I. Scope of Article 4 ECHR 1. The rights protected under Article 4 of the European Convention on Human Rights (ECHR) enshrines “one of the fundamental values of democratic societies”.1 The rights are absolute: nothing justifies any form of modern slavery, such as trafficking in human beings or other forms of exploitation, not even in the event of a public emergency threatening the life of the nation.2 Article 4 ECHR places positive obligations on Member States to: (i) put in place a legislative and administrative framework to prevent and punish trafficking; (ii) take operational measures to protect victims and potential victims of trafficking; and (iii) effectively investigate potential trafficking in human beings.3 It is well-established that the ECHR is to be interpreted by reference to the broader framework of international law.4 a. The obligation to protect 2. Contracting States have a positive obligation to protect victims of trafficking in cases where the State authorities were aware or ought to have been aware of circumstances giving rise to a credible suspicion that an individual had been, or was at real and immediate risk of being, trafficked or exploited.5 A State has an obligation to take measures within its powers to remove individuals from the situation or risk of trafficking.6 This applies to acts that occurred on the State’s territory,7 triggering the police and border authorities’ positive obligations.8 Where a State fails in this obligation, the Court has found a violation of Article 4 ECHR.9 3. National authorities may take a range of operational measures to protect victims and potential victims of trafficking, including strengthening coordination at a national level between anti-trafficking bodies, discouraging demand for the exploitation of human beings, and facilitating the early identification of victims by qualified persons, and assisting victims in their physical, psychological and social recovery.10 4. The intervenors emphasise the importance of the earliest possible identification of victims and potential victims of trafficking by trained and qualified personnel in order for actions of state authorities to meet their obligations under Article 4,11 particularly in situations concerning children and girls.12 5. In V.C.L and A.N, the Court referred to the “‘known”’ situation and vulnerability of the applicants. Once it is accepted that the applicant in that case was a child, the Court considered “the CPS should have been aware of the existence of circumstances giving 1 Siliadin v. France, no. 73316/01, § 112, ECHR 2005-VII. C.N. v. the United Kingdom, no. 4239/08, § 65, 13 November 2012. 3 Chowdury and Others v. Greece, no. 21884/15, § 105-116, 30 March 2017; Siliadin v. France, no. 73316/01, ECHR 2005-VII; S.M. v. Croatia [GC], no. 60561/14, § 306, 25 June 2020; V.C.L. and A.N. v. the United Kingdom, nos. 77587/12 and 74603/12, § 152, 16 February 2021. 4 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) 15 November 2000, Article 10 (c); Council of Europe Convention on Action Against Trafficking in Human Beings (ECAT) Treaty Series No. 197 (2005). This principle finds expression in Article 31(3)(c) of the Vienna Convention on the Law of Treaties (“VCLT”), and has been repeatedly relied upon by the ECtHR: see, e.g., Demir v Turkey (2009) 48 EHRR 1272 at §§85-86, 146. 5 V.C.L. and A.N. v the United Kingdom, op. cit., § 152. 6 F.M. and Others v. Russia, nos. 71671/16 and 40190/18, § 295, 10 December 2024. 7 Rantsev v. Cyprus and Russia, no. 25965/04, § 304, 7 January 2010. 8 See for example: J. and Others v. Austria, no. 58216/12, § 114, 17 January 2017. 9 Rantsev v. Cyprus and Russia, op. cit; V.C.L. and A.N. v. the United Kingdom, op. cit., § 152. See also, Osman v. the United Kingdom, 28 October 1998, Reports of Judgments and Decisions 1998-VIII. 10 V.C.L. and A.N. v. the United Kingdom, op. cit., § 153; Chowdury and Others v. Greece, op. cit., § 110. 11 ibid., § 153; Palermo Protocol, op. cit., Article 10(2). 12 Palermo Protocol, op. cit., Article 6(4). 2 1