TY - JOUR
AU - Andrees, Beate
AB - AbstractThis article focuses on international labour standards and the contribution they make towards securing justice for victims of forced labour practices, outside of the context of armed conflict. It is argued that, in order to address the root causes of contemporary forced labour and slavery, criminal justice responses should be viewed within a broader system of labour justice. This broader system allows for deeply entrenched discriminatory beliefs and practices and socio-economic relationships, which commonly underpin practices of forced labour, to be slowly changed over time, by privileging a collective logic of bargaining between organized workers and employers. It also addresses practices that fall below the threshold of criminal conduct, but nonetheless, may contribute to the exaction of forced labour. By analysing international labour standards, and their supervision and concrete application, this article demonstrates that justice for the most excluded in today’s labour markets requires a combination of pressure and persuasion on those individuals and entities that can potentially change the structural root causes of forced labour. The importance of criminal justice and strategic litigation in individual cases is not rejected or overlooked. On the contrary, criminal justice needs to be strengthened and better applied to end widespread impunity. But, as argued from the outset, many practices related to contemporary forms of forced labour and slavery should also be dealt with under alternative mechanisms of justice so that the underlying root causes can be effectively eliminated.
TI - Defending Rights, Securing Justice
JO - Journal of International Criminal Justice
DO - 10.1093/jicj/mqw018
DA - 2016-05-01
UR - https://www.deepdyve.com/lp/oxford-university-press/defending-rights-securing-justice-GEQm6nRezA
SP - 343
EP - 362
VL - 14
IS - 2
DP - DeepDyve
ER -