article 4 echr
Is Article 4 1 a derogation of Article 15 2?
Unlike most of the substantive clauses of the Convention, Article 4 § 1 makes no provision for exceptions and no derogation from it is permissible under Article 15 § 2 even in the event of a public emergency threatening the life of the nation (C.N. v. the United Kingdom, § 65; Stummer v. Austria [GC], § 116).
Is Article 4 a positive or negative obligation?
Article 4 also imposes a positive obligation on states to actively ensure that there is no violation of the prohibition on slavery and forced labour. This is opposed to a negative obligation where states must simply refrain violating fundamental human rights.
What does Article 4 of the European Convention on human rights prohibit?
Article 4 of the European Convention on Human Rights prohibits slavery forced labour. Conscription, national service, prison labour, service exacted in cases of emergency or calamity, and "normal civic obligations" are excepted from these definitions. No one shall be held in slavery or servitude.
Does Section 3 of Article 4 ECHR apply to forced or compulsory labour?
Section 3 of Article 4 ECHR provides four circumstances in which forced or compulsory labour, under section 2, do not apply. The exclusions apply to those in detention (prisoners), compulsory military service, the emergency services and any work which constitutes "normal civic obligations".
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Right to Family Life
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European Convention on Human Rights
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For publication updates please follow the Court's Twitter account at https:/twitter.com/ · echrpublication. © Council of Europe/European Court of Human Rights |
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