Human Rights Abuses under Diplomatic Protection: The Issue of Modern Slavery and Forced Labor

The article explores the complex dynamics of human rights violations within diplomatic immunity, focusing on modern slavery and forced labor practices. The core of the study highlights how diplomatic immunity, as governed by the Vienna Convention on Diplomatic Relations, has unintentionally sheltered exploitative practices in diplomatic households, where forced labor often occurs without consequence. This immunity complicates enforcement and justice efforts for victims, especially domestic workers trafficked into servitude within diplomatic residences. The article calls for more robust legal mechanisms and international cooperation to address these abuses effectively. Ultimately, the study stresses the need for a balanced approach that respects diplomatic protocols while preventing human rights violations. The decision in Basfar v. Wong, in which the Supreme Court of the United Kingdom held for the first time that the systematic exploitation of domestic labor for financial gain can be qualified as a “commercial activity” and thus not subject to diplomatic immunity, is considered as an important precedent in the context of the problem under study. This decision creates opportunities for new approaches in the protection of workers' rights and sets an example for other countries. In conclusion, the author advocates for a balanced approach to diplomatic immunity — one that respects the rights of states to protect their diplomats while ensuring that human rights abuses are addressed. International law must continue to evolve, with the application of immunity carefully scrutinized in cases of forced labor and human trafficking. This evolving interpretation promotes a necessary balance between diplomatic privilege and the protection of individual rights, underscoring that no individual or institution should be beyond the reach of justice when human rights are at stake.

Source: Vladyslava M. Zavhorodnia (2024). Human Rights Abuses under Diplomatic Protection: The Issue of Modern Slavery and Forced Labor. Slavery: Theory and Practice. 9(1): 48-58

Source web-site: https://stp.cherkasgu.press/journals_n/1733300224.pdf