Trafficking in Human Beings: the ECHR and States' Positive Obligations

Abstract

Positive Obligations related to the ECHR provisions play a central role in investigating severe crimes and protecting victims. Art. 4 ECHR is particularly relevant in the context of the fight against Trafficking in Human Beings (THB). Among the procedural duties deriving from this article, the analysis focuses on the obligation to not prosecute victims of THB for the minor crimes they were forced to commit. The mentioned obligation (also provided by other supranational sources) was strongly stressed by a 2021 ECtHR judgement. The latter poses some questions regarding the Italian system also in comparison with the German one.