Human Rights Obligations of States to Address ‘Modern Slavery’

Abstract

Abstract The chapter sheds light on the potential of human rights law to provide effective protection to victims of ‘modern slavery’. Grounded in the case law of international tribunals, the chapter conducts a comprehensive analysis of positive obligations arising out of the prohibition of ‘modern slavery’. By analysing general and specific obligations imposed by the human rights prohibition of ‘modern slavery’, as well as the methods for establishing when such obligations have been breached or fulfilled, the chapter outlines the scope of state responsibility to address ‘modern slavery’ and explores the remedies owed to victims. This analysis complements the rich commentary on states’ positive obligations in cases concerning the right to life and the prohibition of torture and other degrading treatment, highlighting in particular the situations where these rights are threatened by actions of private individuals—a distinction often overlooked in both human rights jurisprudence and academic work.