THE IMPACT OF EUROPEAN COURT OF HUMAN RIGHTS DECISIONS ON THE CLASSIFICATION OF HUMAN TRAFFICKING

Abstract

This article examines the impact of European Court of Human Rights decisions on the classification of human traf- ficking. It notes that human trafficking, a modern form of slavery, is a cause for considerable concern and constitutes an international criminal offence.It is noted that Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 prohibits slavery and forced labour: no one shall be held in slavery or servitude; no one shall be required to perform forced or compulsory labour.The decisions of the European Court of Human Rights on violations of Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms were analyzed, in particular the cases of Rantsev v. Cyprus and Russia, L.E. v.Greece, Chowdury and Others v. Greece, S.M. v. Croatia (Grand Chamber). Attention is drawn to the fact that trafficking in human beings is prohibited under Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and that the States Parties have a positive obligation to adopt an adequate and comprehensive legal framework to combat this criminal offence; to take protective measures whenever the authorities are aware or should have been aware of a serious risk that a person is at risk of becoming a victim of trafficking; to properly investigate situations of potential trafficking.It is noted that in 22 court rulings under Article 149. Human trafficking of the Criminal Code of Ukraine, there are no references to the practice of the ECHR regarding the application of Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms.It is concluded that in interpreting the concepts contained in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the ECHR relies on the Slavery Convention, 1926 (Siliadin v. France), the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, ILO Convention No. 29 on Forced or Compulsory Labour, the Council of Europe Convention on Action against Trafficking in Human Beings, and the additional Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000 (Rantsev v. Cyprus and Russia).It is emphasized that, given the experience of the ECHR in prohibiting slavery and forced labour and taking into account the provisions of Article 17 of the Law of Ukraine of 23 February 2006 No. 3477-IV «On the Enforcement of Decisions and Application of the Practice of the European Court of Human Rights», it is necessary to take into account the decisions of the ECHR when passing sentences in criminal proceedings referred to the court with an indictment under Article 149 of the Criminal Code of Ukraine.