A/HRC/15/20*
B.
Manifestations of domestic servitude and domestic slavery
23.
Owing to the indicated vulnerabilities, domestic workers are often subject to unfair
and exploitative labour practices. Some are paid way below minimum wage standards or
not at all, while others are confronted with the arbitrary deduction or withholding of wages.
Many domestic workers are expected to live with their employers, yet are only offered substandard or degrading living conditions. Live-in workers might be expected to work 16–18
hours a day, be always on call and forego regular rest days and vacations. They frequently
face restrictions on their freedom of communication and movement. Physical, emotional
and sexual abuse is also common.
24.
The line between domestic work, albeit accompanied by serious violations of fair
labour standards, and domestic servitude and slavery is difficult to draw. In practice, there
is a wide spectrum ranging from domestic workers engaged in labour relationships that
follow applicable labour and human rights standards to victims of domestic servitude and
slavery. Owing to the criminal and hence clandestine nature of servitude and slavery, it is
impossible to determine what percentage of domestic workers are actually victims thereof.
25.
Slavery and servitude have in common that the victim is economically exploited,
totally dependent on other individuals and cannot end the relationship at his or her own
volition. In cases of slavery, as classically defined by the Slavery, Servitude, Forced Labour
and Similar Institutions and Practices Convention of 1926, the perpetrator puts forward a
claim to “own” the victim that is sustained by custom, social practice or domestic law, even
though it violates international law. In servitude and slavery like practices, no such claim to
formal ownership exists.7 This does not mean that servitude is the lesser human rights
violation: the humiliation, exploitation and suffering can be equally or more intense
depending on the nature of the individual case.
26.
Domestic servitude and domestic slavery can be distinguished by the fact that the
exploitation takes place primarily in or around the household of the perpetrators. In many
cases, these phenomena go hand in hand with other forms of servitude and slavery. Beyond
having to do household chores, for instance, a victim might be forced to work in
agriculture, in the market or engage in prostitution.
27.
The Special Rapporteur has discerned a number of instances, where people engaged
in domestic work are victims of servitude or slavery as defined by the 1926 Slavery
Convention, the Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery of 1956 (the 1956 Supplementary
Convention on Slavery) and jurisprudence relating to article 8 of the International Covenant
on Civil and Political Rights.
1.
Domestic slavery
28.
Domestic slavery, alongside other forms of slavery, still exists in parts of the world,
notably in certain countries of the Sahel region of Western Africa. The 1926 Slavery
Convention (art. 1) defines slavery as “the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are exercised”. Slavery still exists in
certain sectors of society in Mauritania, even though the Government has outlawed and
criminalized the practice (see A/HRC/15/20/Add.2). Women and children in particular end
up in domestic slavery. They must work from before sunrise to after sunset, caring for the
7
6
responses to it (Geneva, ILO, 2004), p. III.
See also European Court of Human Rights, Siliadin v. France, application no. 73316/01, 26 July
2005, paras. 122 ff.
GE.10-15169
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