The 21st Century Slave Trade; Forced Labour and Human Trafficking

November 19, 2009 | No Comments

by Gwendolen Morgan (Bindmans LLP)

This article discusses the legal system’s failure to protect the victims of forced labour and servitude, despite the UK’s signing of all key international agreements.

It outlines the inadequacies of the offence of trafficking for the purposes of exploitation under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 s.4. The author attempts to address the lacuna, focusing on the referral of a case to Strasbourg for the UK’s failure to implement the European Convention on Human Rights 1950 art.4, campaigning and proposed legislative amendments, and efforts to improve the statistical evidence.

Statutes: Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, s.4

International Legislation: European Convention on Human Rights 1950, art.4

(The article in full is published in the New Law Journal N.L.J. (2009) Vol.159 No.7392 Pages 1538-1539)

Art. 04 Freedom from Slavery, Asylum & Immigration Law, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.