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State Responsibility for Modern Slavery in Human Rights Law: A Right Not to Be Trafficked

State Responsibility for Modern Slavery in Human Rights Law: A Right Not to Be Trafficked

Author: Marija Jovanovic
Publisher: Oxford University Press
ISBN: 9780192867087
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book.

Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the ‘absolute’ nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.

1:Introduction

Part I: Human Trafficking and Human Rights Law

2:On the Legal Nature of Human Trafficking

3:A Right Not to be Trafficked?

4:The Notion of Exploitation - Theoretical Foundations of the Human Rights Prohibition of 'Modern Slavery'

PART II: State Responsibility for 'Modern Slavery' in Human Rights Law

5:Positive Obligations as a Means of Establishing State Responsibility for 'Modern Slavery' in Human Rights Law

6:Human Rights Obligations of States to Address 'Modern Slavery'

7:The Role of Specialised Anti-Trafficking Instruments in Shaping Human Rights Obligations of States to Address 'Modern Slavery'

8:Conclusion: Human Rights Law, Slavery, and State in the 21st Century