Paz-Fuchs - Badges of Modern Slavery.pdf (784.15 kB)
Badges of modern slavery
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 ReviewISSN
0026-7961Publisher
Blackwell PublishingExternal DOI
Issue
5Volume
79Page range
757-785Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2016-05-31First Open Access (FOA) Date
2017-09-02First Compliant Deposit (FCD) Date
2016-05-28Usage metrics
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