Modern slavery - article 4 Flashcards
what does 4(1) say?
no one shall be held in slavery or servitude
what does 4(2) say?
no one shall be required to perform forced or compulsory labour
what does 4(3) say?
the term forced or compulsory labour shall not include:
a. any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
b. any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
c. any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
d. any work or service which forms part of normal civic obligations
what is the definition of slavery?
status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.
what is the definition of servitude?
means an obligation to provide one’s services that is imposed by the use of coercion, and is to be linked with the concept of slavery, but lacks the element of ownership.
what does article 4 usually entail?
the obligation for the serf to live on another person’s property and the impossibility of altering his or her condition
what is forced or compulsory labour?
All work or services which are exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily
definition of labour?
all kinds of work, not just manual work
definition of forced?
under physical or mental constraint, and thus not voluntary
definition of compulsory?
under the menace of a penalty, as well as some overriding of the person’s will
what does human trafficking involve?
- the exercise of powers attaching to the right of ownership
- It treats human beings as commodities to be bought and sold and put to forced labour, often for little or no payment, usually in the sex industry but also elsewhere
- It involves the use of violence and threats against victims, who live and work under poor conditions.
what does human trafficking imply?
It implies close surveillance of the activities of victims, whose movements are often circumscribed
what is the negative obligation under article 4?
Obligation not to subject the person to slavery or servitude, or forced or compulsory labour
what is the positive obligation under article 4?
General legal measures / regulatory framework = requires that member States penalise and prosecute effectively any act aimed at maintaining a person in a situation of slavery, servitude or forced or compulsory labour
Specific protective measures / preventative operational measures
- knowledge and reasonable measures
what is the procedural obligation under article 4?
Full and effective investigation:
-Initiative
-Independence
-Adequacy
-Promptness and reasonable expedition
-Public scrutiny
-Involvement of next of kin
There is a duty on to investigate alleged trafficking offences in their own territories AND to cooperate effectively with the authorities of other states concerned in the investigation of events outside of their territories.
