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Basfar v. Wong (U.K. Sup. Ct.)

Published online by Cambridge University Press:  26 January 2023

Eileen Denza*
Affiliation:
Formerly Legal Counsellor, UK Foreign and Commonwealth Office and Visiting Professor, University College London, United Kingdom.

Extract

As the rules against modern slavery and trafficking have grown over the past three decades and become more effectively enforced, awareness has grown that domestic servants of diplomats form a class that is particularly vulnerable to exploitation, which means they are unusually badly protected and often unable to secure justice. First, the immunity of diplomats and other members of diplomatic missions forms an obstacle to civil and criminal proceedings against them; second, if a judgment is obtained through waiver of immunity, it cannot be enforced; and third, even if the diplomat is expelled, this still leaves the servant without an effective remedy.

Type
International Legal Documents
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 [2017] UKSC 61.

2 73 F.3d 535 (4th Cir. 1996).