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Thematic Issue: Abuse of Power / General

Modern Slavery and Material Justice: The Case for Remedy and Reparation


Frances Simmons, Jennifer Burn and Fiona Mcleod AO SC

In all its different manifestations modern slavery involves the abuse of power and the violation of human rights. In this article, we examine whether Australia is meeting its international obligations to provide access to effective remedies to survivors of modern slavery. We argue that Australia must squarely confront the violations of human rights suffered by survivors of modern slavery by improving access to remedies, including compensation. We recommend establishing a national compensation scheme, providing survivors with greater assistance to apply for reparation orders, and improving access to support and protection. These reforms are necessary to give effect to Australia’s commitment to prevent, address and remedy the human rights abuses and enable survivors to access effective remedies.

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(2022) 45(1) UNSWLJ 148: