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Conceptual unclarity, human dignity and contemporary forms of slavery: An appraisal and some proposals
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Abstract
The aim of this article is twofold: first, it analyses the international concept of human dignity and assesses the role it might play in the field of contemporary forms of slavery; second, it formulates some proposals for redirecting the debate on the relevant international legal definitions in this field. The article argues that the operationalization of the concept of dignity as a general principle of law relevant to the suppression of contemporary forms of slavery might serve certain legal purposes that are examined in this study. However, a number of additional actions would be needed in order to clear the muddy waters in the field of ‘contemporary forms of slavery’. As recently recognized by the present author in a Report requested by the Sub-Committee on Human Rights of the European Parliament, the concept of ‘contemporary forms of slavery’ – as well as similar concepts, such as modern forms of slavery, modern slavery, and contemporary slavery – is frequently used as a non-legal umbrella term, covering multiple exploitative practices ‘while avoiding a careful scrutiny on whether or not they fit the legal concept of slavery as defined by the outdated 1926 Slavery Convention or those of some others exploitative practices defined under international treaty law’.
Such actions include, first, assessing the existence under international customary law of a minimum core of practices constituting ‘contemporary forms of slavery’, second, redirecting the focus on the interpretation of the peremptory (jus cogens) norm prohibiting slavery, which so far has not received adequate attention by international law scholars who have instead dedicated much attention to interpreting the definition of slavery included in the 1926 Slavery Convention, and, third, promoting the adoption of a new treaty on contemporary forms of slavery that would fill in any remaining loopholes.
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Date
2019
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Research Projects
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Slavery
Citation
Scarpa, Silvia. “Conceptual Unclarity, Human Dignity and Contemporary Forms of Slavery: An Appraisal and Some Proposals” 64 Questions of International Law (QIL) Zoom-In, p. 19 – 41. 2019.