Human trafficking and forced prostitution under article 4 of the European convention on human rights

• Published in: German law journal Vol. 25; no. 2; pp. 262 - 288
• Main Authors: Turanjanin, Veljko, Stanisavljević, Jelena
• Format: Journal Article
• Language: English
• Published: Toronto Cambridge University Press 01-03-2024
• Subjects: Article 4 of the European Convention on Human Rights; Cabaret; Conventions; Cooperation; Courts; Criminal investigations; Criminal liability; European Convention on Human Rights; Exploitation; forced prostitution; Human rights; Human trafficking; Immigration policy; Organized crime; Pandemics; positive obligations of states; Prostitution; Sex industry; Slavery; Trafficking; Victims; Cyprus; Croatia; Russia
• ISSN: 2071-8322; 2071-8322
• DOI: 10.1017/glj.2023.98

We discuss the issue of bringing human trafficking and forced prostitution within the purview of Article 4 of the European Convention on Human Rights. The judgment of the European Court of Human Rights in Rantsev v. Cyprus and Russia marked a turning point by classifying forced prostitution through human trafficking under Article 4. However, in the judgment in S.M. v. Croatia, the ECtHR further reinforced its view that human trafficking and forced prostitution constitute a violation of Article 4.
We explain human trafficking and forced prostitution both theoretically and through a number of international legal acts. We then explain Article 4 of the Convention and provide a comprehensive analysis of the material and procedural guarantees against human trafficking and forced prostitution. We also comment on the positive obligations that the ECtHR set for Member States. The authors believe that, despite numerous criticisms, the ECtHR’s position is correct and that both human trafficking and forced prostitution violate the principles of democratic society. Therefore, victims must enjoy the protection afforded by Article 4 of the Human Rights Convention and other conventions if their life situation falls within their scope.