Forced labor is a feature, not a bug, in today’s global economic system. Forced labor spans the globe. It involves multinational corporations. It is found in special economic zones—and war zones. And it is in everyone’s backyard. Globally, 27.5 million people are victims of forced labor—domestic workers, construction crews, agricultural and factory laborers, and others in every part of our economy. Ending forced labor will require a worldwide movement—one led by strategic litigation against its perpetrators, its governmental facilitators, and its beneficiaries. Already there is real progress. Under laws such as the United States’ Trafficking Victims Protection Reauthorization Act (TVPRA), plaintiffs have the right to sue traffickers for the damages the victims have sustained. As of December 31, 2021, trafficking-victim plaintiffs had filed 539 civil cases under the TVPRA. Courts have ordered more than $265,009,825 in settlements and judgments for damages. Strategic litigation often involves complex jurisdictional issues and an intricate interplay of international law and policy. Litigators must consider the choice of the defendant and who can be best held accountable. Strategic litigation is a mechanism to force nations to confront the challenges of forced labor. And it has the ability to demand corporate accountability by increasing the financial risk and the reputational harm to companies. A single case can have wide-ranging effects—even without a final verdict. An out-of-court settlement can be enough to lead to industry-wide reforms, as was the case with a TVPRA lawsuit against a commercial fishing vessel. And still-pending private suits can lead law enforcement agencies to initiate criminal investigations. In European courts, companies and other private parties are being held liable if they knew, or should have known, that forced labor was being used at any point along the supply chain. Further,courts are increasingly willing to hold corporate directors personally liable for the forced labor that occurred on their watch. Under new “due diligence” laws, companies can be held liable for any harm that could have been prevented if they had fulfilled this due diligence vigilance requirement. Strategic litigation is an essential tool to hold state actors and corporations accountable for their involvement in forced labor. Countries are being sued for investing in projects or contracting with companies relying on forced labor. Courts are compensating plaintiffs. And that is exactly what strategic litigation aims to do: Compensate the people directly involved, while catalyzing systemic change in legislatures, in courts, in business, and beyond.
Global Justice: Using Strategic Litigation to Combat Forced Labour- The Human Trafficking Legal Center, 2023 DOWNLOAD

post

page

attachment

revision

nav_menu_item

custom_css

customize_changeset

oembed_cache

user_request

wp_block

wp_template

wp_template_part

wp_global_styles

wp_navigation

wp_font_family

wp_font_face

acf-taxonomy

acf-post-type

acf-field-group

acf-field

ai1ec_event

exactmetrics_note

Trafficking and Exploitation Strategy – Third Annual Progress Report and Strategy Review
GuidanceStandards & Codes of Conduct

The Human Trafficking and Exploitation (Scotland) Act 2015 (“the Act”) introduced new offences, gave police and prosecutors additional powers to tackle traffickers, raised the maximum penalty for trafficking to life imprisonment, and placed supp...Read More

Monsanto Code of Business Conduct
Standards & Codes of Conduct

The code explains the behaviors expected while working for Monsanto, and reinforces the shared values through practical examples. The Code does not create separate standards for different groups. It applies equally to all employees, officers an...Read More

Stop Slavery Award 2018
News & AnalysisEvents

Newsletter Announcement can be found here. ABOUT THE AWARD The Stop Slavery Award was launched by the Thomson Reuters Foundation, as an action resulting from the 2015 Trust Conference. The initiative recognises companies that have taken concrete...Read More

TAGS:
Downstream due diligence: Setting the record straight
News & Analysis

The due diligence expectations contained in the OECD Guidelines and United Nations Guiding Principles (UNGPs) have always, since their inception in 2011, been intended to take a risk-based approach that includes the full “value chain” of busines...Read More

TAGS: