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Paz-Fuchs - Badges of Modern Slavery.pdf (784.15 kB)

Badges of modern slavery

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journal contribution
posted on 2023-06-09, 01:25 authored by Amir Paz-FuchsAmir Paz-Fuchs
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.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Modern Law Review

ISSN

0026-7961

Publisher

Blackwell Publishing

Issue

5

Volume

79

Page range

757-785

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-05-31

First Open Access (FOA) Date

2017-09-02

First Compliant Deposit (FCD) Date

2016-05-28

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