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Manifestations and causes of domestic servitude 2010, para. 91
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- The work at the expert and regional levels has only led to limited recognition of the problems by intergovernmental United Nations bodies with a human rights or human rights-related mandate. The Commission on the Status of Women has called on member States to develop measures to prevent the labour and economic exploitation and sexual abuse of girls employed as domestic workers and ensure that they have access to education and vocational training, health services, food, shelter and recreation. The Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance urges States to pay special attention to protecting people engaged in domestic work (contained in A/CONF.189/12, para. 67). As part of the universal periodic review, a number of States have made recommendations to their peers to improve the protection of domestic workers. Such references to a serious, widespread and global human rights concern are far and between. There is nothing similar to the General Assembly's Declaration on the Elimination of Violence Against Women (resolution 48/104), which opened another socially constructed "private sphere" filled with human rights violations to the persistent scrutiny of the international community.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 92
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- 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 31
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- Article 21 (2) of the African Charter on the Rights and Welfare of the Child states that child marriage and the betrothal of girls and boys are to be prohibited and effective action, including legislation, is to be taken to specify the minimum age of marriage to be 18 years. Article 6 of the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa states that no marriage is to take place without the free and full consent of both parties, and requires States to enact appropriate national legislative measures to guarantee that the minimum age of marriage for women is to be 18 years.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 74
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- States have to criminalize all forms of slavery and servitude, investigate and prosecute the perpetrators with due diligence and assign penalties that fit the severity of the crime. Nevertheless, many countries still lack specific criminal provisions on slavery and servitude and therefore have to rely on prosecuting some of the individual acts involved, which often does not capture the severity of the crime. The European Court of Human Rights was confronted with this problem in the landmark case of Siliadin v. France, concerning a Togolese girl who was subjected to domestic servitude. Given that France, at the time, did not have specific criminal provisions on slavery and servitude that would have afforded the victim specific and effective protection, the Court found a violation of the right not to be subjected to servitude. Furthermore, States often fail to prosecute crimes accompanying domestic servitude, such as forced confinement or assault.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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