Slavery is defined as the status or condition of a person, over whom any or all of the control attaching to the rights of ownership is exercised (Slavery Convention of 1926). Slavery is treating of other human beings as lesser beings and commoditizing them. On the other hand, torture involves the infliction of pain through physical or psychological means. Slavery as per scholars, need to include the involuntary loss freewill by a person who losses the ability to trade his labor freely.
Both articles by Macknon and Bales & Robin, expound on modern violations of human rights that are not efficiently curbed by governments. State parties are required to ensure that there is progressive abolition of the slave trade, where they have made legislations curbing the vice but fail to realize other forms of modern slavery, and in some instances, these violations have long been in practice such that they are not seen as a violation of human rights. Sexual slavery was condemned by the court in United States v Sanga 967 F.2d 1332 (9th Cir. 1992), where a woman had been forced to work as a house help and where the employer forced her to have sex with him. The court of appeal held that she was virtually a slave, contrary to the thirteenth amendment of the Constitution, which prohibits slavery and servitude.
There is an interlock between the two articles. Where they both acknowledge that women are more prone to their rights being violated without the fastidious resolve given to other violations by governments. Women are tortured and committed to slavery even in institutions that are supposed to shield them, such as marriages. Domestic violence that boarders on torture is not a misnomer as Jayne Stamen and so many others like her have been through such ordeals.
State officers fail to protect against degrading treatment on women especially in cases of husbands who make their wives sex slaves and torture them. In many instances, the police fail to intervene on the basis that they could not be involved in domestic affairs. Linda "Lovelace" was a victim of police reluctance to help her and even when she tells the police the husband has an illegal weapon that he uses to threaten her, they do not investigate but ask her to call when the husband gets back. Such a person feels that she alone can rescue herself even if it is through committing a crime. To this event, one has to question the reluctance of the police in protecting such women.
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Women’s rights have been violated in cases where the state is seen as a device of rape. In some jurisdictions such as California, an alleged rapist is exonerated where the defendant has the defense of mistaken belief, where he thinks that the woman consented without regard to the force used.
Many women are forced into acting pornographic movies. The state has not helped to salvage these women from such dehumanizing acts. The government for instance in Linda Marchianos case, where she tried to have a legislation passed to enable her bring a civil suit against the perpetrators. Linda’s quest failed when was invalidated by the United State judiciary.
Sexual slavery is rampant during armed conflicts where women are gang raped and others sold. This is in contravention to the Geneva convention on the treatment of civilians during war. Majority of the sexual slavery cases however, are reported during when states are at peace.
It is the primary objective of the state to protect its population against any form of degrading treatment of its citizens, without discrimination. In a bid to curb sex slavery and torture, the government should try to control the production, sale and distribution of pornographic materials. Domestic violence should be seriously dealt with and rescuing of those who fall victims.
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