The development of a new 'bottom-up approach', human rights oriented and business responsibility based, in order to face the increased labor exploitation
| Autor | Chiara Di Stasio |
| Cargo del Autor | Università degli Studi di Brescia |
| Páginas | 137-162 |
CAPÍTULO 7
THE DEVELOPMENT OF A NEW “BOTTOM-UP
APPROACH”, HUMAN RIGHTS ORIENTED AND
BUSINESS RESPONSIBILITY BASED, IN ORDER TO
FACE THE INCREASED LABOR EXPLOITATION
CHIARA DI STASIO
Università degli Studi di Brescia
1. INTRODUCTION
One of the most complex challenge of today’s society is the violation
of fundamental rights related to labor exploitation which often results
in a real enslavement, with the loss of the victim’s ability to self-deter-
mination. This phenomenon is strictly linked with the development of
migratory pressure, globalisation and economic competition.
Today labor exploitation represents the choice made by several enter-
prises, at the expense of the migrant workforce, in order to unlawfully
bypass their own manufacturing costs within an increasingly competi-
tive and fierce labor market. The labor market is interested by a sort of
deregulation130 and it is characterised by a reduction of guarantees in
the employment relationship. On the one hand, strong economic opera-
tors has increased the power exercisable and, on the other side, the
workforce is often forced to accept contractual conditions highly detri-
mental to human dignity131. In a high percentage, this workforce is re-
presented by migrants who leave their Countries of origin in search of
130 De Punta, R. (2018). Diritto del lavoro, Milano, Giuffrè, p. 7.
131 See Santoro, E. (2012). Diritti Umani, lavoro, soggetti migranti: procedure e forme di neo-
schiavismo, in Casadei, T. (ed.). Diritti umani e soggetti vulnerabili, violazioni, trasformazioni
ed aporie, Torino, Giappichelli, 2012, p. 230; Stoppioni, C. (2019). Intermediazione illecita e
sfruttamento lavorativo: prime applicazioni dell’art. 603-bis c.p., in Diritto, Immigrazione e Cit-
tadinanza., n. 2, pp. 70-94.
better living conditions in the hosting Countries, where unfortunately
they can’t benefit from social policies capable of removing them from
a state of marginalization and of promoting their skills. This represents
a huge social, humanitarian and economic challenge which has been to
long undervalued and not well counteracted by national and internatio-
nal measures, except from a purely criminal point of view132. The phe-
nomenon of labor exploitation, which is strictly linked with the traffic-
king in human being, is not confined to the sphere of organized crime
but involves many activities and profiles that permeate entire sectors of
the production system133.
From a legal point of view, the issue under analysis is mainly faced by
an up down or a “governamental” approach that is to say by a set of rule
posed by international and national legislative instruments that tried to
regulate the phenomenon as a whole but they can’t capture the infinite
features of it. The scope of the present research is to show the necessity
of a change of perspective. Long term structural measures should in-
deed drift away from a merely up-down and criminal perspective and
above all, by means of a multisector, bottom up and soft law approach,
concern the responsibility of the production chains, through the adop-
tion of a proper “code of conduct”. This new approach can facilitate the
emergence of a new collective consciousness that can help to prevent
the rise of the phenomenon rather than fighting the consequences of it
on a criminal level.
132 Costello, C. - Freedland, M. (2014). Migrants at work and the division of labour law, in Co-
stello C. - Freedland, M. (eds.) Migrants at work. Immigration and vulnerability in labour law,
Oxford, Oxford University Press, pp. 1-26; Trucco, L. (2020). L’evoluzione della normativa re-
lativa allo sfruttamento lavorativo dei migranti/caporalato e fattispecie correlate, in Ius Mi-
grandi, FrancoAngeli, pp. 639-661.
133 Numerous international reports highlight the progressive expansion of the phenomenon on
a global level. See, Council of Europe, 9th General Report on Group of Experts on Action
against Trafficking in Human Beings (GRETA) activities, 2019, available at rm.coe.int/9th-ge-
neral-report-on-the-activities-of-greta-covering-the-period- from/16809e169e; United Nations,
Statement by Ms Maria Grazia Giammarinaro, Special Rapporteur on trafficking in persons,
especially women and children, 25.10.2019, in www.ohchr.org.
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