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Full-Text Articles in Law
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Vladislava Stoyanova
Chowdury and Others v Greece reveals the exploitation that migrant workers suffer at agricultural farms for production of strawberries whose sweet taste many of us enjoy. Greece was found in violation of Article 4 of the ECHR (the right not to be subjected to forced labour and human trafficking) for its failure to protect the migrants from the exploitation and to conduct effective investigation. The judgment will be laurelled as an important achievement in favour of the rights of undocumented migrant workers to fair working conditions. It sheds light on the application of the definition of forced labour to labour …
The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova
The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova
Vladislava Stoyanova
The European Court of Human Rights (ECtHR or the Court) has consistently reiterated that states have discretion regarding what means to use to fulfill their positive obligations under the ECHR. Given the ‘wide range of possible measures’ that could be taken to ensure compliance with positive rights, these rights have a disjunctive structure, since an omission has no definitive counterpart. This article examines how the ECtHR deals with the disjunctive structure of positive rights and how it addresses alternative protective measures that could have been extended. In order to identify the main points of contention, I first draw on legal-theoretical …