Commentary to the CoE Convention on Action against Trafficking in Human Beings

The Council of Europe Convention on Action against Trafficking in Human Beings (CoE Convention against THB) is the first legal instrument concerning trafficking in human beings (THB) that frames THB as a human rights violation. Although the CoE Convention against THB has been in force since 2008 and ratified by almost all Member States of the Council of Europe (44 out of 47 Member States), a comprehensive commentary to the Convention does not yet exist. Bearing in mind the significant importance of the Convention, this forms a remarkable gap which needs to be filled. Since the Convention frames THB as human rights violation, the methodology of the analysis will also be centred on the Human Rights-Based Approach (HRBA) to THB in order to ensure that States obligations concerning gender equality, non-discrimination and the best interests of the child are mainstreamed in the analysis. Additionally, the monitoring of implementation of the CoE Convention against THB will play a vital role for the analysis, which is conducted by a group of independent experts (Group of Experts on Action against Trafficking in Human Beings). This form of monitoring is still unique worldwide compared to other legal instruments concerning THB at UN-level or other regions. Research at the Ludwig Boltzmann Institute of Human Rights (BIM) concerning THB traditionally approaches the issue of THB from a human rights perspective and numerous projects have been conducted in this area since 1999. Consequently, the institute forms an excellent environment for elaborating the commentary. The BIM researchers involved in this project, have significant experience in conducting research on different matters of THB linked to human rights, including childrens rights, compensation of trafficked persons or access to justice. Further high-level academics with expertise concerning certain matters of THB will also contribute to the commentary. All authors will receive regular feedback from an advisory group. The advisory group will consist of three long-standing eminent researchers and experts covering academic research, working in civil-society and international organisations. Although the CoE Convention against THB clearly frames THB as a matter of human rights and formulates obligations of States Parties, the actual extent of the human rights obligation of States concerning THB is still controversial. The commentary aims to establish the first up-to-date and comprehensive analysis of the Convention. It should form a guide to the Convention, provide an in- depth analysis of its provisions and thereby contribute to a better understanding of THB and human rights obligations of States Parties.

The Council of Europe Convention on Action against Trafficking in Human Beings (CoE Convention against Trafficking) is the first legal instrument concerning trafficking in human beings that frames trafficking in human beings as a human rights violation. By adopting the Convention, legal standards were defined that specify how its State Parties must respond to cases of trafficking in persons. The Convention is still the only legal instrument dealing with trafficking in human beings that frames it as a human rights violation and aims at strengthening the application of a human rights-based approach. Therefore, it is of global relevance and guides also states that are not members of the Council of Europe to implement a human rights-based approach. Main outcome of this research project is a legal commentary, which is the first up-to-date and comprehensive analysis of the CoE Convention against Trafficking. It forms a compact guide to anti-trafficking legal standards and its corresponding human rights obligations of States Parties. The objective of this commentary is to contribute to a more precise interpretation of the CoE Convention against Trafficking as the actual extent of the human rights obligations of States concerning trafficking in human beings is still controversial. The Commentary offers a first in-depth analysis of the drafting history of the Convention. Furthermore, the reports of the monitoring body of the CoE Convention against Trafficking, the Group of Experts on Action against Trafficking in Human Beings (GRETA), played a vital role for the interpretation of obligations stemming from this Convention. In addition, case law developed by the European Court of Human Rights (ECtHR) and national courts were also essential. The Commentary was developed at the Ludwig Boltzmann Institute of Human Rights. The Institute formed an excellent environment for elaborating the Commentary since numerous projects have been conducted here that approached trafficking in human beings from a human rights perspective. Dr. Julia Planitzer was the principal investigator of this project and co-edits the Commentary together with her colleague Dr. Helmut Sax, both researcher at the Institute. The team of contributing authors is composed of further researchers of the Ludwig Boltzmann Institute of Human Rights and experts from various universities in Europe. Additionally, the researchers received regular feedback from an advisory group consisting of the experts Mike Dottridge, Prof. Manfred Nowak and Georgina Vaz Cabral.