The article examines the recent case-law of the European Court of Human Rights concerning trafficking in human beings, especially women and children. Relying on an evolutive interpretation of the prohibition of slavery, servitude and compulsory labour (Article 4 of the European Convention of Human Rights, hereinafter ECHR), the Court held that trafficking in human beings – within the meaning of Article 3(a) of the 2000 Palermo Protocol and Article 4(a) of the 2005 European Anti-Trafficking Convention – falls within the scope of the ECHR. Furthermore, according to the Court, the content of the States Parties’ due-diligence obligation to protect people under their jurisdiction from trafficking must be assessed in the light of the specific rules for the prevention and repression of this practice set forth by the main anti-trafficking treaties.
La tratta di donne e bambine nella recente giurisprudenza della Corte europea dei diritti dell’uomo
ANNONI, Alessandra
2011
Abstract
The article examines the recent case-law of the European Court of Human Rights concerning trafficking in human beings, especially women and children. Relying on an evolutive interpretation of the prohibition of slavery, servitude and compulsory labour (Article 4 of the European Convention of Human Rights, hereinafter ECHR), the Court held that trafficking in human beings – within the meaning of Article 3(a) of the 2000 Palermo Protocol and Article 4(a) of the 2005 European Anti-Trafficking Convention – falls within the scope of the ECHR. Furthermore, according to the Court, the content of the States Parties’ due-diligence obligation to protect people under their jurisdiction from trafficking must be assessed in the light of the specific rules for the prevention and repression of this practice set forth by the main anti-trafficking treaties.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
