subject to intense debate.5 It is further considered below (part 1, section 4.3) in the specific context of international humanitarian law and international criminal law. 2.2.4. TREATIES PROHIBITING FORCED LABOUR AND CHILD LABOUR While a number of the human rights treaties cited below also cover forced labour and child labour, these issues have primarily been dealt with through the following conventions, developed under the auspices of the International Labour Organization (ILO): • 1930 Convention Concerning Forced and Compulsory Labour (ILO Convention 29); • 1957 Convention Concerning the Abolition of Forced Labour (ILO Convention 105); • 1999 Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO Convention 182) (identifies trafficking as one of several “worst forms of child labour”). 2.2.5. RELEVANT HUMAN RIGHTS TREATIES: INTERNATIONAL International human rights treaties form an important part of the applicable legal framework around trafficking. Two of the “core” international human rights treaties contain substantial and specific references to trafficking and related exploitation: See, for example, James C. Hathaway, “The human rights quagmire of human trafficking”, Virginia Journal of International Law, vol. 49, No. 1, p. 1 and Anne Gallagher, “Human rights and human trafficking: quagmire or firm ground? A response to James Hathaway”, Virginia Journal of International Law, vol. 49, No. 4, p. 789 (hereinafter referred to as Gallagher, “Human rights and human trafficking: quagmire or firm ground?”). 5 • 1979 Convention on the Elimination of All Forms of Discrimination against Women: article 6 requires States parties to take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of the prostitution of women; and • 1989 Convention on the Rights of the Child: prohibits trafficking in children for any purpose as well as the sexual exploitation of children and forced or exploitative labour. This Convention also contains important protections for children who have been trafficked. Other human rights treaties prohibit certain behaviours or practices that have been linked to trafficking, including: ethnic, racial and sexbased discrimination; discrimination on the basis of disability; slavery; forced labour and servitude; exploitation of prostitution; sale of children and sexual exploitation of children; forced marriage; torture and inhuman treatment and punishment; and arbitrary detention. International human rights treaties also identify and protect certain rights that are particularly important in the context of trafficking, such as: the right to own and inherit property; the right to education; the right of opportunity to gain a living through work freely chosen or accepted; the right to a fair trial; and the right to a remedy. The following additional human rights treaties include provisions or protections that are relevant to trafficking: • 1966 International Covenant on Civil and Political Rights; • 1966 First Optional Protocol to the International Covenant on Civil and Political Rights (provides right of individual complaint); • 1966 International Covenant on Economic, Social and Cultural Rights; • 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (not yet in force); COMMENTARY 21

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