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Human trafficking

Litigation

"Partnership Action Against Trafficking in Southeastern Europe" - a project funded by the European Commission

In the past year, with support from Esmée Fairbairn, the AIRE Centre has significantly expanded its provision of advice and representation for victims of human trafficking and their representatives and has provided several essential training sessions for practitioners working with trafficked persons. The AIRE Centre has successfully advised and advocated on behalf of EU victims of trafficking who have found it difficult to assert their rights to protection and assistance under the Council of Europe Trafficking Convention including the right to a residence permit under this Convention and also in social assistance and social security appeals.

In addition, the AIRE Centre has played a major role, as representatives or as a third-party, in trafficking and Article 4 cases before the European Court of Human Rights. Our work before the European Court has made it possible for victims of trafficking who have been denied adequate protection, assistance or whose cases have not been investigated domestically to now bring their claims to the Court. It has further enabled victims of trafficking in European countries that have not ratified the Council of Europe Trafficking Convention, to apply to the European Court of Human Rights for remedies.

Litigation

The most significant judgment relating to Trafficking under Article 4 of the European Convention on Human Rights was handed down in the case Rantsev v Cyprus and Russia (Application No. 25965/04) by the Court in January 2010. The AIRE Centre intervened in this case as a third-party, providing the Court with information on the obligation of States to protect victims of trafficking. The Court found trafficking to be a violation of Article 4 and applied the principle of the positive obligation of States to the protection to be afforded to trafficking victims.

The AIRE Centre has also intervened as a third party in two cases raising issues of forced labour and exploitation: C.N. v the United Kingdom (Application No. 4239/08), and jointly with Kalayaan in Kawogo v the United Kingdom (Application No. 56921/09). In addition The AIRE Centre and has represented victims of trafficking before the European Court of Human Rights in M v the United Kingdom (Application No. 16081/08), Osman v Denmark (Application No.38058/09) and L.R. v the United Kingdom (Application No. 49113/09).   

For more information on this project please contact Saadiya Chaudary.