Human trafficking, intersectionality and the relationship between Articles 4 and 14 of the ECHR

Abstract

This comment examines the landmark European Court of Human Rights case of FM and Others v Russia (2024), which assessed the relationship between Articles 4 and 14 of the European Convention on Human Rights in the context of human trafficking and related forms of exploitation. The case involved five Central Asian women subjected to severe labour exploitation in Russia, where authorities repeatedly failed to investigate their claims or offer protection. The court found that Russia violated its positive obligations by condoning trafficking and labour exploitation. While welcoming this watershed ruling, the comment expresses some disappointment at the court’s incomplete engagement with intersectional discrimination, arguing that the judgment focuses primarily on gender and migrant status while neglecting other factors like ethnicity and social position. It also highlights the court’s missed opportunity to fully articulate the role of human dignity in anti-trafficking adjudication, despite acknowledging its importance in passing.