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Expanding the Right to Remain as a Trafficked Person under Article 4 ECHR and the ECAT
Modern Law Review  (IF1.779),  Pub Date : 2021-02-11, DOI: 10.1111/1468-2230.12617
Maja Grundler

MS (Pakistan) v Secretary of State for the Home Department, the first human trafficking case related to non-removal to reach the UK Supreme Court, clarifies the effects of the interplay between the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) and the European Convention on Human Rights (ECHR). The decision expands the right to remain for trafficked persons under Article 4 ECHR with reference to the obligation to investigate trafficking under the ECAT. Trafficked persons cannot be removed while their trafficking experience is being investigated and tribunals have the power to decide whether a person was trafficked. Thus, MS (Pakistan) strengthens the influence of international law, and the role of courts and tribunals. This note argues that, based on MS (Pakistan), other obligations under the ECAT, besides the obligation to investigate trafficking, may in the future be raised in trafficked persons’ appeals against removal.