Laura Calafà

Focus Europe. The fight against forced or compulsory labour. Some reflections on indecent work after the Chowdury case

  • Abstract

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Keywords: Labour Law; International Labour Organisation; ILO Convention; Forced or Compulsory Labour; Chowdury Case.

On the occasion of the 100th anniversary of the ILO (1919-2019), the author analyses the qualitative impact of the prohibition of forced or compulsory labor provided for by the ILO Conventions n. 29 of 1930 and n. 105 of 1957 (as updated in 2014) in Mediterranean Europe, starting from a consideration of the "Chowdury" case. The decision of the European Court of Human Rights of 30 March 2017 acknowledges a violation of article 4 of the European Convention on Human Rights. It provides an opportunity to reflect on the responsiveness of labor law to human rights and on the autonomy of the labor law approach from criminal law, requiring with regard to the migrant workforce, a renewed dialogue on the labor paradigm. The paper assesses the obligations of Signatory States under the European Convention of Human Rights having specific regard for those States that have not ratified Protocol 29 of 2014. The final part of the article is dedicated to Italy that has been recently subject to a visit by the UN Special Rapporteur on contemporary forms of slavery, including causes and consequences.

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