Freedom from Slavery or Forced Labour

The right to be free from slavery is contained in Article 4 of the European Convention on Human Rights (ECHR). Article 4 has two parts:
- The first part of Article 4 states that nobody shall be held in slavery or servitude
- The second part states that nobody shall be subjected to forced or compulsory labour.
The Definition of Slavery
To be a slave is to be owned by another person and to, effectively, be deprived of one’s autonomy. Slavery was abolished in the UK in the 19th Century and it may seem inconceivable that the term has any ongoing relevance in modern Europe. However, there are still occasions when an individual is found to have been kept as a slave.Servitude is comparable to slavery but also covers the situation where an individual is completely in the power of another person but not actually owned by them.
The Definition of Forced or Compulsory Labour
Forced or compulsory labour covers any type of work, whether physical or otherwise, which an individual is compelled to do. The compulsion will usually be by the threat of punishment if the individual fails to comply.The Right to Freedom from Slavery
The right to freedom from slavery is a fundamental human right. This is one of the few rights contained in the ECHR and, by extension, the UK Human Rights Act, which is absolute. This means that there is no set of circumstances which can override or qualify an individual’s right to be free from slavery.The Right to Freedom from Forced Labour
Whilst the right to freedom from forced or compulsory labour is also an absolute right, Article 4 gives specific examples of what does not constitute forced labour. Therefore to some extent this part of the human right is qualified.The following circumstances do not constitute forced labour for the purposes of human rights law:
- Work which has to be done, following a conviction, as part of a prison sentence or community sentence;
- Military service, service to be performed as an alternative to military service by conscientious objectors or equivalent services to be performed by civilians. This applies regardless of whether an individual joined the armed forces voluntarily or was drafted;
- Service which has to be performed because of a public emergency or other situation which puts at risk the life or well-being of the community;
- Any work or service which constitutes the ordinary duties of members of a civilised society.
The Application of the Right to Freedom from Slavery or Forced Labour
The issue of slavery may be of particular relevance today in relation to the victims of human trafficking who may be brought to the UK as the property of criminal gangs. Similarly, foreign nationals trafficked to the UK may have their passports taken away in order to prevent them from leaving and to force them to work.The conditions of such victims and workers may amount to slavery or servitude and will almost certainly constitute forced labour. Anyone treating another individual in this way would undoubtedly be acting unlawfully as such acts are contrary to both criminal and civil law. However, they would not form the basis of a human right’s claim because the perpetrator would not be a public authority.
Human rights claims based on a public authority’s breach of an individual’s right to freedom from slavery or forced labour are rare. Those which do come before a court tend to be unsuccessful. Examples of situations which have been held not to form a breach of this right include:
- Unemployed people being deprived of state benefits if they refuse to accept a job;
- Trainee lawyers being made to do voluntary work as part of their, paid, apprenticeship;
- A landlord being obliged to maintain a building which he owns;
- An employer having to deduct taxes from the wages of his employees.
Business Energy With a Difference
If you are looking for business energy or need advanced solutions like remote energy monitoring, new supplies, downgrading or upgrading capacity, have a no obligation chat with Purely Energy.
To find our more get in touch here. or call 0161 521 3400.
Re: UK Breaches of Human Rights Law
In 2018 social workers in Bournemouth deliberately neglected my concerns for the welfare of my daughter the lady in question…
Re: Can a Case Be Heard Without a Newspaper Reporter Present?
The son of a close friend is due in court for sexual abuse One of the complainers has a…
Re: The UK's Equality and Human Rights Commission
How are you? I think London remains alert everywhere to human compassion. But I am feeling this less.…
Re: When a Country Breaches International Human Rights Law
My skibidi rizz was fanum taxed by Kai Cenat and that has brutally violated my human rights and…
Re: When a Country Breaches International Human Rights Law
The earth is flat and the moon landing was fake
Re: Human Rights and Adopted Children
TWO PASSPORTS FOR INTERNATIONAL ADOPTION I adopted two kids on international adoption and got my nationality after the…
Re: Human Rights and Medical Treatment
I am very concerned about my feelings of being gaslighted by just about everyone! I am a victim of the mesh implant I have…
Re: Do Airport Security Measures Breach My Human Rights?
There were no Muslims in the west and no problems. Then the leftists in power decided to bring…
Re: Can You Be Charged Without Caution?
So I was arrested from my home for something but I was taken to police station searched trousers took off me for there…
Re: Can You Be Charged Without Caution?
Can I be taken to court when no Interview was done and was on bail awaiting a new date to return for interview.