Article 4 contemplates and excepts work that is part of normal civic obligations. This is measured by reference to what is reasonable to be expected of the individual in the circumstances. Jury service has been held to be a civic obligation in this context.<\/p>\n
In Van Der Mussele v. Belgium, a similar issue arose in respect of lawyers. It was held that the burden was not disproportionate, and there was no compulsory labour for the purpose of the article, so it was not necessary to consider whether the obligation was a civic obligation.<\/p>\n
In Gussen Bauer v. Austria, a lawyer complained that he was required to work pro bono with reimbursement for almost none of his expenses. The application was declared admissible but was not later settled.<\/p>\n
The Court considered whether the particular requirement was discriminatory between groups required not to undertake the work and those which were so required. This occurred notwithstanding that if the matter is outside Article 4, it cannot be argued to be discriminatory under other articles in the protocol.<\/p>\n
In Schmidt v. Germany, the obligation to serve as a fire person or pay a levy applied to men but not women, The court held the work to be a normal civic duty, and the charge was related to the service. The court found this to be\u00a0 a violation, notwithstanding that it was protected by Article 4.<\/p>\n
In Zarb Adami v. Malta, jury legislation required very few women to serve and it was held to constitute unlawful discrimination, notwithstanding that jury service was accepted as a normal civic obligation.<\/p>\n
The question arises as to whether consent may obviate labour or service being forced or compulsory. The use of the word forced or compulsory lends weight to the argument that this may be so. The question arises as to how severe the pressure or sanction in question is in the circumstances.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
ECHR Guarantee Article 4 of the European Convention on Human Rights provides that No one shall be held in slavery or servitude No one shall be required to perform forced or compulsory labour. For the purpose of the article, the term forced or compulsory labour shall not include. any work required to be done in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[347],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10237"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10237"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10237\/revisions"}],"predecessor-version":[{"id":22582,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10237\/revisions\/22582"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}