Art. 4 & 5 Flashcards
What is the difference between slavery, servitude and forced labour?
Slavery exists when a person is wholly under the legal ownership of someone else.
Servitude is when a person is forced to work outside his will to do so
Forced labor is when a worker works involuntarily and the work is unjust and oppressive
What positive obligations arise from art 4?
CPs have an obligation to fight against slavery and against human trafficking and should take necessary measures to limit it as much as possible.
How is ‘arbitrary detention’ not arbitrary?
A detention is not considered arbitrary if:
- It has a legal basis, a genuine aim, it is proportionate to the aim achieved, necessary, seen as a last resort and detention time is not unreasonable
What is an unacknowledged detention?
When the state authorities fail to give account for a person who is kept in detention and disappears.
What positive obligations arise from art 5?
CPs have an obligation to safeguard the liberty of its citizens and to investigate when something goes wrong.
What was the rulling in De Tomasso?
To determine whether one’s liberty is violated, their personal circumstances must be considered.
What did the court say in A v UK?
The Margin of Appreciation must pursue a legitimate aim and be proportionate to that aim.
