By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.
Th is article points to four worrisome aspects of the Court's reasoning in Rantsev v. Cyprus and Russia. First, the Court takes on board the concept of human traffi cking without off ering any meaningful legal analysis as to the elements of the human traffi cking defi nition. Second, the adoption of the human traffi cking framework implicates the ECtHR in anti-immigration and anti-prostitution agenda. Th e heart of this article is the argument that the human traffi cking framework should be discarded and the Court should focus and develop the prohibitions on slavery, servitude and forced labour. To advance this argument, the relation between, on the one hand, human traffi cking and, on the other hand, slavery, servitude and forced labour is explained. Th e article suggests hints as to how the Court could have engaged and worked with the defi nition of slavery which requires exercise of 'powers attaching to the right of ownership', in relation to the particular facts in Rantsev v. Cyprus and Russia. Lastly, it is submitted that the legal analysis as to the state positive obligation to take protective operation measures is far from persuasive.
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