A/HRC/15/20*
7.
Trafficking and domestic servitude
59.
Trafficking is one path into domestic servitude. International law defines trafficking
as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of
the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another person,
for the purpose of exploitation.28 Slavery, practices similar to slavery and servitude are
among the worst forms of exploitation that can result from trafficking; the victim’s
“consent” to such exploitation is immaterial.29
60.
While links with other forms of organized violent crime cannot be excluded,
trafficking into domestic servitude usually takes places under the cover of activities that
seem legal or enjoy widespread social acceptance. Agents recruiting domestic workers
become perpetrators of trafficking, if they deliberately deceive their clients about the
conditions of work or engage in illegal practices of control (such as the withholding of
passports), while knowing that such practices will result in the exploitation of their
recruits.30
61.
Parents can also become complicit in the trafficking of their own children if they
hand over their child to a third party knowing that the child will be exploited in domestic
work. In its latest concluding comments on Pakistan, for instance, the Committee on the
Rights of the Child expressed “concern at the growing number of children trafficked
internally, sometimes sold by their own parents or forced into marriage, sexual exploitation
or domestic servitude” (CRC/C/PAK/CO/3-4, para. 95).
C.
Root causes of domestic servitude
62.
Domestic servitude does not emerge in a vacuum but is linked to wider patterns of
social and economic exclusion, discrimination and, most importantly, a lack of State
protection.
1.
Feminized poverty and gender discrimination
63.
The availability of domestic help has contributed to women’s empowerment,
because it has allowed many women to reconcile their professional aspirations with their
gendered social obligations towards their children and family. It is therefore a bitter irony
that the women and girls who made such advances possible are often subjected to a form of
exploitation that is gender-based at its heart.
64.
Feminized poverty pushes women and girls into domestic work and makes them
easy to exploit. Women, who often carry the burden of providing for children, suffer
disproportionally from cuts to welfare programmes and essential public services in a
situation of economic crisis and budget cuts. In many countries, the collapse of entire
agricultural sectors, often linked to inequitable terms of trade, has driven also women and
girls into rural–urban or international migrations. With the supply of cheap, desperate
28
29
30
GE.10-15169
Protocol to Suppress, Punish and Prevent Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime, art. 3. See
also the Council of Europe Convention on Action against Trafficking in Human Beings, art. 4.
Cf. ibid.
See Special Rapporteur on trafficking in persons, especially women and children, mission to
Lebanon, E/CN.4/2006/62/Add.3, paras. 28–33.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents