Empowering Justice: Reflecting on How Legal Design Transforms Support for Modern Slavery Survivors

[Lodovica Raparelli is a PhD student and Visiting Lecturer in Public International Law at King’s College London and Legal Consultant in matters of public international law and international arbitration at 3VB]

Modern slavery is often considered a crime hidden in plain sight. The majority of people, when confronted with the term “slavery,” may regard it as a relic of the past—something distant and unrelated to contemporary society. 

However, this perception is far from accurate. Right now, almost 50 million people are trapped in situations of modern slavery worldwide, and data show that this number is on the rise. 

Survivors of modern slavery frequently come from vulnerable groups, including adults with limited education or English proficiency, as well as children, making them particularly susceptible to manipulation and exploitation. These individuals are often entrenched in fear and unaware of their rights or even their enslaved status, rendering them effectively invisible. Modern slavery impacts all of us, from the food we consume, to the goods we purchase. Consequently, it is imperative for everyone to acknowledge, address, and take action against this pervasive issue.

To effectively (try to) combat modern slavery, innovative approaches are required to make legal systems more accessible and supportive for survivors.

Legal Design, an innovative discipline combining legal expertise with design thinking to improve legal communication, makes legal systems and services more comprehensible and accessible to the public. By employing Legal Design, particularly through visual elements, it is possible to create tools that guide potential and actual survivors of modern slavery in an accessible and straightforward manner on the steps they can take if they find themselves in abusive situations.

With this objective in mind, Professor Philippa Webb and Lodovica Raparelli organised a two-day workshop at King’s College London in June 2024. This workshop aimed to tackle the issues faced by survivors of modern slavery in accessing the legal system, and explore the use of Legal Design techniques to assist them. The goal was to foster interdisciplinary dialogue by involving participants from different backgrounds, share insights, and develop innovative and practical solutions to support those affected by this global crisis.

Empathise with Survivors of Modern Slavery 

Given that the majority of participants were unfamiliar with both the concepts of modern slavery and Legal Design, the workshop’s first session was dedicated to educating them about the daily struggles faced by survivors of modern slavery and introducing them to the principles of Legal Design.

Participants had the opportunity to listen to a series of presentations by practitioners in the field of modern slavery, as well as the powerful testimony of a survivor. This included hearing about the degrading and horrific conditions alleged by a domestic worker in the Wong v Basfar case, or the real-life experience of a survivor of modern slavery. The discussions also highlighted the bureaucratic deficiencies, lack of clear processes, and the absence of effective governmental control and support, which often leave survivors trapped in seemingly inescapable situations.

Throughout the presentations, several critical issues within the current system were identified and discussed as areas for improvement. It was emphasised that overseas workers frequently do not understand their visas, contracts, and the legal framework surrounding their employment. Moreover, information should be provided to individuals before they arrive in the UK, rather than only after their arrival. Also, potential survivors must properly understand their job roles and the protections available to them upon commencing work in the UK.

These critiques underscore the need for a more proactive, transparent and understandable system to inform and protect overseas workers, which aligns with the goals of Legal Design to create more accessible and user-friendly legal systems. 

The Legal Innovation and Legal Design team from Simmons & Simmons (Ms Erika Pagano, Mr Callum Brown, Mr Glen Byrne and Ms Deniz Calhan) presented on the concept of Legal Design. The team elaborated on how Legal Design can be utilised to create more user-friendly legal documents, develop clear and engaging informational materials, and design processes that are easier for individuals to understand and navigate. 

The insights provided by Simmons & Simmons highlighted the transformative potential of Legal Design in tackling the multifaceted challenges faced by survivors of modern slavery. Their presentation highlighted the importance of innovative approaches, which they applied (for example) in redesigning the code of conduct for a global financial institution, in fostering a more inclusive and supportive environment for vulnerable individuals.

Design a Solution

After hearing from both modern slavery experts and Legal Design specialists, participants began a collaborative problem-solving session facilitated by Ms Karen Watton from QLegal (QMUL), and with the online contribution of one of the leading Legal Designers, Ms Astrid Kohlmeier. They were tasked with developing a solution to the problem statement that they all identified as the most pressing issue: “My end user needs an accessible resource to help them understand the legal landscape on modern slavery so that they can have security, justice, and get on with their lives”. The participants, working in groups, used Legal Design principles to devise the most effective solution. This exercise aimed to leverage interdisciplinary knowledge and creative thinking to create practical tools that could significantly impact the lives of those affected by modern slavery.

Participants presented solutions at the end of the two-day workshop to a jury composed of modern slavery experts (barristers working in the field, Ms Avril Sharp, Mr Aké Achi and Mr Phil Brewer) and Legal Design specialists (Ms Karen Watton and Mr Glen Byrne). 

The participants were highly engaged and demonstrated remarkable creativity, coming up with brilliant ideas that showcased the potential for significant improvements in supporting survivors of modern slavery, thanks to Legal Design. 

Examples of the innovative solutions included:

• A campaign that could be launched in public bathroom mirrors, which would lead survivors to an online interface, starting in airports as first point of contact for potential victims of modern slavery. 
• A simple and clear questionnaire that could be administered through various methods, such as being included with cleaning products, allowing survivors of modern slavery to assess their situation without the need to leave the house if they are not allowed to do so.
• A leaflet hidden in a postcard, providing essential information in a discreet manner that survivors could access without their employers noticing. This is the project that won, and that will be tested and developed. 

These solutions reflect the participants’ deep understanding of the complexities involved and their commitment to finding practical, effective ways to empower and support survivors of modern slavery.

Future Directions 

Despite various international and domestic efforts to combat this crime, the testimonies and insights shared by experts and survivors have revealed significant gaps in the system. Survivors often remain unseen, their voices unheard, as they navigate a labyrinth of legal and bureaucratic hurdles with little to no support. The frequent lack of understanding about their rights and the legal landscape exacerbates their vulnerability, trapping them in cycles of exploitation and despair. One of the key takeaways from the workshop is the significant difficulty survivors face in navigating a complex legal system that is often not designed with their needs in mind. Language barriers further complicate their ability to seek help and understand their rights. 

It is evident that more needs to be done to bridge these gaps and provide survivors with the necessary tools to reclaim their lives back. 

Reflecting on these challenges, an innovative approach, such as Legal Design, can truly hold great promise in addressing these issues. By prioritising the needs and perspectives of the end users—survivors of modern slavery—Legal Design offers a framework to create more accessible, understandable, and effective legal resources and processes. The collaborative efforts and the brilliant ideas generated during the workshop demonstrate the potential for meaningful change. To properly support these individuals, for example, a first step could be to provide legal information and assistance in multiple languages and formats that are easy to understand.

These ideas must now be transformed into tangible actions. As we move forward, it is imperative to continue fostering interdisciplinary collaboration, ensuring that the solutions developed are not only innovative but also grounded in the lived experiences of those they are meant to serve. Only through sustained commitment, solid legal basis and innovative problem-solving can we hope to dismantle the systems that perpetuate modern slavery and empower survivors to achieve security, justice, and autonomy.