Prohibition of Slavery and Forced Labour - ECHR Article 4

These flashcards cover the key concepts and decisions related to the prohibition of slavery and forced labour under Article 4 of the European Convention on Human Rights.

What is prohibited under Article 4 of the ECHR?

No one shall be held in slavery or servitude, nor required to perform forced or compulsory labour.

What does 'forced or compulsory labour' exclude according to Article 4?

It does not include work required for detention, military service, emergency service, or normal civic obligations.

What is the key distinction between slavery and servitude?

Slavery involves property and absolute control, while servitude is linked to coercion or threat.

What significant legal instruments are considered in the interpretation of Article 4?

Relevant instruments include the 1926 Slavery Convention, ILO Convention No. 29, and the Palermo Protocol.

What was the outcome of the case Rantsev v. Cyprus and Russia?

The Court held that human trafficking violated human dignity and fundamental freedoms, and is incompatible with a democratic society.

What are the three key elements of human trafficking established in S.M. v. Croatia?

Action (recruitment, transportation), means (coercion, abuse of vulnerability), and exploitative purpose (sexual exploitation).

What factors determine whether work during detention constitutes forced labour?

The work must be done under threat of penalty and cannot create an excessive hardship.

How did the Court define 'servitude' in relation to forced labour?

Servitude is an obligatory service imposed by coercion, distinct from forced labour as it connotes a permanent condition of dependency.

What does Article 4 (3) allow regarding military service?

It excludes military service from being classified as forced or compulsory labour.

What must States do according to Article 4 regarding human trafficking?

They must create a framework to prevent and punish trafficking, protect victims, and prosecute traffickers.