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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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 48
- Paragraph text
- Relevant economic factors include advance or deferred payment designed to increase dependency, payment that keeps workers below the poverty level, payment in kind only or prohibitions to freely change employers.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
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).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Priorities of the new mandate holder 2014, para. 30
- Paragraph text
- The mandate also requires a multi-faceted approach combining law and policy frameworks which provide for prevention, protection, prosecution and redress at the national and international levels, with consumer and civil society advocacy, rejecting goods produced through forced labour or other forms of slave labour and generating consumer awareness. It also requires that business practices be congruent with human rights, ethical and environmentally sound sustainable development, and durable peace and security for all. It requires a concerted global initiative to eradicate poverty and enforce the basic principles of justice, dignity and human rights for all. At the most basic level, it requires resources, mechanisms and processes for the effective implementation of recommendations made pursuant to fact-finding missions and consultations conducted as part of the mandate.
- 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
- All
- Année
- 2014
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 21
- Paragraph text
- Although more research into the scope and prevalence of contemporary forms of slavery is required, various small-scale studies (for example, on the garment, conflict mineral, seafood, sporting goods, handmade carpet and tea industries) show that products from the informal sector enter global supply chains and are also part of domestic economies in the developing world, often in the most labour-intensive sectors. Human rights violations in the sourcing of conflict minerals, for example, have received much attention, but more research is required to identify the scope and prevalence of contemporary forms of slavery in supply chains of specific commodities and particular sectors. The sectors mentioned in the present report are therefore not meant to be a comprehensive list, but an indication of where contemporary forms of slavery have been reported to occur.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 56
- Paragraph text
- States have a duty under international human rights law to ensure the right to a remedy, including equal and effective access to justice and adequate, effective and prompt reparations for human rights violations. For victims of gross violations of international human rights law, such as slavery and slavery-like practices, full and effective reparation may take the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. In the third pillar of the Guiding Principles on Business and Human Rights, clear guidance is set out on "access to remedy", delineating respective roles for both States and business.
- 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
- All
- Année
- 2015
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 16
- Paragraph text
- In Nepal, a debt bondage system, the labourers of which are known as Haliyas, can be found in the agricultural sector. Haliya means "one who ploughs". Ploughing land is considered to be dirty and unskilled work that only lower-class citizens should perform, making it the work of "untouchables" or Dalits. Haliyas are either paid very little for their work or paid only in small amounts of food. Debt quickly accrues as workers take out loans for personal expenses, while landowners take advantage of them by charging exorbitant interest rates. According to a Centre for Human Rights and Global Justice report, "such discrimination is intentionally designed to keep alive a system of debt bondage".
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 48
- Paragraph text
- The labour inspection system must be resourced and trained in order to ensure effective monitoring of the compliance with laws on debt bondage, as well as with other relevant labour laws, for example those on forced labour, child labour, social security, wages, working conditions, health and safety, unionization, collective bargaining and equality. To that purpose, the labour inspection system should be provided with the necessary resources to monitor both the formal and informal sectors. Regulation of the labour market should also ensure that the rights to freedom of association and of peaceful assembly, as well as the right to collective bargaining, are universally upheld.
- 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
- All
- Année
- 2016
Paragraphe
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.
- 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
- All
- Année
- 2013
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 28
- Paragraph text
- States have an obligation under international human rights law to respect, protect and fulfil the human rights of all persons in their territory and/or jurisdiction. This includes the duty to protect individuals and groups against human rights abuses committed by private actors, such as business enterprises. The Human Rights Committee, in paragraph 8 of its general comment No. 31 (2004) on the nature of general legal obligations on States Parties to the Covenant, stipulates the need for States to exercise due diligence to prevent, punish, investigate or redress the harm caused by private persons or entities.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 111
- Paragraph text
- Governments should establish programmes to create awareness in frontier communities about the health risks they face particularly with regard to handling toxic chemicals such as mercury, cyanide and lead. The communities should undergo testing for contamination and those contaminated should be provided with medical care. Local health workers should be clinically trained on how to prevent, diagnose and treat contamination. These programmes should also extend to ensure that workers are made aware of the less visible and long-term negative impact on the environment (soil, water) which threatens food security and biodiversity.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 28
- Paragraph text
- Since 1926, a number of other international instruments have been drafted in order to address the varied forms of modern-day slavery that occur in the ever-changing social, political and economic environment. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, adopted in 1956, highlights debt bondage and serfdom as specific forms of slavery. The Convention defines debt bondage as "the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt of the length and nature of those services are not respectively limited and defined" (art. 1 (a)). Serfdom is defined as "the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status" (art. 1 (b)).
- 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
- All
- Année
- 2013
Paragraphe
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.
- 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
- Violence
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 46
- Paragraph text
- The enactment of laws that prohibit debt bondage and adequately punish perpetrators is essential as a first step towards the eradication and prevention of this phenomenon. Such laws need to be actively enforced, along with those that are relevant to the prevention and eradication of debt bondage, including those related to regulation of recruitment agencies, the right to organize and the payment of wages. The necessary resources must be allocated to assure full implementation of the laws at all levels of government. Effective administrative institutional structures and processes must be in place to implement legislation on debt bondage. As part of such implementation efforts, enforcement officials and other State officials should be sensitized and trained in regard to relevant laws on debt bondage and the rights of victims.
- 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
- All
- Année
- 2016
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 75
- Paragraph text
- Many States do not afford domestic workers the equal protection of labour law, which invites exploitation, leading, in extreme cases, to domestic servitude. In a number of States, domestic work is excluded from the scope of application of relevant labour laws. At best, parallel regimes are set up that provide lesser standards of protection. It is very common to exclude domestic workers from essential social benefits such as health care, compensation in case of invalidity, pensions or maternity leave and labour rights such as paid vacations, rest days or maximum work hours.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 40
- Paragraph text
- In the Universal Declaration of Human Rights, every individual and every organ of society is required to strive to contribute to the universal and effective recognition and observance of human rights for all. While it is commonly accepted that under international human rights law businesses have a responsibility to respect human rights, there is as yet no international legal duty for them to protect human rights. Human rights due diligence, i.e. a continuous process of identifying and addressing the human rights impact of a company across its operations and products, and throughout its supplier and business partner networks, is therefore the primary standard used to assess business compliance with its human rights responsibilities.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Servile marriage 2012, para. 18
- Paragraph text
- Victims of servile marriage are often unable to escape because their families and/or the societies in which they live will not support them, whether for economic reasons or for traditional, cultural and religious beliefs. Such beliefs and practices cannot, however, be used to justify servile marriage. Under the Supplementary Slavery Convention, States parties are to bring about the complete abolition or abandonment of slavery-like institutions and practices, such as servile marriage. It does not provide for any exceptions in which slavery may continue to exist. Evolving international law has confirmed that slavery is a crime against humanity and, as such, no culture, tradition or religious practice can be used to justify servile marriage.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- All
- Families
- Année
- 2012
Paragraphe
Servile marriage 2012, para. 80
- Paragraph text
- Furthermore, isolation, marital rape and verbal abuse have serious long-term effects on victims' mental health.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Health
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 19
- Paragraph text
- In informal artisanal mining, contemporary slavery is prevalent and freedom of movement is severely curtailed. Mines are often located far from population centres and many small, informal mines operate in areas outside the purview of the law. Therefore, it is very difficult for authorities to locate and identify victims of slavery in the sector. There are no labour inspections at many informal mines and violence, crime, and substance abuse are rampant. Working hours are often long, work is extremely dangerous, living conditions are poor and workers are often paid illegally low wages. Debt bondage and child slavery are also common.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- 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
- All
- Année
- 2013
Paragraphe
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;
- 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
- All
- Année
- 2015
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 36
- Paragraph text
- In Pakistan, the Bonded Labour System (Abolition) Act, 1992 abolished bonded labour throughout the country. The Act prohibits any loan or advance under the bonded labour system, or compelling a person to render any form of forced labour. It also extinguishes all obligations to repay any bonded debt and provides for 2 to 5 years' imprisonment for perpetrators and/or the imposition of a fine of PRs. 50,000. The law mandates provincial governments to set up district vigilance committees, for implementation of the law and the rehabilitation of bonded labourers. The Bonded Labour System (Abolition) Rules, 1995 established the responsibility of various implementing agencies and mandated the setting up of a fund for the rehabilitation of freed bonded labourers. In 2001, the Government developed the National Policy and Plan of Action for the Abolition of Bonded Labour, in which the Government committed itself to eradicating bonded labour and developing the rehabilitation fund.
- 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
- All
- Persons on the move
- Année
- 2016
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 85
- Paragraph text
- Governments should introduce or amend, where necessary, laws to effectively combat exploitation; strengthen implementation and enforcement; harmonize legislative and policy approaches to ensure greater coherence, efficiency and efficacy; develop and effectively monitor and implement national plans of action; introduce specialized agencies or institutions with the specific mandate to tackle contemporary forms of slavery; and ensure all such efforts are appropriately resourced and staffed.
- 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
- All
- Année
- 2013
Paragraphe
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.
- 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
- All
- Année
- 2010
Paragraphe
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.
- 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
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 80
- Paragraph text
- The implementation and enforcement of applicable laws and contracts is often undermined because domestic workers are not adequately informed of their rights and obligations. By the same token, many employers are not sensitized thereon and it is left to their individual moral judgement to determine what constitutes fair treatment. Unions may find it difficult to organize domestic workers since they are dispersed and often hard to access if they live with their employers. In some cases, domestic workers are even prohibited from forming or joining trade unions, which constitutes a violation of the right to freedom of association and the prohibition of discrimination. These obstacles notwithstanding, non-governmental organizations and domestic worker self-help groups have taken up tasks that are the responsibility of the Government: setting up points of information in places where domestic workers are accessible (e.g. shopping malls or water-drawing points) or providing shelter for workers fleeing abuse or exploitation.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Servile marriage 2012, para. 25
- Paragraph text
- This provision is reiterated in article 16 (2) of the Universal Declaration on Human Rights and in the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. Article 2 of the latter states that States parties are to specify a minimum age for marriage, which is given as not less than 15 years in the non-binding recommendation accompanying the Convention. It further states that no marriage is to be legally entered into by any person under that age, except where a competent authority has granted a dispensation as to age, for serious reasons, in the interests of the intending spouses.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
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.
- 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
- Social & Cultural Rights
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 54
- Paragraph text
- Under the due diligence standard, States have an obligation to exercise a measure of care in preventing and responding to the acts of private individuals. More specifically, they have a duty to protect people in debt bondage by means of adequate procedures to identify them, to provide short-term and long-term rehabilitation that prevents revictimizations, to enact legislation on debt bondage and to ensure that victims have access to justice and remedies. Furthermore, States have an obligation to prevent debt bondage through prevention of discrimination, regulation of wages, enforcement of labour law and regulation of recruitment practices, and by protecting persons in debt bondage against violations in the context of business activities.
- 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
- All
- Année
- 2016
Paragraphe
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.
- 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
- All
- N.A.
- Année
- 2013
Paragraphe