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Child slavery in the artisanal mining and quarrying sector 2011, para. 20
- Paragraph text
- Different international instruments, ranging from the core international law against slavery to international human rights law and international labour law are relevant when defining the concept of child slavery.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 17
- Paragraph text
- In the past, the Working Group on Contemporary Forms of Slavery considered the issue of child economic exploitation. The Special Rapporteur has given due consideration to the discussions of the Working Group in the elaboration of her present report.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 37
- Paragraph text
- In its general recommendation No. 21, the Committee on the Elimination of Discrimination against Women considers that the minimum age for marriage should be 18 years for both men and women. This age limit, which is in line with the definition of the child provided in the Convention on the Rights of the Child, is also reflected in article 21 of the African Charter on the Rights and Welfare of the Child.
- 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
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 37
- Paragraph text
- The lack of or insufficient legal framework, policies and institutions to combat child slavery and to support and protect children from slavery is a significant cause of child slavery in the mining sector. This is often compounded by a weak institutional framework whereby there is a lack of clarity about the roles and responsibilities of Government bodies and often a lack of sufficient human and financial resources to implement, where they exist, Government programmes.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 27
- Paragraph text
- The position followed by the Committee on the Rights of the Child when considering periodic reports from State parties is that, "any work carried out by children in conditions below those established by the United Nations Convention [on the Rights of the Child] or by ILO standards should be considered as economic exploitation" (report of the Secretary-General on status of the Convention on the Rights of the Child, A/64/172, para. 9).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 26
- Paragraph text
- There is undoubtedly a close link between ILO Convention No. 182 the Convention on the Rights of the Child, which is important in combating the exploitation of children. Article 32 of the latter correlates to article 3 of the ILO Convention No. 182 with regard to debt bondage, serfdom, forced or compulsory labour, and all forms of slavery and any work which will harm the health, safety or moral of children.
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 84
- Paragraph text
- International labour law implicitly outlaws domestic servitude by banning forced and compulsory labour and child labour. Relevant International Labour Organization instruments include the Abolition of Forced Labour Convention (No. 105), the Convention on the Elimination of the Worst Forms of Child Labour (No. 182) and the 1998 Declaration on Fundamental Principles and Rights at Work.
- 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
- Children
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Priorities of the new mandate holder 2014, para. 19
- Paragraph text
- The Special Rapporteur will continue to investigate, monitor and address, relying on the support of governments, other United Nations agencies and mechanisms, civil society organizations, trade unions, employers and activists, various contemporary manifestations of slavery involving children in agriculture, tobacco tilling, cotton picking, entertainment, construction, mining and quarrying.
- 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
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 46
- Paragraph text
- There has been a series of improvements to legal frameworks on both an international and national level that represent best practice in combating contemporary forms of slavery. At the national level, a wide range of countries have passed comprehensive legislation prohibiting and sanctioning contemporary forms of slavery. For example, in 2007 Mauritania passed a law criminalizing slavery. Additionally, in Brazil, article 149 of the Penal Code establishes a sentence of between two and eight years' imprisonment for subjecting a person to forced labour, arduous or degrading working conditions or holding workers at workplaces through surveillance, debt bondage, restriction of movement and retention of personal identification documents or property. The sentence is increased by 50 per cent for cases involving children or discrimination based on religion, gender or race. Brazilian law also prohibits and penalizes other activities related to forced labour, including debt bondage. Nevertheless, owing to the variety of mechanisms used to subject individuals to slavery, many countries have also necessarily looked beyond traditional laws on forced labour and human trafficking. For example, some have established mechanisms to combat exploitative recruitment and hiring practices which increase the risk of contemporary forms of slavery. The Contract Act in Bangladesh, for example, establishes that all employment contracts must be made with the free consent of all parties without coercion, undue influence, fraud or misrepresentation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 28
- Paragraph text
- In 1993, the Committee on the Rights of the Child devoted its second day of annual discussion to the economic exploitation of children (see CRC/C/20, para. 186-196). On this occasion, the indivisibility and interrelatedness of the rights of the child stipulated in the Convention on the Rights of the Child were highlighted, as was the fact that they are all inherent to the human dignity of the child. Therefore, a holistic approach should be taken when looking at the implementation of the right enshrined in article 32.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 89
- Paragraph text
- Independent experts mandated by the Commission on Human Rights and the Human Rights Council have also addressed the issue. The Working Group on Contemporary Forms of Slavery had drawn the attention of the Commission on Human Rights to the problem of domestic servitude. Special procedures mandates, in particular the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on trafficking in persons, especially women and children, have focused their fact-finding on the situation of domestic workers and thereby advanced the debate.
- 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
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 33
- Paragraph text
- There are a number of legal limitations that present challenges in protecting individuals from becoming the victims of contemporary forms of slavery. First, some countries have failed to ratify the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, including El Salvador, Liberia and Peru. In other cases, many countries that have ratified the Convention have not brought their domestic legislation into line with international standards. Still other countries also fail to explicitly define, prohibit or sanction specific forms of slavery, making it difficult to prosecute such cases. In Colombia, for example, the law does not specify sanctions for forced labour, except in cases involving trafficking in persons, while in Philippines, labour experts have noted that many laws prohibiting contemporary forms of slavery only cover children, victims of trafficking and victims of forced labour subjected to violence or debt bondage.
- 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
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 31
- Paragraph text
- Domestic servitude can be another contemporary form of slavery, although it has not garnered as much attention in the international human rights frameworks of the twentieth century. Domestic servitude is implicitly prohibited in the articles of the Slavery Convention, the Covenants and Declarations that make up the International Bill of Human Rights, ILO Convention No. 105 (1959) concerning the Abolition of Forced Labour and the 1998 ILO Declaration on Fundamental Principles and Rights at Work. The Convention on the Rights of the Child and ILO Convention No. 182 both protect children against conditions akin to domestic servitude. In June 2011, ILO adopted Convention No. 189 concerning decent work for domestic workers, which similarly addresses such issues. The Convention sets out protections against domestic servitude, outlining specific rights for domestic workers, including fair terms of employment, decent working and living conditions, respect for their privacy, and protection against all forms of abuse, harassment, and violence (arts. 5 and 6).
- 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
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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).
- 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
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Paragraph text
- 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
Servile marriage 2012, para. 28
- Paragraph text
- Under article 24 (3) of the Convention on the Rights of the Child, States parties are required to take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 14
- Paragraph text
- Servile marriage affects both adults and children. Under international human rights law, a child cannot provide informed consent to a marriage. The marriage is therefore considered forced and falls under the slavery-like practices defined in the Convention. International human rights law, including the Convention, requires that a minimum age for marriage be established, with 18 years the recommended minimum age. The Special Rapporteur acknowledges that, in some countries, the minimum age for marriage is lower than 18 years. She also recognizes that, in some countries, exceptions are made for marriage below the national minimum age. The Special Rapporteur strongly urges that rigorous measures be taken in such situations to ensure that the rights of the child are in no way violated by 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
- Person(s) affected
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 86
- Paragraph text
- In order to influence market forces and encourage ethical demand of minerals, initiatives such as the Fairtrade and Fairmined Standard for Gold from Artisanal and Small-Scale Mining, including Associated Precious Metals have been started. This initiative is led by the Alliance for Responsible Mining and the world renown, Fairtrade Labelling Organisations International. This standard aims to promote, among other things, human rights, the elimination of children working in this sector, the formalization of artisanal and small-scale mining and traceability of the mineral produced. The standard is currently being used by artisanal and small-scale mining communities in Latin America and scoping studies are being done to check the feasibility of using the standard in Africa and Asia.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 84
- Paragraph text
- ILO is leading a global programme entitled "Minors out of Mining", which includes at least 15 countries and partners from the mining industry such as the International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) and the International Council on Mining and Metals (ICMM), along with Communities and Small-Scale Mining (CASM). The aim of the programme is to effectively and efficiently deal with child exploitation in the informal mining and quarrying sector. Projects at the national level are designed to address the root causes and combat child labour in small-scale mining. Governments lead the work with support from workers, donors, employers and communities. ILO has implemented successful projects to stop children working in mines in many countries, such as Mongolia and Philippines, which focused on increasing the educational and vocational training opportunities for children. In Philippines, their project also focused on providing alternative livelihood schemes for the parents of children working in the mines.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 78
- Paragraph text
- First, there are legal and enforcement challenges. This is due to the absence of legislation or inadequate legislation, lack of criminalization and the lack of enforcement or adequate enforcement of legislation relating to children working in slavery within the artisanal mining and quarrying sector. Where legislation exists, it is often complex and only favours the owner of the mine or quarry, not the workers - particularly in the case of the children. Additionally, where legislation exists in the form of bans on artisanal mining and quarrying, such activity is driven further underground. This increases the risk of violations of the rights of the children who work, as they are even more isolated and restricted in their movements in order to keep their work secretive.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 38
- Paragraph text
- The informality in which the artisanal mining and quarrying is performed makes it difficult for the authorities to control this sector, which allows for the use of children. Many existing laws on mining were established to regulate large-scale mining operations. These laws are inappropriate for small-scale and artisanal mining and quarrying whose owners have very little understanding of health, labour and safety regulations by which they are to abide. The mines and quarries are often in remote ungoverned areas of the country and have unskilled and non-unionized workers with little knowledge of their rights: this situation, compounded by the poverty in these remote areas, facilitates child slavery in this sector.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 30
- Paragraph text
- The Committee on Economic Social and Cultural Rights has also considered children working in mines and quarries in countries such as China (E/C.12/1/Add.107, para. 23) and Zambia (E/C.12/1/Add.106, para. 25). Most recently, it considered mining in Madagascar. The Committee recommended that the State party: reinforce the legal framework to combat child labour and adopt all the necessary legal and judicial measures to eradicate this phenomenon; support and reinforce the role of the family as an essential element for the protection of children and combat against child labour; and take all necessary measures to implement effectively all policies against child labour, including through awareness-raising campaigns for the public on protection of children, strengthen preventive measures, and prosecute and punish those who are responsible (see E/C.12/MDG/CO/2).
- 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
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 22
- Paragraph text
- The concept of slavery and slavery-like practices cannot be analysed without referral to the development of international human rights instruments, starting with the adoption in 1948 of the Universal Declaration of Human Rights, which establishes the principle of the prohibition of slavery in all its forms. The International Covenant on Civil and Political Rights went on to legally prohibit slavery in all its forms, including servitude and forced labour (art. 8), while the International Covenant on Economic, Social and Cultural Rights recognizes that children should be protected from economic and social exploitation. Additionally "their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be … punishable by law" (art. 10).
- 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
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 28
- Paragraph text
- Domestic slavery, alongside other forms of slavery, still exists in parts of the world, notably in certain countries of the Sahel region of Western Africa. The 1926 Slavery Convention (art. 1) defines slavery as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". Slavery still exists in certain sectors of society in Mauritania, even though the Government has outlawed and criminalized the practice (see A/HRC/15/20/Add.2). Women and children in particular end up in domestic slavery. They must work from before sunrise to after sunset, caring for the master's children, fetching water, gathering firewood, pounding millet, moving heavy tents and performing other domestic tasks. Besides exploitative living and working conditions and frequent physical and sexual abuse, the specific nature of slavery manifests itself by the fact that the victim and her children are considered to be their master's property and can be rented out, loaned or given as gifts to others.
- 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
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 51
- Paragraph text
- Certification has arisen as another key approach from increased consumer, trade union and other civil society awareness. The most well-known is the Fairtrade Mark, which can be found on a wide range of products - over 27,000 - and certifies that those products meet internationally agreed Fairtrade Standards, including those relating to child labour and labour rights. In another example, the GoodWeave certification label provides assurance that no child labour was used in the manufacture of rugs.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 33
- Paragraph text
- In 2014, the draft Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 was introduced into the United States Congress. The Act, not yet adopted, contains, inter alia, reporting requirements for businesses relating to the disclosure of conditions amounting to forced labour, slavery, human trafficking and the worst forms of child labour in supply chains. At the time of writing the present report, a draft law on business human rights due diligence in supply chains was pending before the Senate in France, after having been adopted by the National Assembly in the first reading in March 2015.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 52
- Paragraph text
- Given the complexity and span of supply chains, identifying and eradicating contemporary forms of slavery can be successful only if sustainable and effective multi-stakeholder partnerships and initiatives involving the authorities, businesses, trade unions, consumers and other stakeholders, each acting from their own areas of expertise to enforce mutually agreed goals, are formed. Such initiatives are frequently international in scope, given the breadth of transnational operations. Some focus on a single sector, industry or commodity, while others are cross-sectoral. Others focus on a single issue like child or forced labour, while many typically address a cross-section of labour and human rights issues alongside the environment and general principles of ethical business.
- 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
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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."
- 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
- Children
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph