Human beings trafficking in the European Court of Human Rights case-law

• Author: Laura-Cristiana Sp?taru-Negur?
• Position: Assistant Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: negura_laura@yahoo.com)
• Pages: 95-102

LESIJ NO. XXIV, VOL. 2/2017

HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF

HUMAN RIGHTS CASE-LAW

Laura-Cristiana SPĂTARU-NEGURĂ

Abstract

After last year’s analysis regarding the European Union’s commitment to fight a gainst the

human beings trafficking, we have considered to further explore the human beings trafficking approach

in the European Court of Human Rights case-law, the most developped regional jurisdiction on human

rights.

Surprisingly, the European Convention for the Protection of Human Rights and Fundamental

Freedoms does not make an express reference to th e human beings trafficking. However, we have to

bear in mind that the Convention is a living instrument, its interpretation being made in the light of the

present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more

obvious than ever that the Convention could not neglect this issue.

Keywords: human beings trafficking, European Court of Human Rights, Convention, case-law.

1. Introductive Remarks

Through this study, we propose an

analysis to increase the understanding

between the protection of human rights

under the European Convention for the

Protection of Human Rights and

Fundamental Freedoms (hereinafter the

“European Convention on Human Rights”

or the “Convention”) and one of the most

serious global threats, the human beings

trafficking. This is really necessary in order

to strengthen human protection at t he

national level, having in mind that the

European Court for Human Rights

(hereinafter the “ECHR” or the “Court”)

represents the most developed regional

jurisdiction on human rights

1

. To attain this

 Assistant Lecturer, PhD, Faculty of Law, "Nicolae Titulescu" University of Bucharest (e-mail:

negura_laura@yahoo.com)

1

For general information on the European system of human rights protection instituted by the Council of Europe,

please see Raluca Miga-Besteliu, Drept international public, 1st volume, 3rd edition, C.H. Beck Publishing House,

Bucharest, 2014, p. 184-185, and Bogdan Aurescu, Sistemul jurisdictiilor internationale, 2nd edition, C.H. Beck

Publishing House, Bucharest, 2013, p. 211 and following.

purpose, the present study seeks to provide

the most relevant examples from the Court’s

case-law.

Right from the beginning, we

underline that the Convention does not make

any express reference to the human beings

trafficking (although the Conventio n

prohibits “slavery and the slave trade in all

forms” under Article 4). This should not

surprise us, having in view that the

Convention was inspir ed by the Universal

Declaration of Human Rights proclaimed in

1948 by the General Assembly of the United

Nations, which does not expressly address

the human beings trafficking problem either.

However, as it is stated in the Court’s

case-law and it is widely recognized in the

legal doctrine, the Convention is “a living

instrument (…) which must be interpreted in