State Responsibility for 'Modern Slavery' in Human Rights Law: A Right Not to Be Trafficked

This book examines the role and responsibility of states in addressing modern slavery, a diverse set of practices usually perpetrated by non-state actors, against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. It also considers the absolute nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term, and the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery.

Format: Hardback
Length: 240 pages
Publication date: 17 February 2023
Publisher: Oxford University Press

Modern slavery, a complex phenomenon characterized by various practices often carried out by non-state actors, poses significant challenges to the international community. In her book, Marija Jovanovich delves into the role and responsibility of states in addressing this issue within the framework of international human rights law. The book explores the interplay between criminal law and human rights law, shedding light on the different mechanisms employed to secure justice for victims of modern slavery. It examines the absolute nature of the prohibition of modern slavery in human rights law, the range of practices encompassed by this term, and their interconnectedness. Furthermore, the book discusses the positive obligations of states established by international human rights tribunals towards individuals subjected to modern slavery. It assesses the standards for evaluating state responsibility in these situations, highlighting both the limitations and potential of human rights law in combating this global problem.

By engaging with the concept of exploitation in human rights law, Jovanovich brings together diverse practices of modern slavery, including servitude, forced labor, and human trafficking, into a coherent concept. The book provides a comprehensive critique of the existing human rights jurisprudence, offering insights into the strengths and weaknesses of the legal framework. At the same time, it provides a roadmap for the future development of law on this subject, emphasizing the limitations of human rights law as a tool for addressing modern slavery.

In conclusion, Modern Slavery and Human Rights Law is a valuable contribution to the field of international law and human rights. It sheds light on the complex relationship between criminal law and human rights law, providing a comprehensive analysis of the challenges and opportunities in addressing modern slavery. Through its critical engagement with the concept of exploitation in human rights law, the book offers a roadmap for the future development of law on this subject, emphasizing the need for a multi-faceted approach that includes both legal and social measures.

Weight: 496g
Dimension: 241 x 165 x 19 (mm)
ISBN-13: 9780192867087