Whereas European institutions are reviewing a bill to reinforce human being trafficking prevention, we have an opportunity to show how difficult it seems to national authorities (in this instance, the French authorities), to ensure the effectiveness of community and European standards in the area, as shown by the dispute handled by the Committee against Modern Slavery (CCEM), which fights against human being trafficking for the purpose of domestic slavery. Though legal action is the main means of action for ensuring victim acknowledgement and bringing perpetrators of trafficking acts to court, its scope is found to be very limited. Indeed French agencies and courts are obviously having a hard time using the qualification of acts of trafficking, and acknowledging the status of victim of trafficking, and sentencing the perpetrators of acts of trafficking. That is why the CCEM has to initiate claims before the European Court of Human Rights: European legal proceedings appear to be the last resort for asserting the rights of trafficking victims in particular instances and in principle. Though it is vital, going to the European judge seems ineffective. The CCEM has real victories, which leave a sour taste. Thus the Siliadin ruling handed down by the European Court of Human Rights on July 26, 2005. The Court did acknowledge the duty of effectively punishing forced work or slavery practices under article 4 of the Convention and condemned France on the ground of failure to perform that duty. Unfortunately its decision did not have the effects one could expect, on a national level.

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slavery social justice legal system social policy European Commission human rights dispute resolution trafficking