L.E. v. Greece: Human Trafficking and the Scope of States’ Positive Obligations under the ECHR
(2016) In European Human Rights Law Review p.290-300- Abstract
- In L.E. v. Greece, the European Court of Human Rights found that Greece failed to fulfill its positive obligations under art.4 of the European Convention on Human Rights (ECHR). The judgment can be assessed as a step forward for alleviating the scarcity of judicial engagement with art.4 of the ECHR (the right not to be subjected to slavery, servitude, forced labour and human trafficking). While overall a positive development, in this note I will argue that in some respects the judgment is under inclusive, while in others it is over inclusive. I will demonstrate that the Court faces some challenging questions when it addresses positive obligations under art.4 and these questions have to be more seriously considered. I will also offer an... (More)
- In L.E. v. Greece, the European Court of Human Rights found that Greece failed to fulfill its positive obligations under art.4 of the European Convention on Human Rights (ECHR). The judgment can be assessed as a step forward for alleviating the scarcity of judicial engagement with art.4 of the ECHR (the right not to be subjected to slavery, servitude, forced labour and human trafficking). While overall a positive development, in this note I will argue that in some respects the judgment is under inclusive, while in others it is over inclusive. I will demonstrate that the Court faces some challenging questions when it addresses positive obligations under art.4 and these questions have to be more seriously considered. I will also offer an alternative reasoning which is more useful for responding to the structural deficiencies in the protection offered to migrants subjected to severe forms of exploitation in Europe. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/3c95da96-a286-4219-9093-6d3da129a8fe
- author
- Stoyanova, Vladislava LU
- organization
- publishing date
- 2016-05
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Human trafficking, article 4 of the ECHR, positive human rights obligations, human rights, Mänskliga rättigheter
- in
- European Human Rights Law Review
- issue
- 3
- pages
- 290 - 300
- publisher
- Sweet & Maxwell
- ISSN
- 1361-1526
- project
- Lund Human Rights Research Hub
- language
- English
- LU publication?
- yes
- id
- 3c95da96-a286-4219-9093-6d3da129a8fe
- date added to LUP
- 2016-04-24 14:08:12
- date last changed
- 2022-10-13 11:41:44
@article{3c95da96-a286-4219-9093-6d3da129a8fe, abstract = {{In L.E. v. Greece, the European Court of Human Rights found that Greece failed to fulfill its positive obligations under art.4 of the European Convention on Human Rights (ECHR). The judgment can be assessed as a step forward for alleviating the scarcity of judicial engagement with art.4 of the ECHR (the right not to be subjected to slavery, servitude, forced labour and human trafficking). While overall a positive development, in this note I will argue that in some respects the judgment is under inclusive, while in others it is over inclusive. I will demonstrate that the Court faces some challenging questions when it addresses positive obligations under art.4 and these questions have to be more seriously considered. I will also offer an alternative reasoning which is more useful for responding to the structural deficiencies in the protection offered to migrants subjected to severe forms of exploitation in Europe.}}, author = {{Stoyanova, Vladislava}}, issn = {{1361-1526}}, keywords = {{Human trafficking; article 4 of the ECHR; positive human rights obligations; human rights; Mänskliga rättigheter}}, language = {{eng}}, number = {{3}}, pages = {{290--300}}, publisher = {{Sweet & Maxwell}}, series = {{European Human Rights Law Review}}, title = {{L.E. v. Greece: Human Trafficking and the Scope of States’ Positive Obligations under the ECHR}}, year = {{2016}}, }