A/HRC/36/43
and independent authorities respond effectively to situations of contemporary forms of
slavery and that perpetrators are investigated and prosecuted, and receive and serve
sentences that are commensurate with the crime. Avenues for victims obtaining remedy and
reparation should not be costly, complex or restrictive, and should offer victims of
contemporary slavery redress for the damage they have suffered as a result of being
subjected to such practices.
VI. Conclusions and recommendations
A.
Conclusions
59.
States have an obligation to respect, promote and fulfil the right to have access
to justice by making available a system of effective remedies to persons subject to
their jurisdiction. That entails the obligation of States to establish or strengthen where
necessary judicial and administrative mechanisms to enable victims to obtain redress
through legal procedures that are expeditious, fair, inexpensive and accessible.
Reparations for victims should be timely, full and effective while respecting the
principles of appropriateness and proportionality and must include restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition. States
have a legal duty to prevent contemporary forms of slavery, investigate with special
diligence, and to identify and prosecute those responsible and impose appropriate
punishment.
60.
Access to justice is essential for eradicating contemporary forms of slavery and
protecting the human rights of victims. However, victims often encounter within
justice systems a number of challenges and obstacles of a social, legal, institutional,
procedural or practical nature that affect their capacity to gain access to justice and
limit the remedies available to them. In some countries where contemporary forms of
slavery exist, implementation of legislation that prohibits and punishes those practices
remains poor owing to weak rule of law, corruption, discrimination and social
exclusion and lack of capacity among law enforcement officials to investigate and
prosecute perpetrators. A comprehensive victim-centred and human rights-based
approach to ensure that persons subjected to contemporary forms of slavery have
access to justice and remedy must have at its centre the compliance of States with
their obligations under international law as well as full restitution of the rights of
victims. Recommendations on the implementation of such an approach are detailed
below.
B.
Recommendations to States Members of the United Nations
61.
With respect to social and cultural barriers, the Special Rapporteur
recommends that States:
(a)
Take all steps necessary to tackle the root causes and manifestations of
discrimination against minority groups that are vulnerable to contemporary forms of
slavery, including women, children, indigenous people, people of “low” caste status
and migrant workers;
(b)
Ensure that minority groups are provided with decent work
opportunities and full and productive employment, adequate social services and free
and compulsory primary education;
(c)
Implement effective state programmes and policies to provide
socioeconomic support to victims emerging from slavery;
(d)
Recognize the existence of discrimination and its direct link to the
prevalence of contemporary forms of slavery and introduce appropriate measures to
ensure that people belonging to minority groups have equal access to justice;
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