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Home Posts tagged "forced labour"

Slavery in Domestic Work: The Potential for State Responsibility?

Published on September 17, 2018        Author:  and

On 10 September 2018, UN Special Rapporteur on Contemporary Forms of Slavery, Urmila Bhoola, presented her latest report to the Human Rights Council. The report focuses on an often-hidden aspect of modern slavery – the slavery and servitude of “marginalized women workers in the global domestic economy” (para 11). In this post, we highlight key findings of the report and also indicate areas for further exploration, including the potential use of State responsibility.

11.5 million domestic workers are international migrants, which represent 17.2% of all domestic workers and 7.7% of all migrant workers worldwide (para. 31). To give a sense of the scale, in Hong Kong there are 370,000 domestic workers of which 98.8% are women.

The social, cultural and racial biases these women face are often extreme. To give an example, Sondos Alqattan, an Instagram star and makeup artist with over 2.3 million followers, criticised new laws in Kuwait giving Filipino workers one day off per week and preventing employers from seizing their passports. She said, “How can you have a servant at home who keeps their own passport with them? What’s worse is they have one day off every week”.

The UN Special Rapporteur notes that the domestic work sector accounted for 24% of forced labour exploitation in 2017 (para 43). Exploitative practices include psychological, physical and sexual violence; retention of identity documents preventing freedom of movement; withholding of wages; and excessive overtime (para 42).

There are two aspects of the Report that make a particular contribution to the discussion of slavery in domestic work. Read the rest of this entry…

 

Irregular Migrants and the Prohibition of Slavery, Servitude, Forced Labour & Human Trafficking under Article 4 of the ECHR

Published on April 26, 2017        Author: 

On 30 March 2017, the ECtHR delivered the Chowdury and Others v. Greece judgment (currently available only in French), where the Court found a violation of Article 4(2) of the ECHR (the right not to be subjected to forced labour). This judgment is an important addition to the gradually growing body of case law under Article 4 of the ECHR. Against the background of the overall prolific output of the Strasbourg Court, it might come as a surprise that the case law under Article 4 is very limited. In addition to the line of cases where the state demands services, which could amount to forced labour (see, for example Chitos v. Greece), there have only been seven cases in which the Court had to address circumstances where abuses inflicted by non-state actors (i.e. employers) qualify as slavery, servitude, forced labour or human trafficking under Article 4. Chowdury and Others v. Greece is the eighth one. It is, however, the first case where the Court found that exploitation of irregular migrant labour amounts to forced labour. The previous cases (Siliadin v. France and C.N. and V. v. France), where the Court determined that the factual circumstances amounted to forced labour, involved children who provided domestic services.  Chowdury is also the first case where the Court found that the victims were subjected to forced labour, but not to servitude.

Chowdury and Others v. Greece has already received wide media coverage (see the Guardian, New York Times) and has been assessed as constituting an important advancement. After briefly describing the factual circumstances and the findings, in this post I would like to take a more critical approach to that part of the judgment where the Court addresses the definitions of servitude, forced labour and human trafficking in human rights law. Despite the positive outcome, the judgment Chowdury is in some respects lacking in rigor in terms of delineating the definitional boundaries of the above mentioned concepts. Read the rest of this entry…