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Human rights

23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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CN v United Kingdom (App No 4239/08) [2012] All ER (D) 181 (Nov)

The court had previously held that Art 4 of the Convention entailed a specific positive obligation on member states to penalise and prosecute effectively any act aimed at maintaining a person in a situation of slavery, servitude or forced or compulsory labour. In order for a positive obligation to take operational measures to arise in the circumstances of a particular case, it had to be demonstrated that the state authorities had been aware, or ought to have been aware that an identified individual had been, or was at real and immediate risk of being subjected to such treatment. In the case of an answer in the affirmative, there would be a violation of Art 4 where the authorities had failed to take appropriate measures within the scope of their powers to remove the individual from that situation or risk. Article 4 also entailed a procedural obligation to investigate where there was a credible suspicion that an individual’s rights under that article had been violated.

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MOVERS & SHAKERS

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

Real estate disputes team strengthened by London partner hire

Morgan Lewis—Christian Tuddenham

Morgan Lewis—Christian Tuddenham

Litigation partner joins disputes team in London

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
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