Involuntary servitude

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Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Prison labor is often referred to as involuntary servitude. Prisoners are forced to work for free or for very little money while they carry out their time in the system.

Contents

Jurisdictions

Malaysia

The Constitution of Malaysia, Part II, article 6, states: [1]

  1. No person shall be held in slavery.
  2. All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.
  3. Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.
  4. Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.

Philippines

The Constitution of the Philippines, article III, section 18, states that "No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted." [2]

United States

The Thirteenth Amendment to the United States Constitution makes involuntary servitude illegal under any U.S. jurisdiction whether at the hands of the government or in the private sphere, except as punishment for a crime:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

The Supreme Court has held, in Butler v. Perry (1916), that the Thirteenth Amendment does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc." [3] Onerous long term alimony and spousal support orders, premised on a proprietary interest retained by former marital partners in one another's persons, have also been allowed in many states, though they may in practice embody features of involuntary servitude. [4]

Other interpretations of involuntary servitude

Military conscription

The Libertarian Party of the United States and other libertarians consider military conscription to be involuntary servitude in the sense of the Thirteenth Amendment. [5] The U.S. Supreme Court disagreed with that interpretation in Arver v. United States, relying on text of Article I and the prerequisites of sovereignty.

Compulsory schooling

Some libertarians consider compulsory schooling involuntary servitude. John Taylor Gatto, a retired schoolteacher and libertarian activist critical of compulsory schooling writes of what he terms "The Cult Of Forced Schooling". [6] Many libertarians consider income taxation a form of involuntary servitude. Republican Congressman Ron Paul has described income tax as "a form of involuntary servitude", [7] and has written, "... things like Selective Service and the income tax make me wonder how serious we really are in defending just basic freedoms. [8]

Abortion rights

Some have also argued that, should Roe v. Wade , 410 U.S. 113 (1973), be overturned by the United States Supreme Court, a constitutional right to abortion could still be sustained on the basis that denying it would subject women to involuntary servitude contrary to the Thirteenth Amendment. [9] That decision was overturned in June of 2022, [10] but it is unclear whether forced pregnancy and child-bearing are within the scope of the term "servitude". [11]

Law and economics

In contract theory, researchers have studied whether workers should be allowed to waive their right to quit work, or whether the right to quit should be inalienable. Suppose that at date 1 a worker voluntarily signs a labor contract according to which the worker has to perform a task at date 2. At date 2, the worker no longer wants to perform the task (see the English contract law case Lumley v Wagner for a classic example). Would it be a form of involuntary servitude if the worker were forced by the courts to fulfill the contractual duties? [12] Müller and Schmitz (2021) have shown that from an economic efficiency point-of-view, in a static setting it can indeed be desirable to restrict the freedom of contract by making the right to quit inalienable. However, they also show that in a dynamic setting even the worker can be strictly better off when it is possible to contractually waive the right to quit. [13]

See also

Related Research Articles

<span class="mw-page-title-main">Thirteenth Amendment to the United States Constitution</span> 1865 Reconstruction amendment abolishing slavery except as punishment for a crime

The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.

The Thirteenth Amendment may refer to the:

<span class="mw-page-title-main">Indentured servitude</span> Consensual or punitive unpaid labor

Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, or it may be imposed "involuntarily" as a judicial punishment. Historically, it has been used to pay for apprenticeships, typically when an apprentice agreed to work for free for a master tradesman to learn a trade. Later it was also used as a way for a person to pay the cost of transportation to colonies in the Americas.

<span class="mw-page-title-main">Peon</span> Social category

Peon usually refers to a person subject to peonage: any form of wage labor, financial exploitation, coercive economic practice, or policy in which the victim or a laborer (peon) has little control over employment or economic conditions. Peon and peonage can refer to both the colonial period and post-colonial period of Latin America, as well as the period after the end of slavery in the United States, when "Black Codes" were passed to retain African-American freedmen as labor through other means.

<span class="mw-page-title-main">Civil Rights Act of 1866</span> U.S. law defining citizenship and equal protection

The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.

The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans. In 1832, James Kent wrote that "in most of the United States, there is a distinction in respect to political privileges, between free white persons and free colored persons of African blood; and in no part of the country do the latter, in point of fact, participate equally with the whites, in the exercise of civil and political rights." Although Black Codes existed before the Civil War and although many Northern states had them, the Southern U.S. states codified such laws in everyday practice. The best known of these laws were passed by Southern states in 1865 and 1866, after the Civil War, in order to restrict African Americans' freedom, and in order to compel them to work for either low or no wages.

<span class="mw-page-title-main">Penal labour</span> Type of forced labour performed by prisoners

Penal labour is a term for various kinds of forced labour which prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts.

Bailey v. Alabama, 219 U.S. 219 (1911), was a United States Supreme Court case that overturned the peonage laws of Alabama.

Article 4 of the European Convention on Human Rights prohibits slavery and forced labour. Conscription, national service, prison labour, service exacted in cases of emergency or calamity, and "normal civic obligations" are excepted from these definitions.

Article 4 – Prohibition of slavery and forced labour

<span class="mw-page-title-main">Voluntary slavery</span>

Voluntary slavery, in theory, is the condition of slavery entered into at a point of voluntary consent. It is distinguished from involuntary slavery where an individual is forced to a period of servitude usually as punishment for a crime.

<span class="mw-page-title-main">Slavery in international law</span>

Slavery in international law is governed by a number of treaties, conventions and declarations. Foremost among these is the Universal Declaration on Human Rights (1948) that states in Article 4: “no one should be held in slavery or servitude, slavery in all of its forms should be eliminated.”

Hodges v. United States, 203 U.S. 1 (1906), was a decision by the United States Supreme Court limiting the power of Congress to make laws under the Thirteenth Amendment. Three white men had been convicted in the Eastern Arkansas District Court for conspiring against black sawmill workers.

The Peonage Abolition Act of 1867 was an Act passed by the U.S. Congress on March 2, 1867, that abolished peonage in the New Mexico Territory and elsewhere in the United States.

<span class="mw-page-title-main">Labor trafficking in the United States</span>

Labor trafficking in the United States is a form of human trafficking where victims are made to perform a task through force, fraud or coercion as it occurs in the United States. Labor trafficking is typically distinguished from sex trafficking, where the task is sexual in nature. People may be victims of both labor and sex trafficking.

<span class="mw-page-title-main">History of unfree labor in the United States</span> Aspect of history

The history of forced labor in the United States encompasses to all forms of unfree labor which have occurred within the present day borders of the United States through the modern era. "Unfree labor" is a generic or collective term for those work relations, in which people are employed against their will by the threat of destitution, detention, violence, lawful compulsion, or other extreme hardship to themselves or to members of their families.

The Oregon black exclusion laws were attempts to prevent black people from settling within the borders of the settlement and eventual U.S. state of Oregon. The first such law took effect in 1844, when the Provisional Government of Oregon voted to exclude black settlers from Oregon's borders. The law authorized a punishment for any black settler remaining in the territory to be whipped with "not less than twenty nor more than thirty-nine stripes" for every six months they remained. Additional laws aimed at African Americans entering Oregon were ratified in 1849 and 1857. The last of these laws was repealed in 1926. The laws, born of pro-slavery and anti-black beliefs, were often justified as a reaction to fears of black people instigating Native American uprisings.

<span class="mw-page-title-main">2018 Colorado Amendment A</span>

Colorado Amendment A was a 2018 referendum to amend Article II, Section 26 of the Constitution of Colorado to remove language permitting slavery and involuntary servitude only as punishment for crime.

<span class="mw-page-title-main">Repeal of exceptions to slavery and involuntary servitude</span>

In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude except as a punishment for a crime of which one has been convicted. In the latter 2010s, a movement has emerged to repeal the exception clause from both the federal and state constitutions.

<span class="mw-page-title-main">Padrone Act of 1874</span>

Padrone Act of 1874 was authorized by the 43rd United States Congress and enacted into law in the United States on June 23, 1874. The Act of Congress was a response to the exploitation of immigrant children dependent on forced begging which criminalized the practice of enslaving, buying, selling, or holding any person in involuntary servitude.

The Tennessee Constitutional Amendment: 3, commonly known as Amendment 3 or the Remove Slavery as Punishment for Crime from Constitution Amendment, is an approved legislatively referred constitutional amendment to the Constitution of Tennessee that appeared on November 8, 2022. The proposed amendment modifies Article I, Section 33 of the Tennessee Constitution, removing the existing provision that allows slavery and involuntary servitude as punishment for convicted individuals. Instead, the amendment explicitly states that slavery and involuntary servitude are prohibited while allowing inmates to work if they are duly convicted of a crime. The change seeks to clarify and restrict the use of involuntary labor within the state.

References

  1. "Constitution of Malaysia, as at 1 November 2010", Part II, Article 6, via WikiSource, retrieved 2021-02-12
  2. "The Constitution of the Republic of the Philippines (1987)", Article III, Section 18
  3. Butler v. Perry, 240 U.S. 328 (1916)
  4. Sciarrino, Alfred J. (2003), Alimony: Peonage or Involuntary Servitude (PDF), American Journal of Trial Advocates 67, archived from the original (PDF) on 2010-01-07
  5. "Conscription and the Military". Libertarian Party. www.dehnbase.org. Retrieved December 10, 2021.
  6. Gatto, John Taylor (2001), "Chapter 16. A conspiracy Against Ourselves", The Underground History of American Education, Oxford Village Press, ISBN   978-0-945700-04-3 , retrieved 2021-07-28
  7. Ron Paul (April 13, 2009), Fewer Taxes for Real Economic Stimulus
  8. Ron Paul (2009), On Reinstating the Draft, house.gov, retrieved 2009-06-05
  9. Koppelman, Andrew, "Forced Labor: A Thirteenth Amendment Defense of Abortion", 84 Northwestern University Law Review 480 (1990)
  10. "Dobbs v. Jackson Women's Health Organization, 597 U. S. ____ (2022)". Justia. May 16, 2021. Retrieved June 27, 2022.
  11. Vieira, Norman (1988). "Hardwick and the Right of Privacy". The University of Chicago Law Review. 55 (4): 1181–1191 via Jstor.
  12. Pope, J. G. (2010). "Contract, Race, and Freedom of Labor in the Constitutional Law of "Involuntary Servitude"". The Yale Law Journal. 119 (7): 1474–1567. ISSN   0044-0094. JSTOR   25681947.
  13. Müller, Daniel; Schmitz, Patrick W. (2021). "The right to quit work: An efficiency rationale for restricting the freedom of contract". Journal of Economic Behavior & Organization. 184: 653–669. doi: 10.1016/j.jebo.2021.02.004 . ISSN   0167-2681.