The prohibition of slavery and similar practices in the European human rights system

evolution and unanswered questions

Abstract

Article 4 of the European Convention on Human Rights (ECHR), which prohibits slavery, servitude and forced labour, has evolved in its application to include human trafficking. While this broadens the protection of rights, it also raises significant challenges, such as the need to define a minimum threshold of severity that preserves the effectiveness of the system. This threshold should be grounded in the ‘classical’ elements of the legal framework addressing forced labour, servitude, and slavery –namely, coercion and the severity of exploitation– as these are critical in distinguishing conduct warranting the most serious sanctions from that which, while objectionable,does not fall within the protective scope of Article 4.