Prohibition of slavery

Question 1

What is slavery?

Answer 1

1. Absolute prohibition (Art. 15)
2. Consent cannot justify it
3. Being wholly in ownership of another person
4. Permanent situation - The victim feels that it cannot change the situation

Question 2

What is servitude?

Answer 2

1. Absolute prohibition (Art. 15)
2. More limited than slavery
3. The individual must not have any control over his working conditions
4. Obligation to live on another’s property
5. Impossibility of changing the condition
6. Obligation to work

Question 3

What is compulsory/forced labour?

Answer 3

1. Incidental/temporary
2. The victims feel that the situation can change
3. Work is performed involuntarily
4. Work is unjust or oppressive
5. Work involves avoidable hardship
6. There are justifications/exemptions (Art. 4(3))

Question 4

What about human trafficking?

Answer 4

1. Human trafficking is a form of ‘modern slavery’
2. Contrary to Art. 4 - Wrongdoing per se
3. No need to classify it under torture/servitude/forced labour because it falls under all three categories

Question 5

What are the obligations arising with regards to human trafficking?

Answer 5

1. Negative obligation to refrain
2. Positive obligation - No imposition of disproportionate burden
3. Positive obligation to identify and support the applicants as victims of human trafficking
4. Positive obligation to investigate allegations of human trafficking:
   - Independent and impartial investigation
   - Capable of leading to identification and/or punishment of traffickers
   - Expediency and promptness
5. Positive obligation to put in place laws (criminal) to prohibit/punish and take such measures
6. Positive obligation of cross-boarder investigation - To cooperate effectively with other states :
   - But no obligation to investigate cross-boarder (J. and others v. Austria)