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Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights (5th edn)

David Harris, Michael O'Boyle, Ed Bates, and Carla M. Buckley
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date: 17 July 2024

p. 2867. Article 4: Freedom from Slavery, Servitude, or Forced or Compulsory Labourlocked

p. 2867. Article 4: Freedom from Slavery, Servitude, or Forced or Compulsory Labourlocked

  • David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
  • Michael O’boyle, Michael O’boyleDeputy Registrar of the European Court of Human Rights (2006–2015)
  • Ed Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
  • Carla M. Buckley, Carla M. BuckleyInternational Human Rights Lawyer
  • KreŠimir Kamber, KreŠimir KamberRegistry Lawyer, European Court of Human Rights
  • ZoË Bryanston-Cross, ZoË Bryanston-CrossRegistry Lawyer, European Court of Human Rights
  • Peter CumperPeter CumperProfessor of Law, University of Leicester
  •  and Heather GreenHeather GreenIndependent Researcher

Abstract

This chapter discusses Article 4 of the European Convention on Human Rights. Article 4 prohibits slavery, servitude, and forced or compulsory labour. The Court has extended the scope of Article 4 to cover ‘domestic slavery’ and human trafficking. In particular, states have positive obligations to act against conduct by private employers or persons involved in trafficking. Whereas the prohibitions of slavery and servitude are absolute, certain forms of forced or compulsory labour are permitted, for example in fulfilment of a civic duty and work by a convicted prisoner.

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