Hidden in Plain Sight: Legal Responses to Domestic Servitude in European Commonwealth States

By Victoria Brea, Commonwealth Human Rights Initiative

Modern-day slavery remains a global crisis, affecting an estimated 1 in every 150 people across Commonwealth countries. One of the most pervasive yet hidden forms is domestic servitude, where individuals, often driven by poverty are coerced into working in private homes under abusive conditions. These environments often conceal human rights violations, leaving victims to suffer in silence.

This blog post examines legislative measures to combat modern-day slavery, with a focus on European Commonwealth nations. It  explores the effectiveness of these laws, highlighting progress made, and considering ongoing challenges to ensure protection and justice for the most vulnerable.

International standards play a critical role in the fight against modern-day slavery. Instruments such as the Forced Labour Convention, the Abolition of Forced Labour Convention, and the Protocol of 2014 to the Forced Labour Convention outline the obligations of ratifying member states. However, ratification is only the first step. The real impact of these treaties depends on how they are translated into domestic legislation. While some nations have made significant strides, others lag behind, lacking not only comprehensive laws but also enforcement mechanisms, investigative capacity, or provisions to compensate victims. 

The United Kingdom’s Modern Slavery Act 2015 upon its enactment was lauded as taking a comprehensive approach, giving law enforcement the powers needed to deter perpetrators of modern slavery, providing tough new penalties, and enhancing support and protection for victims, while also requiring greater transparency in business supply chains. The Modern Slavery and Human Rights Policy and Evidence Centre (the PEC) has identified critical gaps in the UK’s Modern Slavery Act. Low conviction rates, reliance on victim testimony, and lack of enforcement mean abuse often goes unpunished—especially in private homes where workers are isolated and invisible. Migrant domestic workers, frequently on tied visas, are especially vulnerable and deterred from seeking help due to fear of immigration enforcement. The PEC also highlights that the Act’s transparency in supply chains provisions do not apply to domestic work, leaving a major accountability gap. These shortcomings enable exploitation to persist unchecked and undermine the UK’s ability to identify, protect, and support victims of domestic servitude.

Cyprus has faced ongoing challenges translating international law into effective domestic legislation. Cyprus ratified Law 60(I)/2014, revising the legislative efforts in combating and preventing human trafficking. Amendments made in 2019 aimed to strengthen both prevention and prosecution mechanisms. However, despite these legislative efforts, Cyprus continues to fall short in proactive enforcement. Victim identification processes remain inadequate, and critical assistance is often delayed or absent, leaving many individuals exposed to continued exploitation.

Malta has made formal commitments to tackle human trafficking and forced labour, including through its national action plan and ratification of relevant international treaties. However, domestic servitude remains largely under-identified and under-prosecuted. Labour inspections rarely cover private households, and migrant domestic workers—especially third-country nationals—often operate in legally grey areas. Civil society organisations have raised concerns about limited support services and the lack of a clear referral pathway for victims exploited in private homes. Though Malta’s Human Trafficking Monitoring Committee plays a coordinating role, greater political will and resourcing are needed to operationalise protections and improve accountability.

While international conventions lay an important foundation in the fight against modern-day slavery, their success depends on Member States' domestic implementation. Solid efforts have been made in European Commonwealth countries, but further steps are needed to prevent modern slavery through proactive enforcement and strong victim protections. Continued political will, resources, and international cooperation are critical to closing gaps and working towards eradication.