What the Act says
This right is based on Article 8 of the International Covenant on Civil and Political Rights, which Australia ratified in 1980.
Scope of the right
Slavery occurs when someone exercises ownership over a person and treats them like property.
Servitude does not involve ownership but someone in servitude may be forced to work and prevented from leaving for a period.
Forced labour happens when someone is compelled to work, often involving physical or mental coercion. This can include any kind of work, not just physical labour.
Slavery and forced work is unlawful worldwide, but contemporary forms of slavery and forced work still occur. Some examples include:
- child soldiers
- debt bondage
- forced labour
- forced marriage.
Some types of work are not slavery or forced work, including:
- work required as part of a community service order
- work that is part of a civil obligation including work during emergencies, jury duty, compulsory fire service, or social welfare programs like work-for-the-dole schemes.
Government has a role in promoting, respecting and protecting this right, for example by:
- investigating allegations of human trafficking, slavery and forced marriages
- implementing measures to prevent and protect people from becoming a victim of forced work
- supporting former child soldiers who have come to Australia as refugees
- working with communities to address forced marriage practices.
Under international law protection from slavery is an absolute right, it may not be limited in any circumstances.
The Human Rights Act 2019 allows for rights to be limited where that limit is reasonable and justifiable. However, it is rare that this right could be justifiably limited in Queensland.
This information is not intended to be a substitute for legal advice.