A/HRC/9/20 page 10 III. LEGAL FRAMEWORK: REFERENCE TO EXISTING REGIONAL AND INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 26. In performing her functions, the Special Rapporteur will refer to fundamental human rights instruments such as article 4 of the Universal Declaration of Human Rights which states that “no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”. She will also rely upon its article 23 which states that “everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests”. Article 24 states: “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.” 27. The other main international human rights instruments that the Special Rapporteur shall refer to are: article 8 of the International Covenant on Civil and Political Rights, which prohibits slavery, the slave trade, servitude and forced labour; and articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights, which protects the right to just and favourable conditions of work. The International Covenant on Civil and Political Rights directly prohibits slavery and servitude in its article 8 in words similar to those of the Universal Declaration of Human Rights. It goes on to expound on slavery as being a non-derogable right under article 4, paragraph 2. In addition, the International Convention on the Suppression and Punishment of the Crime of Apartheid adopted in 1973 outlaws a number of inhuman acts committed for the purpose of establishing and maintaining domination by one racial group over any other, including exploitation of the labour of the members of a racial group or groups by subjecting them to forced labour. 28. The Special Rapporteur will also refer to regional human rights treaties such as article 4 (2) of the European Convention for the Protection of Human Rights, article 5 of the African Charter on Human and Peoples’ Rights and article 6 of the American Convention on Human Rights. 29. As basic legal instruments, the Special Rapporteur will rely on the Slavery Convention of 1926, the Protocol amending the Slavery Convention, the Supplementary Convention on the abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 30. The Special Rapporteur will also draw upon the ILO Conventions which seek to eliminate forced labour. These are the ILO Forced Labour Convention of 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105), which provide for the immediate and complete eradication of forced labour.

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