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
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