DignITA Database

DATA: 30/06/2017

STRUMENTI CORRELATI:

NOTE:

Ruling:

The court declares the application admissible and holds that there has been a violation of Article 4.2 of the Convention.

Reference to obligations of criminalization:

Arts. 2, 3, 4 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.ù

Reference to human dignity:

Indirect reference.
Forced labour and human trafficking violate fundamental human rights, including human dignity.
In the case at hand the applicants worked in greenhouses for twelve hours every day, picking strawberry under the supervision of armed overseers; they lived in makeshift shacks made of cardboard, nylon, without toilets or running water; their employers did not pay them and warned them that they would only receive their wages if they continued to work. In addition, the applicants did not have a residence permit or work permit. Consequently, the employer abused his power and took advantage of the vulnerability of his workers in order to exploit them. The prior consent of the victims is not sufficient to exclude the characteristic of such conducts as forced labour.