J. and Others v. Austria and the Strengthening of States’ Obligation to Identify Victims of Human Trafficking

Guest post by Dr. Vladislava Stoyanova, Lecturer and Postdoctoral Fellow, Faculty of Law, Lund University, Sweden (*)

J. and Others v. Austria delivered by the Strasbourg Court on 17 January 2017 adds to the slowly developing body of case law under Article 4 of the ECHR (the right not to be subjected to slavery, servitude and forced labour). For an overview of relevant judgments see my previous post here.[1] Although the Court did not find that Austria was in breach of its procedural obligation under Article 4 (the obligation to investigate), I would like to draw attention to some important pronouncements in the judgments that might hold essential potential in relation to the obligation upon states to identify victims of human trafficking. I would like to also draw attention to the poor engagement by the Court with the definitional challenges raised by Article 4, a deficiency that can be traced back to Rantsev v. Cyprus and Russia.[2]

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C.N. v. United Kingdom: the Court addresses domestic servitude

Amongst all the rightful concerns about the Strasbourg Court’s case-overload, I often find myself wondering about the cases that the Court isn’t getting. Some structurally occurring human rights violations aren’t receiving the attention of the Court – at least not in any amount that is proportionate to their scale. Domestic violence against women is one example, as is trafficking and domestic servitude. There is an extremely worrying dearth of judgments on these issues.

C.N. v. the United Kingdom, a case about a woman who was held in domestic servitude, is therefore a welcome ruling. This is just the fourth judgment in which the Court finds a violation of the prohibition of slavery, forced labor and servitude (Article 4 ECHR).[1] In this post I will highlight the most salient aspects of the Court’s reasoning. Continue reading

Recognizing the right to conscientious objection – Part I – correcting a mistake

In the Grand Chamber judgment in the case of Bayatyan v. Armenia the Court recognized a right to conscientious objection under Article 9. The first step in doing so was to correct a mistake started by the European Commission of Human Rights (Commission) regarding the interpretation of Article 9 in conjunction with Article 4. Continue reading