Conclusiones de la prueba de aritmética

punishment” and that any corporal or physical punishment of a child, aged under 18 years of age, is strictly prohibited in law.

11.4

Modern Slavery Legislation

11.4.1 Turning something as important as child trafficking and exploitation into a headline- grabbing piece of legislation, by using the emotive term “slavery”, is only appropriate if the substance of that legislation is comprehensive enough, and detailed enough, to really make a difference to the people it is designed to protect whether through punishment of offenders or prevention of offences. Upon publication of Living on a Railway Line it is likely that The Modern Slavery Bill 2014 will have returned to the House of Commons from the Committee stage. It is beholden upon everyone involved in our parliamentary processes to make any changes necessary to improve that Bill into powerful primary legislation that will be more likely to better protect children from exploitation and trafficking, and appropriately punish those people responsible for these heinous crimes against society.

11.4.2 At the time of writing of this report the Bill has had its second reading in the House of Commons and is at the Committee stage. This means that the Bill has the possibility to change very rapidly over time and to give specific recommendations regarding individual sections of it is difficult as the numbering of these may change depending on what stage the Bill revisions are at.

11.4.3 The original Bill as drafted inadequately defined slavery in accordance with Article 4 of the Human Rights Convention (HRC) however Article 4 doesn’t actually define slavery in sufficient detail, without examining the case law that has resulted from it, therefore it was not possible to construe section 1 in accordance with Article 4 of the HRC in any meaningful way, for the non-legal professional, leaving this Modern Slavery Bill 2014 without a clear definition of slavery.

Article 4 reads as follows:

“Prohibition of slavery and forced labour

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labour.

3. For the purpose of this Article the term “forced or compulsory labour” shall not include:

(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from

such detention;

(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

(d) any work or service which forms part of normal civic obligations.”

11.4.4 Without an adequate definition of slavery and servitude it was likely that the cases which would have been recognised or dealt with would have been the headline-grabbing ones, well publicised in the media, rather than the majority of cases where the evidence may be somewhat weaker or the cases themselves may not be as headline-grabbing. Without an adequate definition it was likely that professionals may have not recognised cases they were dealing with as “slavery” or other offences dealt with under this proposed legislation.

11.4.5 Although the Bill is clearly intended to be a criminal Bill it is important that there is consistency with civil protection rights for children, such as under the Children Act 1989, such that the cases where evidence is weaker, but children are still at risk, are properly dealt with. It is hoped that an adequate definition of slavery and servitude will be included in the Bill that goes back before the House of Commons after the Committee stage but, if it is not, Members of Parliament must ensure that the Bill goes no further without this

11.4.6 Examples of definitions of slavery include “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised”158 _{or “a}

particularly serious form of denial of freedom” including “in addition to the obligation to perform certain services for others … the obligation for the [person] to live on another person’s property and the impossibility of altering his condition”159_.

11.4.7 Amendments to the Bill which are being considered by the committee at the time of writing of this report ought to, if accepted, resolve the matter relating to the definition of slavery and it is vital, therefore, that these are not lost in the final Act. It is unfortunate that the title of the Bill merely mentions slavery and not the other forms of abuse contained within it. If enacted the primary legislation should become “The Human Trafficking, Exploitation and Modern Slavery Act 2014″

11.4.8 Proposed amendments to the Bill, if accepted, will address the issue of a child being someone under the age of 18 years of age and will resolve the issue of children with a disability being at increased vulnerability from exploitation.

11.4.9 It is crucially important that that the provision of information and standardised educational or training material(s) is mandatory in order that duplication of effort at a regional or local level is minimised and so that standardisation of education and training across England and Wales is more likely to be facilitated.

11.4.10Recommendation FOUR

The Modern Slavery Bill 2014 must ensure that children aged under 18 years of age are properly protected from trafficking, exploitation and modern slavery and that provision of guidance, education and training is mandatory.

Safeguarding in the Emergency