A/HRC/45/8
during a state of emergency, that article 2 (3) (a), on provision of remedies, should be
adhered to even during a state of emergency, as it “constitutes a treaty obligation inherent
in the Covenant as a whole” (para. 14).
70.
More specifically, the obligation to implement measures to protect the victims of
slavery, servitude or forced labour has been recognized as part of the prohibition of these
practices,102 and its non-derogable nature should be interpreted as imposing an additional
protection obligation during the COVID-19 crisis. Other instruments, such as the Protocol
to the Forced Labour Convention (1930) No. 29, the Convention on the Rights of the Child
(arts. 24 and 32) and the Convention on the Rights of Persons with Disabilities (art. 16)103
strengthen this obligation.
71.
The type of protection and other remedies needed are related to the nature and extent
of the harm suffered. It is essential that States provide tailored assistance, paying due regard
to the specific needs and vulnerabilities of the victims and survivors. That might include
equal and effective access to competent and independent judicial authorities, legal services,
safe shelter, linguistic support, training and education, as well as adequate reparation,
including restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition (A/HRC/36/43, paras. 57–58). 104 It is also important that States continue to
provide adequate financial and other support to public and civil society organizations that
offer assistance and services to individuals subjected to contemporary forms of slavery.
Furthermore, States should extend the visas of, or secure immigration status for, foreign
individuals subjected to contemporary forms of slavery, including migrant workers and
trafficked persons, particularly when they are not able to return home owing to the
imposition of strict travel restrictions. Collective expulsion of such individuals should never
be implemented, even during a state of emergency, such as those imposed owing to the
COVID-19 pandemic.105
72.
It also is important to bear in mind that the risk of COVID-19 infection is likely to
be very high for those held in contemporary forms of slavery. Older workers and those with
pre-existing health conditions and disabilities are particularly vulnerable to contracting the
virus. Therefore, the Special Rapporteur is of the view that all victims of contemporary
forms of slavery should be granted priority access to testing for COVID-19, and those who
test positive should be given free medical treatment.
2.
Wider measures to mitigate the impact of COVID-19
73.
While it is crucial to secure access to justice, protection and other remedies for the
victims and survivors of contemporary forms of slavery, it is not sufficient, as relevant
measures have not been designed to address the underlying problem of unemployment
caused by COVID-19. States should therefore implement additional measures such as
provision of financial assistance and incentives for businesses, as well as income support
and social security benefits for unemployed workers in order to mitigate the impact of
unemployment, which in its worst form includes a risk of falling prey to slavery.
74.
This may be regarded as part of the obligation to prevent contemporary forms of
slavery by addressing the root causes, including unemployment (A/65/228, para. 65). It is in
line with the obligation to promote and protect the right to work under article 6 of the
International Covenant on Economic, Social and Cultural Rights, including the need to
establish a compensation mechanism in the event of loss of employment. 106 The
102
103
104
105
106
European Court of Human Rights, Rantsev v. Cyprus and Russia, para. 286.
See also Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016) on
women and girls with disabilities.
See also 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.
Human Rights Committee, general comments No. 15 (1986) on the position of aliens under the
Covenant, para 10, and No. 29, para. 13.
Committee on Economic, Social and Cultural Rights, general comment No. 18 (2005) on the right to
work, para. 26.
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