Moral and Legal Basis

The moral and legal basis for condemning slavery and human trafficking

(Extract from the RAGAS Ambassador’s Speakers Toolbox)

The moral basis

The modern, global expression of moral repugnance for, and foundation for slavery’s illegality, can be found in the Universal Declaration of Human Rights (UDHR) made by the UN in 1948 – merely a declaration of course, but remarkably without a single dissenting vote.

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind …

Article 3. Everyone has the right to life, liberty and security of person.

Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

The remaining 26 Articles outlaw torture and declare the other rights such as the right to life, and freedom from slavery, which are now enshrined in international law, through a body of treaties and conventions.

Note the order in which slavery appears in the Declaration: immediately after the right to life. So unlike the position 200 years ago campaigning against slavery is not attempting to impose on others an opinion thought by some to be radical. It is not “political” or disputed policy. You’ll never see a manifesto in favour of slavery. We are merely trying to ensure that the law is obeyed.

United Nations Sustainable Development Goals

The World Heads of State, meeting at the UN Headquarters in New York from 25-27 September 2015, decided on set of global Sustainable Development Goals with a number of targets to be achieved by 2030.

Target 8.7: “Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its form.”

Joint Faith Declaration on Slavery

On 2nd December 2014 Catholic, Anglican, Muslim, Hindu, Buddhist, Jewish and Orthodox religious leaders signed a Joint Declaration of Religious Leaders Against Modern Slavery as a public statement of their commitment to work together in spiritual and practical action to eradicate this crime against humanity and restore dignity and freedom to its victims.

Some Declaration extracts:

“The leaders of the world's great global faiths have just come together in Vatican City to clarify any perceived ambiguity in holy texts and achieve a public proclamation condemning slavery for all the time. They have agreed and essential truth that all people are valued equally by God.”

“Modern Slavery is a crime against humanity.”

“Modern slavery is hidden in places of prostitution, in factories and farms, and fishing boats, illegal sweatshops, private homes, behind locked doors and in a myriad of other places. It exists in cities, villages and communities in every country in the world rich or poor. This complex criminal activity crosses borders and challenges society at every level, cunningly invading judicial and civil controls. In order for it to end, urgent and coordinated global action is needed.”

“The moral political and economic impacts of modern slavery pervade and harm our societies and peoples. Eradication of this evil requires the united effort, coordination and resources of all sovereign, corporate, faith and civil leaders.” 

“We pledge ourselves here today to do all in our power within our faith communities and beyond, to work together for the freedom of all those who are in slaved and traffic so that their future may be restored. Today we have the opportunity, awareness, wisdom, innovation and technology to achieve this human and moral imperative.”

Numerous resources associated with this Declaration are available from the Global Freedom Network.

Legal framework against slavery

1. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery 1956, and the International Covenant on Civil and Political Rights 1966 (ICCPR) both outlaw HT/ MS.

Most countries are parties to these Conventions, and thus, in customary international law, it is applicable to, and in, all countries. Surprisingly perhaps, not every country has criminalised HT/ MS in their own domestic (national) laws: 94 states appear not to have such legislation. Such laws began to appear in the very early 19c (Denmark) and the process gradually continues through to the early part the 21c (Chad 2017).

To clarify this, it is not unusual for international law and domestic laws to conflict. For example in some countries domestic law permits:

• capital punishment for minors (Egypt, Iran), or embezzlement (China)

• lengthy imprisonment for insulting the head of state (e.g. Saudi Arabia).

However, such executions or imprisonment are illegal under International Law. So it occasionally is with slavery. A country hasn’t banned slavery but it is illegal under customary international law. Most importantly, under international law, HT/ MS is illegal everywhere.

2. 13th Amendment to the US Constitution

Passed by the US Congress on January 31, 1865, and ratified on December 6, 1865, the 13th amendment abolished slavery in the United States and provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

The exemption "except as a punishment for crime whereof the party shall have been duly convicted" has led the USA into a situation where its treatment of prisoners can fall under the category of state-imposed forced labour. See Michele Goodwin's The Thirteenth Amendment: modern slavery, capitalism, and mass incarceration for a detailed discussion.

3. Other domestic legislation

Wherever you live it’s worth being aware of your own country’s statutes. You can find overviews online. There are some powerful pieces of legislation, especially relevant to businesses, such as:

• UK: Modern Slavery Act (2015)

• Australia: Modern Slavery Act (2018) , as well as the separate New South Wales state Modern Slavery Act (2018)

• USA: Trafficking Victim’s Protection Act (2000)

• California: Transparency in Supply Chains Act (2010)

• France: Corporate Duty of Vigilance Law (2017)

• Canada: Fighting Against Forced Labour and Child Labour in Supply Chains Act (2023)

• Germany: Act on Corporate Due Diligence Obligations in Supply Chains (2021)

• European Union: Regulation on prohibiting products made with forced labour on the Union market (2024, though not enforceable until Dec 2027)