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On August 23, the globe commemorates the International Day for the Remembrance of the Slave Trade and Its Abolition. It is a day not just of recollection, but also of reckoning – with the past and the manner in which legal regimes formerly tolerated, facilitated, and even promoted the most horrific abuses of human dignity. Slavery was more than just a moral failure; it was a legal reality. It has been codified, institutionalised, and legally protected for centuries.
This historical contradiction — that the law, which we trust to maintain justice, formerly shielded injustice — raises serious concerns about what we label “legal” and whether legality is always consistent with morality. This article delves at how slavery’s legal history helps us comprehend the growth of human rights, as well as how the law may either serve or oppress humanity.
Slavery did not exist in lawless environments. On the contrary, it was profoundly ingrained in judicial systems around the world. Enslaved individuals in the Americas were considered property rather than persons under British and colonial laws. The “Code Noir” (Black Code) of 17th-century France outlined how enslaved Antilles (French West Indies) should be handled – not to safeguard their rights, but to protect their owners’ interests. In the United States, slave codes were enacted in each state to govern every element of an enslaved person’s existence, from mobility and marriage to punishment and reproduction.
These laws used property rights, contract law, and even religious doctrine to justify human bondage. Courts enforced the rules, while governments collected and profited from the revenues. The contrast was stark: under the law, some persons lacked legal personhood, yet others had the right to own them. This is one of the most obvious examples in history of law becoming a tool of human wrongs.
The abolition of slavery signalled a watershed moment not only in morals, but also in legal philosophy. In 1833, the British Parliament passed the Slavery Abolition Act, which made slavery illegal throughout the majority of the empire. The 13th Amendment to the United States Constitution was ratified in 1865, legally eliminating slavery in the United States. Meanwhile, the Haitian Revolution, the only successful slave uprising in history, compelled European powers to acknowledge the enslaved as full political and legal players.
These legal developments altered who might be considered a person under the law. They shifted the definition of freedom from a privilege granted to a right inherent. However, the journey from abolition to full citizenship and equality was long and, in many places, continues.
The horrors of slavery, as well as the recognition of legal culpability, opened the ground for the establishment of international human rights law. Following the tragedies of World War II, the globe united to adopt the Universal Declaration of Human Rights (1948). The declaration’s Article 4 states: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”
This was a watershed moment: the first time freedom from slavery was recognised as a universal legal standard.
Legal tools such as the International Covenant on Civil and Political Rights, as well as later accords on racial discrimination and labour rights, originate from lessons learnt during the abolitionist campaign. They seek to ensure equal protection under the law, abolish discrimination, and preserve human dignity.
Even as human rights progressed, the legacy of slavery endured, particularly in the form of systemic racism, injustice, and unequal access to justice.
Although chattel slavery has been abolished, modern forms of slavery continue. According to the International Labour Organisation, approximately more than 50 million people worldwide are subjected to forced labour, debt bondage, or human trafficking, with the majority being women and children.
There are laws forbidding these acts, but they are either poorly enforced or readily avoided. Modern slavery thrives thanks to corrupt legal systems, corporate greed, and political indifference. Today’s victims, like those in the past, frequently face invisible legal erasure—the denial of access to justice, recompense, or recognition.
This demonstrates that the elimination of legal slavery did not remove legal injustice; it simply changed its appearance.
One of the most essential lessons from the era of slavery is that law alone does not ensure justice. In truth, laws can be terribly unjust when designed to benefit the powerful. As Frederick Douglass once observed, “Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them.”
Legal systems must be continuously challenged, corrected, and humanised. Courts and legislatures require not only legal expertise, but also a moral compass informed by historical insight. Abolitionists were more than just moral revolutionaries; they were legal campaigners who pushed for reform in parliaments, courts, and constitutions.
As global citizens, we, too, have a responsibility to stay vigilant about the disparity between human rights on paper and human wrongs in practice.
As we commemorate the International Day for the Remembrance and Abolition of the Slave Trade, we are reminded that true justice requires rewriting unjust laws in addition to breaking chains. As a legal practitioner, Adv. Abdul Mulla is inspired by this legacy in his work advocating equity and legal reform through platforms such as www.asmlegalservices and www.lifeandlaw.in.
This day is more than just reflection; it is a call to action. Adv. Abdul Mulla actively works to advance justice in courtrooms and through community participation, believing that when the law shields injustice, we must confront and reform it.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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