Abstract:

In Europe, the prohibition of human traffi cking has begun to be recognized as a “fundamental right” especially since 2000’s. Chronologically, fi rst of all, within the European Union, the European Union Charter of Fundamental Rights (EUCFR) laid down clearly that “traffi cking in human beings is prohibited” under its provision related to “prohibition of slavery and forced labour”. Following this, within the Council of Europe, European Convention on Human Rights (ECHR) was interpreted as including the prohibition of human traffi cking under its provision related to “prohibition of slavery and forced labour” through a ruling of European Court of Human Rights. Thus, prohibition of human trafficking has gained a place as a “fundamental right” in Europe. This article, by referring to potential refl ections of this prohibition of human traffi cking as a “fundamental right” in Turkey on the basis of 1982 Constitution especially via “individual application” before Constitutional Court in addition to ECHR and EUCFR, aims to clarify the scope of this prohibition on each of these levels.

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