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L.E. v. Greece: Human Trafficking and the Scope of States’ Positive Obligations under the ECHR

Stoyanova, Vladislava LU (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)
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author
organization
publishing date
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
language
English
LU publication?
yes
id
3c95da96-a286-4219-9093-6d3da129a8fe
date added to LUP
2016-04-24 14:08:12
date last changed
2016-04-27 10:55:18
@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},
  keyword      = {Human trafficking, article 4 of the ECHR,positive human rights obligations,human rights,Mänskliga rättigheter},
  language     = {eng},
  number       = {3},
  pages        = {290--300},
  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},
}