I. ARTICLES


 

          Article 4.1 and 4.2, ICCPR


Article 4

 

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

 

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.


 

          Article 8, ICCPR


Article 8

 

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

 

2. No one shall be held in servitude.

 

            3.         (a) No one shall be required to perform forced or compulsory labour;

 

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

 

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

 

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

 

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

 

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

 

(iv) Any work or service which forms part of normal civil obligations.


 

          Article 11, CMW


Article 11

 

1. No migrant worker or member of his or her family shall be held in slavery or servitude.

 

2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour.

 

3. Paragraph 2 of the present article shall not be held to preclude, in States where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court.

 

4. For the purpose of the present article the term "forced or compulsory labour" shall not include:

 

(a) Any work or service not referred to in paragraph 3 of the present article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention;

 

(b) Any service exacted in cases of emergency or clamity threatening the life or well-being of the community;

 

(c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizens of the State concerned.



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