PART 1
Practices similar to slavery: the 1956
Supplementary Convention on Slavery refers to
the institutions and practices of debt bondage,
serfdom, servile forms of marriage and the
exploitation of the labour of children,29
which are all held to be similar to slavery.
Debt bondage and servile forms of marriage
are two practices of particular relevance in
the trafficking context. Article 1 (a) of the
Supplementary Convention on Slavery defines
debt bondage as:
The status or condition arising from a pledge
by a debtor of his personal services or those
of a person under his control as security
for a debt, if the value of those services as
reasonably assessed is not applied towards
the liquidation of the debt or the length and
nature of those services are not respectively
limited and defined.
In relation to servile forms of marriage, article 1
(c) of the Supplementary Convention on Slavery
refers to:
Any institution or practice, whereby:
(i) a woman, without the right to refuse, is
promised or given in marriage on payment
“Any institution or practice whereby a child or young
person under the age of 18 years, is delivered by either or
both of his natural parents or by his guardian to another
person, whether for reward or not, with a view to the
exploitation of the child or young person or of his labour”
(art. 1 (d)).
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of a consideration in money or in kind to her
parents, guardian, family or any other person
or group; or (ii) the husband of a woman, his
family, or his clan, has the right to transfer
her to another person for value received or
otherwise; or (iii) a woman on the death
of her husband is liable to be inherited by
another person.
Article 2 of the Convention Concerning Forced
and Compulsory Labour, 1930, defines forced
labour as:
[A]ll work or service which is extracted from
any person under the menace of any penalty
and for which the said person has not offered
himself voluntarily.30
In the case of children, the Committee on the Rights of
the Child has explained the definition of forced labour
as follows: “… any substantial work or services that a
person is obliged to perform, by a public official, authority
or institution under threat of penalty; work or services
performed for private parties under coercion (e.g. the
deprivation of liberty, withholding of wages, confiscation
of identity documents or threat of punishment) and slaverylike practices such as debt bondage and the marriage
or betrothal of a child in exchange for consideration
(see International Labour Organization Convention No.
29 (1930) on Forced Labour (arts. 2 and 11), and the
Supplementary Convention on the Abolition of Slavery,
the Slave Trade, and Institutions and Practices Similar to
Slavery (art. 1)): “Revised Guidelines Regarding Initial
Reports to be submitted by States parties under article 12,
paragraph 1, of the Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography” (CRC/C/OPSC/2).
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RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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