Full Description
This seminal volume provides a rigorous doctrinal analysis of contemporary slavery through the lens of criminal law and legal dogmatics. It addresses the modern paradox of universal prohibition coexisting with thriving exploitation, offering a robust instrument for law interpretation in both domestic and international courts.
The treatise is organized into four sections. Section I establishes conceptual foundations, diagnosing slavery as an organic product of structural vulnerability within the global neoliberal model rather than a historical anomaly. It further provides a profound constitutionalist perspective on human dignity, a concept essential for a comprehensive understanding of slavery.
Section II maps international standards, tracing the evolution of Article 4 of the ECHR and ILO benchmarks. It elucidates the critical shift from legal ownership to the de facto exercise of powers attaching to ownership, maintaining the severity threshold required to distinguish human rights violations from mere labour malpractice.
A cornerstone of the work is the Anti-Slavery Model Legislation (The Guide to Domestic Legislation) in Section III. This template defines and provides penal frameworks for ten stand-alone forms of exploitation, including slavery, servitude, and forced labour. This section also offers comparative analyses of European and South American legal landscapes.
Section IV addresses institutions of heightened criminal relevance, including the non-punishment provision for victims, complexities in global supply chains, and the challenges of "borderless" criminal jurisdiction. It tackles corporate "ubiquity" and "forum shopping," proposing models to ensure accountability in fragmented productive networks.
By assembling preeminent legal scholars and practitioners, this book transcends sociological description to provide the dogmatic precision required to narrow the space of impunity. It serves as an indispensable resource for understanding how diverse jurisdictions regulate the most heinous affronts to human freedom and legal personality.
Contents
Introduction.- Differences and similarities: influence of historical slavery in its contemporary forms.- The intersection of migration, vulnerability, and contemporary forms of slavery.- Forced labour in light of living and working conditions under a neoliberal model.- The category of dignity and its difficult legal characterization.- Slavery's twentieth century problem.- The prohibition of slavery and similar practices within the European human rights system: evolving standards and conceptual challenges under Article 4 ECHR.- Forced labour in ILO conventions.- The integration of the SDGs into policies against labor trafficking: shortcomings in the protection of decent work and in the gender perspective in Spanish practice.- A Domestic Legislation Guide for Prohibited Forms of Human Exploitation.- Legitimacy and function of criminal law in the face of contemporary forms of slavery.- Criminal policy on trafficking and exploitation of human beings in Spain: critical assessment of the Spanish Draft Bill of a Comprehensive Law.- Contemporary forms of slavery in comparative law within the European context.- Contemporary forms of slavery in South American law.- Purpose, content and scope of human trafficking. A special reference to physical exploitation.- Non-punishment provision for trafficking victims.- Decent Work in Global Value Chains: From Private Unilateral and Bilateral Self-Regulations to Mandatory Public Regulations.- Human rights abuses, corporations and "borderless" criminal jurisdiction.- Supply chains and criminal violations of human rights. In search of criminalisation models.
