Human trafficking by regional human rights courts: An analysis in light of Hacienda Brasil Verde, the first Inter-American Court’s ruling in this area

Abstract

Hacienda Brasil Verde Workers v Brazil is the Inter-American Court of Human Rights' (IACHR) first ruling on human trafficking and slavery. In this landmark case, the Court provides important guidance on the scope of the exploitative conducts prohibited under Article 6 of the American Convention on Human Rights and of the positive obligations this prohibition entails. After referring to the circumstances that have hindered the adjudication of slavery and human trafficking cases internationally, this study provides an overview of the developing international case law on these forms of exploitation, focusing on the European Court of Human Rights (ECtHR). It then analyzes in detail the reasoning followed by the IACHR in Hacienda Brasil Verde, highlighting its main contributions but also some of its weaknesses. Finally, the study presents conclusions on the extent to which the IACHR's ruling addresses some of the gaps and weaknesses identified in the ECtHR's case law, in particular by providing greater clarity on the relationship between slavery and trafficking in international law as well as by putting more emphasis on States' positive obligation to prevent these practices.