Modern Slavery

December 3rd, 2021

Art 4 of the ECHR provides that no one shall be held in slavery or servitude. Positive duties are implicit in Art 4: (1) a systems duty, a general city to implement measures to combat trafficking; (2) an investigation duty, to investigate situations of potential trafficking; and (3) a protection duty, or operational duty, to take steps to protect individual victims of trafficking. The protection duty is engaged when state authorities are aware of circumstances giving rise to a credible suspicion that an identified individual has been, or was at real and immediate risk of being, trafficked or exploited. See R (H) v Swindon BC (EWCA) Civ 1836.

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