Rights on Forced Labour/Slavery/Servitude And Remedies Available Some ot
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Forced Labour/Slavery/Servitude And Remedies Available
Some other aspects of trespass to the person are forced labour, slavery or servitude. These acts were specifically declared as illegal and unconstitutional in Section 35 of the 1999 Constitution (as amended).
Some people may argue that slavery has been abolished and no more in existence. But I can tell you that slavery exists in different forms.For the purpose of this discussion, let me inform you that it is wrongful to make a person a slave or force him/her to serve you or another person against his/her wishes. That is servitude. It is wrongful to make a slave out of another person for the purpose of being in your employment or that of another against his wish. It is wrongful to force a person to work for you or for another person against his/her wish.
To hold someone against his wish and force him to be subservient is slavery. To take a young child and force him to serve another person against his wish is slavery. To force another to work for you without giving him/her a choice is slavery. It is slavery to take a girl to another land and force her into prostitution against her wish. It is slavery to send a young boy to work in sugarcane farms in another country without giving him a choice.
Forced Or Compulsory Labor— The Constitution forbids forced or compulsory labor, because it is another form of slavery. Hence, it is wrongful to force another to work or do some act or things for you against his wish. It does not matter that the act or work was just for a number of hours, days, or weeks. It does not matter that the victim initially consented to the act but later changed his mind. It does not matter that the victim is your son, daughter, cousin or relation. It is illegal. It does not even matter that you are paying the victim the best salary in the world. It is forced or compulsory labor so long as the person is working against his wish.
The major determinant of slavery, servitude or forced labour is choice or willingness. This means the victim must have been forced into the service or labour against his/her wish. Aside this, the victim must not have been given the opportunity to make a choice or to leave the employment or service when he so desires. It is slavery, servitude or forced labour so long as the victim is in the service against his wish and he is not allowed to leave when he so desired. You cannot argue that the victim was too young to know what was good for him. You cannot also argue that he was mentally incapable of deciding for himself what he wanted. It is wrongful and illegal so long as the choice and ability to leave is not available to the victim.
Remedies Available For Forced Labour:
1. A victim of slavery, servitude or forced labour is entitled to sue the defendant under the Constitution to enforce his fundamental rights as a citizen. He is entitled to claim compensation from his oppressors for infringing on his fundamental human rights on the dignity of his person.2. Where the act is continuous or threatens to continue, the victim may also ask the court for an order of injunction against the defendant to stop him from further act of slavery or servitude.
3. The victim is entitled to claim damages from the defendant for the forced labour. Where for instance the victim has been under forced labour or slavery, he is entitled to calculate and claim the total amount he would have been entitled to as salary for the period of time he was in slavery or forced labour and obtain an order against the defendant to have this sum paid him.
4. Slavery and servitude are also criminal offences under the law. The victim is entitled to lodge a criminal complaint with the police for the prosecution of the offender.
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