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Report

8 Jan 2016

Author:
Martina E. Vandenberg, The Human Trafficking Pro Bono Legal Center & The Freedom Fund

Ending impunity, securing justice: Using strategic litigation to combat modern-day slavery and human trafficking

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Around the world, investigative reporters regularly unearth stories of human trafficking and modernday slavery. Human rights organizations document forced labor abuses in report after report. These stories dominate headlines and inspire editorials. They provoke community outrage. But how can outrage be turned into action? How can we break the scandalous trade in human lives? How can we put an end to modern-day slavery? In recent years, strategic litigation has been used to hold both states and private actors accountable for these gross violations of human rights. It is one of the most promising mechanisms - if not the most promising method - to secure justice for victims, punish perpetrators and drive lasting reform. A number of landmark cases heard by civil courts, as well as by regional and international human rights bodies, have resulted in significant verdicts. In one case, a United States company found to have used forced labor was pushed into bankruptcy. Most importantly, strategic litigation greatly increases the risks to those involved in human trafficking. It is a direct challenge to the impunity they currently enjoy and establishes a potent deterrent to would-be traffickers. Courts are helping to draw a line in the sand, putting their judicial weight behind international human rights standards and national laws that prohibit human trafficking and slavery in any form. However, the courts can only adjudicate on matters that are brought before them. We must build on this early momentum.