal frameworks have included articles concerning the prohibition of slavery, including article 4 of the Universal Declaration of Human Rights (1948), article 8, paragraph 1, of the International Covenant on Civil and Political Rights (1966) and, more recently, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Women
- Année
- 2013
Paragraphe
Servile marriage 2012, para. 51
- Paragraph text
- In some cases, the parents force a bride into a servile marriage to improve their economic situation or to pay off the family's debts. A poor, rural family is more likely to force a female member into marriage for financial reasons rather than for cultural and religious reasons. The payment may be made in cash or in kind to the woman's family, guardian or any other person or group. In such instances, the bride's family forces her to remain in a servile marriage because returning to her home would mean that her family would have to repay the bride price to her husband or her husband's family.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2012
Paragraphe