Incest is a form of slavery
incest, the sexual abuse of children inside the family, that is probably the most common, most widespread, most reprehensible, most disgraceful, socially unacceptable, morally repugnant and spiritually harmful betrayal of children within the whole array of contemporary forms of slavery
the convention & definitions
The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery defines slavery as
Art 1.c.4 & art1.d Any institution or practice whereby a child or young person under the age of 18 years, is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour.
The Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse concludes that:
child sexual abuse also involve some kind of benefit to the child or exchange—often to win trust or ensure silence (especially non-tangible benefits like small gifts, attention, and affection) exploitation is arguably applicable to all victims of abuse in the sense of exploiting the vulnerability of a child
International instruments define child sexual abuse, of which incest is part, is a form of exploitation.
{exploitation} ... the inducement, coercion or encouragement of a child to engage in any sexual activity {exploitation} ... any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes
UN review of incest in the context of modern forms of slavery
The Commission on Human Rights resolution 1992/74 (E/CN.4/RES/1992/74, page 177-185) on Programmes of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and for the Elimination of the Exploitation of Child Labour states:
Incest and sexual abuse within the family ... may lead to child prostitution. States therefore should take all appropriate legislative, administrative, social and educational measures to protect children against all forms of abuse while in the care of parents, family or legal guardians or any other person.
The Report of the Working Group on Contemporary Forms of Slavery (UNWGCFS) on its eighteenth session points 67 and 68 state:
At the 5th meeting, the representative of Action for Children Trust addressed the subject of incest. Sexual abuse of children inside the family was identified by the organization as the most common, most reprehensible, socially unacceptable and spiritually harmful betrayal of children within the whole array of contemporary forms of slavery. The Action for Children Trust expressed its condemnation and rejection of incest and all other forms of sexual abuse. The Chairman expressed the grave concern of the members of the Working Group at the repugnant practice of incest and its link with other forms of sexual abuse of children, in particular girl children. Given the lack of information on that complex issue, the Chairman invited the participants in the Working Group to present, at future sessions of the Group, any kind of study they considered would be useful in order to combat that form of slavery.
In its general considerations it adopted:
... despite the progress made in the protection of human rights and the preservation of human dignity, all over the world various forms of slavery still existed. Emphasis was placed on ... institutionalized sexual violence, problems relating to prostitution, ... and incest. Emphasis was also placed on the need for specific objectives and remedies, in particular the possibility of reparation and compensation for victims of such violations of human rights.
And on the subject of incest:
Concerned at the practice of incest, the sexual abuse of children inside the family, that is probably the most common, most widespread, most reprehensible, most disgraceful, socially unacceptable, morally repugnant and spiritually harmful betrayal of children within the whole array of contemporary forms of slavery; Decides to include this item in its agenda for the nineteenth session and to consider ways to combat this form of slavery, and urges that adequate help be offered to victims of such practices; Urges the Member States to take adequate steps to punish suitably the perpetrators of this most heinous offence.
They decided to keep incest on their agenda, year after year.
Why no resolution?
Despite clear evidence incest should be a form of slavery under the UNCAS, why no resolution?
In 2001 a report was filed to the OHCHR titled Abolishing Slavery and its Contemporary Forms, alarming the OHCHR and UNWGCFS incest in the USA was not being recognised in court cases as a form of slavery. The report pointed that incest is criminalised under the UNCRC. The UNWGCFS decided it would discuss the matter of incest in the context of slavery bi-annually.
Two comments here. Incest occurs not exclusively towards or between children. While two relatives may be consenting adults, exploitation, and as such slavery between them, is not to be excluded. In the case of adults towards children, as we've discussed prior, it is always exploitation and thus should always be considered a modern form of slavery.
In 2003, the UNWGCFS filed its Report of the Working Group on Contemporary Forms of Slavery on its twenty-eighth session in preparation for a resolution. It was submitted too late, and argued incest as a competence of the UNCRC. It was not mentioned in the resolution, and as far as I could find, incest was never mentioned again in the context of UNCAS.
Despite UNWGCFS ongoing work 1992-2003, and despite the clear evidence to confirm incest as a form of slavery, the UNWGCFS has failed to agree on a resolution to be brought forward to the UNHRC. 25 years UNWGCFS and 16 years of its successor the Special Rapporteur on contemporary forms of slavery (UNSRCFS) opportunity to think about and work on the subject may indicate how delicate and difficult the subject of incest in the context of slavery is at the UNHRC.
I find it a missed opportunity given the clear definitions and relationship of incest, particularly child incest, to slavery. Perhaps the UNSRCFS could have another look at it?
I'm not proposing it as a superseding or substitute to the UNCRC, but as an instrument in its own right. It would enforce the notion incest can be a crime, and always is a horrendous crime in the face of children.
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