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1 – 10 of over 71000During the last ten years, the International Labour Organisation (ILO), and some other international organizations, have increasingly addressed human trafficking from a “forced…
Abstract
Purpose
During the last ten years, the International Labour Organisation (ILO), and some other international organizations, have increasingly addressed human trafficking from a “forced labour” perspective. The purpose of this paper is to clarify the terminology in relation to human trafficking and forced labour, to highlight the links between them, and to provide a critique of the ILO approach. It also aims to make the case for the implementation of a specific international instrument to address the link between trafficking and forced labour.
Design/methodology/approach
This paper compares the definitions of human trafficking and forced labour, the link between them in the United Nations, European and ILO instruments.
Findings
Although human trafficking is a criminal activity, the ILO identifies it as a form of forced labour. The paper concludes that, no matter what role the trafficking victims have in participating in the criminal activities, they should be viewed as victims and witnesses. They should not be viewed as “workers” or “labourers”. Any minor under the age of 18 years, in accordance with the European and international instruments, has no legal capacity to give consent to being exploited.
Originality/value
This paper argues that the international and European instruments do not specifically address the link between trafficking and forced labour. There is a need for a specific international instrument prescribing the link between trafficking and forced labour. In the absence of such an international instrument, there is a piece meal approach by international bodies and countries toward the regulation of trafficking and forced labour.
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This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized labor…
Abstract
This paper proposes a holistic institutional approach to provide insight into the policy reforms necessary to progressively achieve compliance with internationally recognized labor-related human rights. Drawing on institutions theory from political economy, the paper reframes international legal norms as holistic institutions, comprised of rules, social norms, and actual behaviors, the so-called rules of the game. In this way, problems in implementing labor-related human rights that may result in violations of international law are also considered as employment practices and, like other employment practices, are embedded in a web of formal and informal rules – institutions that govern work and employment. Based on the understanding that institutions contribute to violations, this holistic institutional approach also includes a framework to improve regulation and compliance based on Harold Koh's compliance theory from international law. The approach is illustrated using the example of forced obligatory overtime in textile assembly (maquilas) in Honduras and Nicaragua.
This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.For the most part, child slavery in modern societies is hidden…
Abstract
This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.
For the most part, child slavery in modern societies is hidden from view and cloaked in social customs, this being convenient for economic exploitation purposes.
The aim of this chapter is to bring children's ‘modern slavery’ out of the shadows, and thereby to help clarify and shape relevant social discourse and theory, social policies and practices, slavery-related legislation and instruments at all levels, and above all children's everyday lives, relationships and experiences.
The main focus is on issues surrounding (i) the concept of ‘slavery’; (ii) the types of slavery in the world today; (iii) and ‘child labour’ as a type, or basis, of slavery.
There is an in-depth examination of the implications of the notion of ‘slavery’ within international law for child labour, and especially that performed through schooling.
According to one influential approach, ‘slavery’ is a state marked by the loss of free will where a person is forced through violence or the threat of violence to give up the ability to sell freely his or her own labour power. If so, then hundreds of millions of children in modern and modernizing societies qualify as slaves by virtue of the labour they are forced – compulsorily and statutorily required – to perform within schools, whereby they, their labour and their labour power are controlled and exploited for economic purposes.
Under globalization, such enslavement has almost reached global saturation point.
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Evelyne Vanpoucke and Robert D. Klassen
Forced labour is one of the most exploitative practices in supply chains, generating serious human right abuses. The authors seek to understand how relationships for reducing…
Abstract
Purpose
Forced labour is one of the most exploitative practices in supply chains, generating serious human right abuses. The authors seek to understand how relationships for reducing forced labour are influenced by institutional logics. The emerging supply chain efforts of social enterprises offer particularly intriguing approaches, as their social mission can spur creative new approaches and reshape widely adopted management practices.
Design/methodology/approach
The authors study supplier relationships in the smartphone industry and compare the evolving practices of two cases: the first, a growing novel social enterprise; and the second, a high-profile commercial firm that has adopted a progressive role in combating forced labour.
Findings
The underlying institutional logic influenced each firm's willingness to act beyond its direct suppliers and to collaborate in flexible ways that create systematic change. Moreover, while both focal firms had clear, well-documented procedures related to forced labour, the integration, rather than decoupling, of forced labour and general supply chain policies provided a more effective way to reduce the risks of forced labour in social enterprises.
Research limitations/implications
As authors’ comparative case study approach may lack generalizability, future research is needed to broadly test their propositions.
Practical implications
The paper identifies preconditions in terms of institutional logics to successfully reduce the risk of forced labour in supply chains.
Originality/value
This paper discusses how social enterprises can provide a learning laboratory that enables commercial firms to identify options for supplier relationship improvement.
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The 2015 Modern Slavery Act focusses attention forms of modern slavery (human trafficking and forced labour), within the UK. The contemporaneous 2014 Care Act, identifies modern…
Abstract
Purpose
The 2015 Modern Slavery Act focusses attention forms of modern slavery (human trafficking and forced labour), within the UK. The contemporaneous 2014 Care Act, identifies modern slavery as a new form of risk within adult social care, listing forms of abuse and vulnerability. However, it does not consider whether those providing care may themselves be vulnerable to forms of modern slavery. The paper aims to discuss these issues.
Design/methodology/approach
The authors describe the history of the development of modern slavery legislation in the UK, outline key provisions of the Care Act, illustrated with real-life cases. The analysis suggests that adult social care – characterised by informality, fragmentation and vulnerability – is one where instances of modern slavery may be more common than considered to date.
Findings
The data collected, though relatively modest, suggests that a thorough investigation should be undertaken into the possibility of modern slavery taking place within the realm of adult social care.
Research limitations/implications
Data have been collected through a snowball process, rolling out a survey to relevant groups of individual and organisations. A more rigorous investigation is required to examine the extent of modern slavery within adult social care.
Practical implications
The training of those responsible for the regulation/management of adult social care needs to ensure that they are fully equipped to understand the nature of modern slavery and how to identify its symptoms and victims.
Social implications
There is also a need for heightened awareness of those close to people being cared for that they may also identify the symptoms of modern slavery.
Originality/value
This area has not been explored to date.
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Shakoor Ahmed, Larelle (Ellie) Chapple, Katherine Christ and Sarah Osborne
This research develops a set of specific modern slavery disclosure principles for organisations. It critically evaluates seven legislative Acts from five different countries and…
Abstract
This research develops a set of specific modern slavery disclosure principles for organisations. It critically evaluates seven legislative Acts from five different countries and 16 guidelines and directives from international organisations. By undertaking an in-depth content analysis, the research derives an index comprising nine principles and 49 disclosure items to promote best-practice disclosure in tackling modern slavery. We promote nine active principles for organisations to implement and disclose: recognising modern slavery practices, identifying risks, publishing a modern slavery risk prevention policy, proactive in assessing and addressing risks, assessing efficacy of actions, garnering internal and external oversight, externally communicating modern slavery risk mitigation, implementing a suppliers' assessment and code of conduct to ensure transparency and specifying consequences for non-compliance. The research is motivated by the United Nations Sustainable Development Goal 8, which focusses on economic growth, full and productive employment and decent work. The research findings will assist practitioners seeking to discover and disclose evidence of modern slavery practices and their mitigation to minimise and encourage the elimination of this unethical and illegal practice in domestic and global supply chains and operations.
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Sanja Milivojevic, Bodean Hedwards and Marie Segrave
This chapter considers the impetus for the inclusion of labour rights and secure work rights, with a particular focus on countering human trafficking and what is now widely known…
Abstract
This chapter considers the impetus for the inclusion of labour rights and secure work rights, with a particular focus on countering human trafficking and what is now widely known as ‘modern slavery’ in the UN Sustainable Development Goals (SDGs). The SDGs comprise 17 goals and 169 targets set to assist nation states in achieving sustainable development in the ‘five P’ areas: People, Planet, Prosperity, Peace and Partnership. In this chapter we analyse goals and targets that focus on modern slavery and adult human trafficking (in particular sex trafficking and trafficking for forced labour), and review the SDGs in the context of existing international counter-trafficking and slavery mechanisms. We consider what this novel framework has to offer when it comes to addressing these forms of exploitation. In so doing, the chapter considers the likely impact of the SDGs to preventing and countering these exploitative practices, and its potential usefulness within the broader spectrum of counter-trafficking/slavery mechanisms. We suggest that the SDGs are yet another international instrument that makes strong rhetorical commitments to the intersections of labour, migration and exploitation, but lacks clarity and operational strength it needs to lead the path in reduction, if not elimination of such exploitative practices. Finally, we analyse the extent to which this instrument continues to ignore the factors that contribute to or sustain the conditions for exploitation, namely the impact of migration policies and the gendered nature of the issue.
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Kezban Yagci Sokat and Nezih Altay
Modern slavery is a humanitarian problem that affects global supply chains. Given the increasing pressures from legislature, consumers and investors, firms have a growing interest…
Abstract
Purpose
Modern slavery is a humanitarian problem that affects global supply chains. Given the increasing pressures from legislature, consumers and investors, firms have a growing interest in eliminating forced labor and modern slavery from their supply chains. However, the impact of modern slavery on firm performance has not been shown before. This paper aims to investigate the impact of modern slavery allegations on companies’ operational performance. It also looks at the role of corporate social responsibility (CSR) efforts with respect to modern slavery.
Design/methodology/approach
The authors collect news articles on modern slavery in the global supply chains. The authors use an event study and use a robust matching method to measure the operational impact of modern slavery allegations. The authors also analyze the effects of media coverage and CSR practices on the relationship between allegations and firm performance.
Findings
The results show that modern slavery allegations do have a negative impact on performance, but this impact does not last long. The authors also show that strong CSR practices help firms mitigate the negative effect of these allegations.
Research limitations/implications
Because the issue is hidden, as a result limited data, the research results may lack generalizability. Therefore, researchers are encouraged to retest the proposed propositions in the future.
Practical implications
The paper includes implications for the development of socially responsible supply chains and financial impact.
Originality/value
This paper presents the first empirical research investigating the impact of modern slavery allegations on companies’ operational performance.
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This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling and…
Abstract
This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling and slavery.
In popular and scholarly discourses there is a tendency to emphasize the differences between the social lives of children and those of adults rather than the similarities and continuities; to misrepresent children’s social activities in comparison with those of adults; to rationalize the differential way in which children’s social activities and participation are assessed and rewarded relative to those of adults; and to fortify children’s actual and/or assumed marginal situation in modern society.
There are sociological gains to be had from emphasizing the comparable features and structural links between ‘childhood’ and ‘adulthood’ due especially to the common participation of children and adults in productive labour.
The way in which children’s social activities are differentially assessed and rewarded is reflected in how children are denied full citizenship rights, and so are non-citizens.
In particular, children are denied the right to freely exchange their labour power on the labour market.
While viewing educational labour as forced labour does not sit well with ideas about children and childhood in modern society, doing so is consistent with the element of compulsion in for instance the Convention on the Rights of the Child (CRC).
Being compulsorily required to perform educational labour is indicative of how in modern societies children are owned and in slavery, not just of the de facto kind, but also of the de jure kind.
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In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a…
Abstract
In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.