Monthly Research Reports

“Never forget that it only takes a political, economic, or religious crisis for
women’s rights to be called into question. These rights can never be taken for granted.
You must remain vigilant throughout your life” (de Beauvoir, 1949).
This famous French quote from Simone de Beauvoir from 1949 still resonates
strongly with feminist activist movements today. Unfortunately, even though de Beauvoir is a
feminist figure of the previous century, her powerful words remain relevant in today’s society
to drive the fight for women’s rights.

In October 2023, the UN Special Rapporteur on violence against women denounced a
“global epidemic of femicide” (OHCR, October 2023). On September 20th, 2022, Mahsa
Alimi was murdered by the Iranian Regime. Poland enforced a near-total ban on abortion in
January 2021 and the American Supreme Court overturned Roe vs Wade in June 2022 while
Afghan women have been unwaveringly disappearing from public life since August 2021.
Setbacks and retrogression of women’s rights are not solely issues confined to outside Europe
but a pressing challenge to be tackled by all European nations.

This report will examine the various challenges and obstacles encountered by women
who pursue justice. Access to justice is not only a fundamental human right, but also a
mechanism for the realisation of other human rights. According to the United Nations
Development Program (UNDP), access to justice encompasses “the ability of people to seek
and obtain remedy through formal or informal institutions of justice, and in conformity with
human rights standards” (UN Women et al. 2018, p. 17). Additionally, the United Nations
considers justice as “an ideal of accountability and fairness in the protection and vindication
of rights and the prevention and punishment of wrongs” and emphasises that fostering the
rule of law and ensuring access to justice are essential for sustaining peace (UN Women et al.
2018, p. 17).

Migrant domestic workers face significant vulnerability as they are highly susceptible to abuse and exploitation, often enduring these injustices behind closed doors. This hidden nature of their plight makes it challenging for them to seek assistance and for outsiders to detect the abuse. In diplomatic households, which serve as residences for international diplomats and embassy staff, women domestic workers are commonly hired to carry out diverse household responsibilities. Tackling this issue poses a serious and complex challenge for host governments (Human Rights Watch, March 21, 2014).

Human trafficking is a complex and dynamic issue that constitutes a tremendous human rights violation, and it is prohibited under numerous treaties and conventions. According to the Counter Trafficking Data Collaborative, there are currently 156,330 individual human trafficking cases across 189 countries of exploitation and 187 nationalities (CTDC, 2023). In terms of global distribution, Eastern Europe is the region where the majority of victims are from, including Romania, Ukraine, Russia and Bulgaria
(UNODC, 2022).

However, he number of detected victims had decreased for the first time due to the COVID-19 pandemic. For example, trafficking with the purpose of sexual exploitation decreased by 24 percent compared to 2019. It is suggested that this happened because the pandemic either led to a decrease in trafficking for sexual exploitation as a result of lockdown procedures, and/or there was a decrease in the ability to identify this type of crime (UNODC, 2022). One way or another, one of the greatest challenges in developing adequate policies and responses is the lack of reliable data, especially about the number
of victims and their profiles. The majority of human trafficking court cases are filled by victims who manage to exit exploitation on their own, evidencing how the scope for action in identifying and eradicating the issue remains limited (Migration Data Portal, 2023; UNODC, 2022).

Women and girls are disproportionately affected by human trafficking, which corresponds to the large majority of identified victims. In 2020, 60 percent of the total number of detected victims were women and children, and for every 10 victims detected, four were adult women and two were girls. The risk of physical assault is also higher for female and child victims during trafficking. They are three times more likely to suffer explicit or extreme violence compared to men. In addition, trafficking for sexual exploitation is the most common form of trafficking worldwide, corresponding to 54 percent, and has women as the main targets. Of all sexual exploitation victims, 96 percent are female. Human trafficking has explicit gender motivations and violates women’s human rights (ICAT, 2017; UNODC, 2022).

The root causes of the disproportionate impact of human trafficking on women and girls are plentiful. For example, gender inequality in educational and employment opportunities or limited control over financial resources can exacerbate the vulnerability of women and girls to trafficking. Furthermore, gender-based violence and cultural norms that normalise such violence are also contributing factors. The presence of discriminatory labour or migration laws can restrict women’s mobility and their capacity to change jobs, pushing them towards seeking employment in unregulated and informal sectors. As a result, women become more susceptible to the risks of trafficking and exploitation. Finally, conflict, post-conflict settings, and humanitarian crises are risk multipliers for women and girls as they are more exposed to exploitation in the absence of the rule of law and more frequently targeted by armed groups for sexual slavery, domestic servitude, and forced and child marriages (ICAT, 2017). In conflict contexts, the escalation of poverty and limited economic prospects further enhances the vulnerability
of women to trafficking. For instance, the current conflict in Ukraine has led to the largest forced population movement in Europe since the Second World War, with over 6 million people seeking refuge in neighbouring countries. Among these refugees, approximately 90 percent are women and children, making them highly vulnerable to human trafficking as throughout their migration journey, women face gender-specific vulnerabilities and risks that increase their susceptibility to trafficking
The present report aims to shed light on the specific context of human trafficking throughout European, in light of Article 4 of the European Convention on Human Rights (ECHR), which prohibits slavery, servitude, and forced and compulsory labour, but does not explicitly mention the prohibition of human trafficking. It also seeks to emphasise the gender dimension of human trafficking and showcase the special vulnerabilities of women and girls in this regard. The challenges of prosecuting human
trafficking have been due to the lack of international agreement on the definition of human trafficking, resulting in the failure to prosecute this kind of human rights violation until the early 2000s. Since then, however, through the jurisprudence of the European Court of Human Rights (ECtHR), the concept of trafficking in human beings has gained greater clarity and uncovered the gender aspect of human trafficking, specifically in cases involving sexual exploitation and forced prostitution.

Consequently, this paper revolves around three legal cases from the ECtHR where violations of Articl e4 of the ECHR were established, concerning human trafficking related to sexual exploitation and/or forced prostitution. The paper consists of two parts. Chapter 1 seeks to provide a general overview of the content of Article 4, the positive obligations of State Parties, and the challenges of the prosecution of human trafficking in this regard. In Chapter 2, three legal case studies are presented which are
crucial to understand as they have set precedents for subsequent convictions of trafficking crimes at the European level. For example, through these judgments, the ECtHR has ruled, inter alia, that human trafficking falls within the scope of Article 4 of the ECHR, clarified the positive obligations upon State Parties, and identified the three constituent elements of the international definition of human trafficking, while in all instances highlighting the gender dimension of human trafficking.