It’s all about control: el concepto de trabajos forzosos
Author(s) -
Ana Belén Valverde Cano
Publication year - 2020
Publication title -
revista de derecho penal y criminología
Language(s) - English
Resource type - Journals
eISSN - 2255-3533
pISSN - 1132-9955
DOI - 10.5944/rdpc.22.2019.27490
Subject(s) - humanities , philosophy , political science
The aim of this paper is to comprehensively analyse the concept of forced or compulsory labour in International Law, and to identify the normative criteria of what forced labour is –and especially what it is not–. To this end, it is firstly argued that the current binding definition is still enshrined within the ILO Forced Labour Convention No. 29. Hereafter, the normative substance of the prohibition of forced labour will be established with the objective to determine the minimum threshold of the obligations of States in this regard, especially those bound by the ECtHR’s case-law. Particularly, it will be considered the weight of the severity of the abuses or ill-treatment in assessing the validity of consent, and the role played by the forced labour “exceptions” in its delimitation. Thus, although the competent bodies have interpreted the concept in a contradictory manner, it may be demonstrated that it is more apparent than real. Finally, a tool is presented to identify the essential and non-essential elements of forced labour: the control continuum. This criterion emphasises the underlying control elements that might limit or prevent from validly expressing consent. Furthermore, it allows us to draw the line between forced labour and other exploitative situations, such as slavery, servitude or labour exploitation.
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