Art. 4 & 5

Question 1

What is the difference between slavery, servitude and forced labour?

Answer 1

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

Question 2

What positive obligations arise from art 4?

Answer 2

CPs have an obligation to fight against slavery and against human trafficking and should take necessary measures to limit it as much as possible.

Question 3

How is ‘arbitrary detention’ not arbitrary?

Answer 3

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

Question 4

What is an unacknowledged detention?

Answer 4

When the state authorities fail to give account for a person who is kept in detention and disappears.

Question 5

What positive obligations arise from art 5?

Answer 5

CPs have an obligation to safeguard the liberty of its citizens and to investigate when something goes wrong.

Question 6

What was the rulling in De Tomasso?

Answer 6

To determine whether one’s liberty is violated, their personal circumstances must be considered.

Question 7

What did the court say in A v UK?

Answer 7

The Margin of Appreciation must pursue a legitimate aim and be proportionate to that aim.