From Rantsev to the Present: Mapping the European Court of Human Rights’ Jurisprudence on Trafficked Migrants
Year: 2026
Type: article
Abstract: This paper examines the jurisprudential evolution of the European Court of Human Rights in protecting trafficked migrants under Article 4 of the European Convention on Human Rights. It traces the expansion of the "living instrument" doctrine, mapping the Court’s transition from a narrow prohibition of slavery toward a framework of active, multi-dimensional State duties. The analysis is structured around three analytical pillars: the consolidation of the tripartite positive obligations of legislation, operation, and procedure; the harmonization of Strasbourg law with international anti-trafficking standards and the non-punishment principle; and the recent shift toward intersectional vulnerability, where gender and irregular immigration status converge. By evaluating the Court’s widening interpretative lens, the paper illustrates how Article 4 has adapted to the specific complexities of modern migration. It demonstrates that the Court has established an authoritative legal standard for the protection of all persons within its jurisdiction, regardless of administrative standing. Ultimately, the paper provides a roadmap for understanding how the Court increasingly decouples fundamental human rights from legal status.
Source: Balkan Social Science Review
Author: Jelena RISTIĆ
Institution: Ss. Cyril and Methodius University in Skopje
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7167030411