Kadriye Bakirci and Graham Ritchie
The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of…
Abstract
Purpose
The purpose of this paper is to provide an overview of evolving developments in international, regional and EU law including the UK and Turkish jurisdictions for the liability of corporate businesses for modern forms of exploitative labour practices described as the modern forms of slavery.
Design/methodology/approach
In the first part, this paper outlines international, regional and EU instruments, UK and Turkish jurisdictions in relation to modern forms of slavery. The second part reviews legal frameworks for corporate liability for modern forms of slavery.
Findings
Slavery, slavery-like practices or some other exploitative practices are prohibited by numerous international law instruments starting from 1904. Apart from old forms of defined exploitative practices, multiple relevant current exploitative practices, called contemporary or modern forms of slavery exist all over the world. Under various international or regional conventions signatory States have been held responsible for exploitative practices by the international or regional courts or supervisory bodies, yet businesses were largely overlooked as a participating partner in the global movement to eradicate modern forms of slavery. For many years, multi-national businesses have engaged with various voluntary international corporate social responsibility initiatives in response to demands to operate in a socially responsible manner. There is a growing global recognition of the role corporate businesses can and should play in tackling crime and exploitative practices. A number of initiatives at the international and EU level and the introduction of the California Transparency in Supply Chains Act, (2010 – effective from 2012), the UK Modern Slavery Act 2015, the French Act on Due Diligence of Corporations and Main Contractors 2017 (loi sur le devoir de vigilance), the Australian Commonwealth Modern Slavery Act 2018, the Dutch Child Labour Due Diligence Act 2019, (which is due to come into effect in mid-2022), reflect this recognition.
Originality/value
This paper argues that it is important for companies to use available tools, participate in joint initiatives and advocate for binding international and regional instruments and effective national legislation and action – all aimed at ending business involvement in modern forms of slavery.
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Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…
Abstract
Purpose
Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.
Design/methodology/approach
In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.
Findings
Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.
Originality/value
The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.
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The International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No…
Abstract
Purpose
The International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) in 1999. The aim of this paper is to analyse the United Nations (UN), ILO, Council of Europe (COE) instruments related to child exploitation and discuss whether child pornography and prostitution are economic crime or work that should be regulated.
Design/methodology/approach
This paper compares the definitions of child pornography and prostitution and child labour in the UN, ILO, COE instruments.
Findings
Although child labour does not imply child prostitution and pornography, the Convention No. 182 Article 3 includes child prostitution and pornography in the term “child labour” and identifies child pornography and prostitution as among the worst forms of child labour. The paper concludes that, no matter what role the children have in participating in the sexual activities, they should be viewed as victims and witnesses. They should not be viewed as “sex workers” or “child labourers”. The view that sexual exploitation of children is a kind of labour might be seen to legitimise it in some countries and might cause more trauma for children.
Originality/value
This paper argues that the ILO should have either considered child pornography and prostitution as a kind of modern slavery in a separate paragraph in the C. 182 or introduced a separate instrument to combat against child sexual exploitation.
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During 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.