Essence of the decision:
The European Court of Human Rights found Russia violated Article 4 (prohibition of slavery and forced labor) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights in a case concerning five women from Kazakhstan and Uzbekistan who were victims of human trafficking and labor exploitation in Moscow convenience stores between 2002-2016. The Court found Russia failed to protect the victims, investigate the crimes effectively, and displayed discriminatory attitudes toward female migrant workers.
Structure and main provisions:
The Court examined three key obligations under Article 4:1. The duty to establish an adequate legal framework to prohibit and prevent trafficking2. The duty to take operational measures to protect victims3. The procedural obligation to investigate trafficking casesThe Court found Russia violated all three obligations by:- Having insufficient criminal legislation on trafficking- Failing to identify and protect victims- Not conducting proper criminal investigations- Displaying discriminatory attitudes toward female migrantsThe Court also found a violation of Article 14 (discrimination) taken together with Article 4, as authorities’ inaction reflected discriminatory attitudes toward women and foreign workers.
