economy,”451 it is important that the State take steps to discourage the demand that feeds
worker exploitation, by both forced labor, and servitude and slavery.452
319. Regarding the obligation to ensure the right recognized in Article 6 of the American
Convention, the Court considers that this entails the State’s duty to prevent and to
investigate possible situations of slavery, servitude, trafficking and forced labor. Among other
measure, States have the obligation to: (i) open, ex officio and immediately, an effective
investigation that permits the identification, prosecution and punishment of those
responsible, when a report has been filed or there is justified reason to believe that persons
subject to their jurisdiction are subjected to one of the offenses established in Article 6(1)
and 6(2) of the Convention; (ii) eliminate any laws that legalize or tolerate slavery and
servitude; (iii) define such offenses under criminal law, with severe penalties; (iv) conduct
inspections or other measures to detect such practices, and (v) adopt measure of protection
and assistance for the victims.
320. The foregoing signifies that States must adopt comprehensive measures to act with
due diligence in cases of servitude, slavery, trafficking and forced labor. In particular, States
should have an appropriate legal framework and enforce it effectively, as well as prevention
policies and practices that allow them to take effective measures when complaints are
received. The prevention strategy should be comprehensive; in other words, it should prevent
the risk factors and, at the same time, reinforce its institutions so that they can respond
effectively to situations of contemporary slavery. In addition, States should take preventive
measures in specific cases in which it is evident that certain groups of people may be victims
of trafficking or slavery. This obligation is increased owing to the nature of the prohibition of
slavery as a peremptory norm of international law (supra para. 249) and to the seriousness
and intensity of the rights violations due to this practice.
321. The Court must now analyze whether the State responded adequately to the situation
of slavery verified in this case. In other words, if it complied with the obligation to guarantee
the rights protected by Article 6 of the American Convention, pursuant to Article 1(1) of this
instrument. Determination of the victims’ right of access to justice will be examined in the
chapter on Articles 8(1) and 25(1) of the American Convention in relation to Articles 1(1)
and 2 of this instrument.
B.10. Obligation of prevention and non-discrimination
322. The Court has established that the obligation of prevention encompasses all those
measures of a legal, political, administrative and cultural nature that promote the safeguard
of human rights and that ensure that any violations of these rights are effectively examined
and treated as a wrongful act that, as such, is subject to penalties for those who commit it,
as well as the obligation to compensate the victims for the adverse effects. It is also clear
that the obligation to prevent is a duty of means or conduct and failure to comply with it is
not proved by the mere fact that a right has been violated.453
323. According to the Court’s case law, it is evident that a State cannot be responsible for
every human rights violation committed among private individuals subject to its jurisdiction.
Indeed, the State’s treaty-based obligations of guarantee do not entail the unlimited
451
See expert opinion of Jean Allain, (evidence file, folio 14921).
In this regard, see the United Nations Guiding Principles on Business and Human Rights, Human Rights Council,
U.N. Doc. A/HRC/17/31, of March 21, 2011.
452
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 166; Case of Velásquez Paiz et al. v. Guatemala.
Preliminary objections, merits, reparations and costs. Judgment of November 19, 2015. Series C No. 307, para.
107.
453
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