Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Human Rights Law
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Article 4 Of The Echr And The Obligation Of Criminalizing Slavery, Servitude, Forced Labour And Human Trafficking, Vladislava Stoyanova
Vladislava Stoyanova
This article addresses the interaction between international human rights law and national criminal law as exemplified and revealed in relation to the abuses of slavery, servitude, forced labour and human trafficking (THB). First, I point out the mismatch between the interpretative techniques of international human rights law and national criminal law. The reportedly low numbers of prosecutions and convictions for abuses against migrants has gathered increasing attention. As a reaction it has been suggested that the definitions of THB and of slavery, servitude and forced labour (where the latters have been specifically criminalized) have to be expansively construed. These suggestions …
Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova
Dancing On The Borders Of Article 4. Human Trafficking And The European Court Of Human Rights In The Rantsev Case., Vladislava Stoyanova
Vladislava Stoyanova
This article points to four worrisome aspects of the Court’s reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of ‘human trafficking’ without offering any meaningful legal analysis as to the elements of the human trafficking definition. Second, the adoption of the human trafficking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. The heart of this article is the argument that the human trafficking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labor. To advance this argument I explain the relation between, on …