In a landmark ruling by the European Court of Human Rights (ECrHR), Professor Parosha Chandran, a prominent barrister and expert in modern slavery law, achieved a significant victory for Ms. B.B., a survivor of human trafficking, against Slovakian authorities. As reported in an article published by King’s College London, the court found that Slovakia failed to properly investigate allegations of trafficking, breaching Ms. B.B.’s rights under Article 4 of the European Convention on Human Rights (ECHR), which prohibits slavery, servitude, and forced labor.
The unanimous ruling in B.B. V. Slovakia underscores the urgent need for safe migration policies to prevent human trafficking, marking a critical step forward in how trafficking cases are handled across Europe.
“A milestone in the fight against human trafficking”
Ms. B.B. is a Roma woman, born with learning disabilities and raised in state care. She was exploited by a family who took her in after leaving the orphanage and then sold her to a human trafficker who trafficked her from Slovakia to the United Kingdom in 2010. She was then forced into sexual exploitation for at least a year.
Upon her return to Slovakia, Ms. B.B. was diagnosed with severe psychiatric trauma due to her experience in the U.K. At that point, an NGO called Caritas Slovakia recognized her as a trafficking victim and formally requested a criminal investigation. However, Slovak authorities classified her case as “pimping” instead of human trafficking, a decision that excluded her from vital specialist support available to trafficking survivors, support that was being provided to her by Caritas Slovakia.
In response, Professor Chandran brought the case before the ECtHR, arguing that Slovakia’s failure to investigate her case as trafficking violated her rights under Article 4 ECHR. The Court’s ruling affirmed Chandran’s argument, stating that
In finding significant flaws in the domestic proceedings including a failure by the domestic authorities to take all reasonable steps to collect evidence, the Court also found the Slovak authorities had failed to “demonstrate an understanding of the many subtly ways an individual can fall under the control of another”.
The Court awarded Ms. B.B. €26,000 in compensation and acknowledged the severity of her exploitation.
“This ruling is a milestone in the fight against human trafficking, reinforcing the need for states to uphold international standards and protect victims’ rights,” said Professor Chandran.
“It has been a privilege to represent B.B., whose courage has helped prevent the injustices she suffered from happening to others.”
A win for anti-trafficking advocates and safe migration policies!
The victory not only underscores the need for rigorous investigations but also highlights the role that safe migration pathways play in dismantling human trafficking networks. Without secure migration pathways and accessible support systems, trafficking victims often face the threat of deportation or exclusion from crucial protections, increasing their risk of exploitation.
“This case has shown just how crucial it is to recognize and respond to the vulnerabilities faced by migrants, particularly those who lack access to safe migration options,” stated Caritas Slovakia in a press release, emphasizing the importance of providing protection and support to trafficking survivors.
“We express our profound gratitude to Professor Chandran for her commitment to being the voice of the voiceless and securing justice for B.B.”
This victory is a reminder that safe migration policies aren’t just beneficial; they’re vital to protecting people from exploitation. Professor Chandran’s work underscores how critical these pathways are in ensuring that vulnerable individuals receive the protection and justice they deserve.
Freedom United’s work on its safe migration campaign emphasizes that access to secure migration is essential for individuals to claim their rights and avoid the dangers of trafficking. Take action today for safer and fairer migration frameworks that uphold the dignity and rights of all people and progress the fight against human trafficking.
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