All Articles: Article 4

The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criticises the Crown Prosecution Service for prosecuting victims...

16th February 2021
BY Alex Schymyck

S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety of international law sources. But its conclusion is straightforward: forced prostitution falls within the scope of Article 4 of the...

6th July 2020
BY Alex Schymyck

In R (TDT, by his litigation friend Tara Topteagarden) v Secretary of State for the Home Department [2018] EWCA Civ 1395 the Court of Appeal considered the threshold at which the duty to protect trafficked persons under article 4 of the European Convention on Human Rights comes into play and...

20th June 2018
BY Alison Harvey

MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, the Court of Appeal has ruled...

9th April 2018
BY Alex Schymyck

Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found that strawberry-pickers in Greece were subjected to forced labour. The Court found that the authorities failed to prevent forced labour...

2nd May 2017
BY Thomas Beamont
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