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Workers of the Hacienda Brasil Verde v Brazil: Putting the Judgment in Perspective

Workers of the Hacienda Brasil Verde v Brazil: Putting the Judgment in Perspective IntroductionThe judgment in this case by the Inter-American Court of Human Rights (IACtHR) has been rightly acclaimed as seminal.1It is the first ruling by the Court to address specifically the concerns of slavery in the Americas, and can be seen as a positive step for the application of both regional and international standards on slavery and slavery-like practices.Moreover, the judgment addresses far more than the criminal offenses of slavery, slavery-like practices, and human trafficking. It seeks to break new ground on two points. First is the jurisprudence of a regional human rights court in respect to the underlying factors of structural discrimination, grounded in extreme poverty and vulnerability, that create a breeding ground for severe labor exploitation in a remote region, such as the Brazilian Amazon. Second is the obligation of the State to address related long-standing patterns of discrimination.Yet, the judgment presents something of a paradox. On the one hand, the exploitative practices referred to in the country’s law and policy as slave labor have been widely documented in Brazil over the past two decades, particularly but not only in remote parts of the Amazon region, where vulnerable workers from the northeast have been subjected to coercive recruitment http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labor Rights Case Law Brill

Workers of the Hacienda Brasil Verde v Brazil: Putting the Judgment in Perspective

Plant, Roger
International Labor Rights Case Law , Volume 3 (3): 6 – Sep 11, 2017
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2405-688X
eISSN
2405-6901
DOI
10.1163/24056901-00303015
Publisher site
See Article on Publisher Site

Abstract

IntroductionThe judgment in this case by the Inter-American Court of Human Rights (IACtHR) has been rightly acclaimed as seminal.1It is the first ruling by the Court to address specifically the concerns of slavery in the Americas, and can be seen as a positive step for the application of both regional and international standards on slavery and slavery-like practices.Moreover, the judgment addresses far more than the criminal offenses of slavery, slavery-like practices, and human trafficking. It seeks to break new ground on two points. First is the jurisprudence of a regional human rights court in respect to the underlying factors of structural discrimination, grounded in extreme poverty and vulnerability, that create a breeding ground for severe labor exploitation in a remote region, such as the Brazilian Amazon. Second is the obligation of the State to address related long-standing patterns of discrimination.Yet, the judgment presents something of a paradox. On the one hand, the exploitative practices referred to in the country’s law and policy as slave labor have been widely documented in Brazil over the past two decades, particularly but not only in remote parts of the Amazon region, where vulnerable workers from the northeast have been subjected to coercive recruitment

Journal

International Labor Rights Case Law – Brill

Published: Sep 11, 2017

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