| Popis: |
Article 4 embodies two guarantees, codifying a general universal principle of International Law, without providing a definition of either slavery, servitude or forced labour. The ECtHR case law takes a more negative approach and concerns itself with identifying what is not a violation of art. 4. The right not to be held in slavery or servitude implies a total prohibition, with no exception. Thus an absolute, unconditional right not to be held in slavery is generated which, should it enter into conflict with another interest, will always prevail. To understand the proscription in art. 4.2 of the Convention and with the support of an ILO convention, the Court has produced a very consistent line of argument, especially in Van der Mussele v. Belgium of 23 November 1983, which focuses on disclosing the scope of sections 2 and 3 of art. 4 of the Convention. Keywords:ECtHR; forced labour; International law; slavery |
