Badges of modern slavery

Paz-Fuchs, Amir (2016) Badges of modern slavery. Modern Law Review, 79 (5). pp. 757-785. ISSN 0026-7961

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Abstract

Notwithstanding the 19th century formal abolition of slavery as legal ownership of people, modern slavery and forced labour have not been consigned to the past. In fact, their existence is more widespread, and made more difficult to tackle due to the lack of formal, legal criteria. This article suggests that reference to the past, historical institutions reveals seven ‘badges of slavery’ that are helpful in identifying occurrences of modern slavery and forced labour. These are: humiliation, ownership of people, exploitation of the vulnerable, lack of consent, terms and conditions of employment, limits on the power to end the employment relationship, and denial of rights outside the work relationship. These aspects constitute modern slavery as such, and thus distinguishes it from other instances of exploitative employment relations, however problematic. In addition, even where the label of modern slavery is misplaced, the identification of particular badges of slavery in contemporary employment relations may assist in highlighting their troubling facets.

Item Type: Article
Keywords: Slavery; forced labour; migrant work; employment law
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: B Philosophy. Psychology. Religion
J Political Science > JC Political theory. The state. Theories of the state
K Law
Depositing User: Amir Paz-Fuchs
Date Deposited: 31 May 2016 11:15
Last Modified: 03 Sep 2017 15:09
URI: http://sro.sussex.ac.uk/id/eprint/61205

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