A/HRC/39/52
of those services as reasonably assessed is not applied towards the liquidation of the debt or
the length and nature of those services are not respectively limited and defined”.6
15.
Slavery, in its traditional form as chattel slavery exists at one end of a continuum of
human exploitation. Domestic and other forms of servitude, forced labour and other
slavery-like practices exist along this continuum. Forced labour is “all work or service
which is exacted from any person under the menace of any penalty and for which the said
person has not offered himself or herself voluntarily”. 7 At the other end of the continuum is
decent work, which respects all fundamental principles and rights at work. 8 Access to
decent work is the antidote to slavery and all forms of labour exploitation and human rights
violations at work. It forms a key objective of target 8.7 of the Sustainable Development
Goals, which encompasses a universal commitment to eradicate forced labour and end
modern slavery and human trafficking.
16.
Slavery, servitude and forced labour often occur as a result of human trafficking,
which under the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime is explicitly linked to those forms of exploitation. The
present report, however, focuses only on voluntary migration for domestic work.
III. State obligations under international human rights law and
labour law to protect migrant workers in domestic servitude
17.
Article 6 of the International Covenant on Economic, Social and Cultural Rights
recognizes the right of everyone, among other rights, to the right to work, which includes
the right to the opportunity to gain a living by work freely chosen or accepted; to the
enjoyment of just and favourable conditions of work; to form trade unions and join a trade
union of one’s choice; and the right to social security, including social insurance. This right
applies to everyone including to migrant workers. 9 The International Covenant on Civil and
Political Rights provides for a catalogue of rights, including equality before the law without
any discrimination and freedom of association (arts. 26 and 22 respectively), which also
apply to migrant workers without discrimination.
18.
Additionally, States bear specific obligations to protect the human rights of migrant
workers under the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families. In article 2 of the Convention a migrant worker is
defined as a person “engaged in a remunerated activity in a State of which he or she is not a
national”. In article 5 migrant workers are defined as “in an irregular situation” if they are
not authorized to enter, to stay and to engage in a remunerated activity in the destination
country. Under article 11, migrant workers are protected from being held in slavery or
servitude or from being required to perform forced or compulsory labour.
19.
The fundamental ILO conventions 10 and the ILO Migration for Employment
Convention 1949 (No. 97) and the Migrant Workers (Supplementary Provisions)
6
7
8
9
10
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery, art. 1 (a).
See International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29), art. 2.
“Promoting jobs and enterprise, guaranteeing rights at work, extending social protection and
promoting social dialogue are the four pillars of the ILO Decent Work Agenda with gender as a crosscutting theme”, foreword to ILO, “Decent work and the 2030 Agenda for Sustainable Development”.
See also ILO Declaration on Fundamental Principles and Rights at Work (1998), which commits ILO
member States to respect and promote the elimination of child labour and forced labour, freedom
from discrimination at work and freedom of association and collective bargaining, whether or not
they have ratified the relevant ILO conventions.
See Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right
to work, para. 30.
The fundamental ILO Conventions are: the Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87); the Right to Organize and Collective Bargaining Convention,
1949 (No. 98); the Forced Labour Convention, 1930 (No. 29); the Abolition of Forced Labour
5
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