NLGRev 68-2[1].indd - National Lawyers Guild

102 national lawyers guild review
92. Case C-327/02, Panayotova v. Minister voor Vreemdelingenzaken en Integratie,
2004 E.C.R. I-266. (Eur.) (see Opinion of Advocate General).
93. Case C-327/02, Panayotova v. Minister voor Vreemdelingenzaken en Integratie,
2004 E.C.R. I-266. (Eur.) (see Opinion of Advocate General).
94. Jany, 2001 E.C.R. I-8615 (Eur.).
95. U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, available at http://www.uncjin.org/Documents/Conventions/
dcatoc/final_documents_2/convention_%20traff_eng.pdf.
96. Convention on the Elimination of All Forms of Discrimination against Women, G.A.
res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into
force 3 September 1981 [hereinafter CEDAW/C/NET/3].
97. Id.
98. Id. (“It is emphasized, however, that discrimination under the Convention is not
restricted to action by or on behalf of Governments (see articles 2(e), 2(f) and 5). For
example, under article 2(e) the Convention calls on States parties to take all appropriate
measures to eliminate discrimination against women by any person, organization
or enterprise. Under general international law and specific human rights covenants,
States may also be responsible for private acts if they fail to act with due diligence
to prevent violations of rights or to investigate and punish acts of violence, and for
providing compensation.”)
99. Id.
100. U.N. Gen. Assembly, Vienna Declaration & Programme of Action,
June 1993, available at http://www.unhchr.ch/huridocda/huridoca.nsf/
(symbol)/a.conf.157.23.en.
101. Id.
102. Slavery Convention art. 1(a), Sept. 25, 1926, 60 L.N.T.S. 253.
103. Smith, supra note 59.
104. A consumer guide to prostitutes is a click away, supra note 68.
105. Slavery Convention art. 1(c)-(d), Sept. 25, 1926, 60 L.N.T.S. 253.
106. Id.
107. Id. Article 7 states that, for the purposes of the Convention:
(a) ‘Slavery’ means, as defined in the Slavery Convention of 1926, the status or
condition of a person over whom any or all of the powers attaching to the right of
ownership are exercised, and “slave” means a person in such condition or status;
(b) ‘A person of servile status’ means a person in the condition or status resulting
from any of the institutions or practices mentioned in article 1 of this Convention;
(c) ‘Slave trade’ means and includes all acts involved in the capture, acquisition
or disposal of a person with intent to reduce him to slavery; all acts involved in
the acquisition of a slave with a view to selling or exchanging him; all acts of
disposal by sale or exchange of a person acquired with a view to being sold or
exchanged; and, in general, every act of trade or transport in slaves by whatever
means of conveyance.”
108. C29 Forced Labor Convention, 1930 states in Article 2 that “The term forced or
compulsory labor shall mean all work or service which is exacted from any person
under the menace of any penalty and for which the said person has not offered himself
voluntarily.” And Article 25 says, “The illegal exaction of forced or compulsory labor
shall be punishable as a penal offence, and it shall be an obligation on any Member