A/HRC/36/43 (procedural remedies); resulting in (b) final positive relief (substantive reparations).14 The nature of the procedural remedies (judicial, administrative or other) should be in accordance with the substantive rights violated and the effectiveness of the remedy in granting appropriate relief for such violations. In the case of grave abuses, such as slavery, practices and institutions similar to slavery and forced labour, remedies need to be judicial. However, States can also provide other non-judicial remedies to complement reparation procedures. A right of access to effective remedies entails the availability of such remedies under criminal or civil law, and States should ensure that victims are provided with information and assistance that will enable them to secure the reparations to which they are entitled. 18. The reparations for victims of slavery, practices and institutions similar to slavery, servitude and forced labour should be accessible, affordable, timely, full and effective, while respecting the principles of appropriateness and proportionality. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law advise that reparations for victims should include restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. III. Challenges and obstacles encountered by persons subjected to contemporary forms of slavery to access justice A. Social and cultural barriers 1. Discrimination and social structures 19. Persons subjected to contemporary forms of slavery often belong to populations that are likely to be discriminated against, including women, children, indigenous people, people of “low” caste status and migrant workers. The societal discrimination that minority groups suffer denies their right to equal access to justice: often, State officials, including the police, prosecutors and the judiciary, are inherently prejudiced against people belonging to such groups. As a result, they experience discrimination at every step in the administration of justice for their rights violations. This situation is exacerbated when the groups are not represented within law enforcement authorities. Furthermore, the wide discrimination that people belonging to such groups suffer results in them having a sense of inferiority, which often poses challenges in their deciding to claim their rights or report the abuse they have suffered. People of “low” caste status, indigenous people and other minority groups 20. In South Asia, debt bondage and forced labour is reported to be widespread in countries such as Bangladesh India, Nepal and Pakistan. 15 Those who are trapped in debt bondage in South Asia are predominantly Dalits, of “low” caste status, indigenous people or other minority groups. In some countries, a hierarchy of work has been created as a result of community divisions under which labourers are put at the lower level, particularly those of “low” caste status or those belonging to ethnic and religious minorities. An individual’s access to justice, jobs and other rights and privileges are often conditioned by this social hierarchy. This results in discrimination, domination, inequality and disparity, primarily through a lack of cultural and social power and access to resources for people who belong to minority groups. Furthermore, those who opt to defy traditional exploitative, discriminatory and humiliating roles, often face social boycotts that further restrict any opportunity to overcome discrimination-related poverty and dependency on employers or landlords. 14 15 See REDRESS, “Implementing Victim’s Rights: A Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation” (2006). Available from www.redress.org/downloads/publications/Reparation%20Principles.pdf. Submissions to the Special Rapporteur from the organizations READ, DSN-UK and the Nepal National Dalit Social Welfare Organization. See also A/HRC/33/46. 7

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents