On the 23 October 2012, the European Court of Human Rights (ECtHR) in C.N. v The United Kingdom ruled that the United Kingdom was in breach of its Article 4 obligations under the European Convention on Human Rights (ECHR) by failing to have specific legislation in place which criminalises domestic slavery.
The applicant arrived in the UK in 2002 after fleeing from sexual and physical violence in Uganda. In 2003 the applicant’s relative introduced her to a man called Mohammed who arranged a job for her as a live-in carer to an elderly Iraqi couple. The Iraqi couple paid Mohammed £1600 per month who passed on a percentage of this to the applicant’s relative. The applicant herself never received any payment. In 2006 the applicant’s solicitor wrote to the police asking them to investigate her case but they desisted from extensive investigation saying there was no evidence of trafficking for domestic servitude. In 2009, after intervention from the Poppy Project, the police informed the applicant’s solicitor that while the account of the applicant was credibe there was no offence under English criminal law which applied to the facts of her case.
The applicant subsequently brought a claim to the ECtHR asserting that the UK had not done enough to afford her protection under Article 4 of the ECHR which prohibits slavery and forced labour. The ECtHR confirmed that the state had an ‘operational duty’ which included both taking measures to remove a person from a situation or risk and a duty to investigate where there is credible suspicion that an individual’s Article 4 rights have been violated. The Court confirmed that the UK infringed the applicants Article 4 Convention Rights because of its failure legislate against domestic slavery.
Click here to read an article from the UK Human Rights Blog.
Meanwhile in Ireland, Independent Senator Fergal Quinn last week put forward a Bill before the Seanad which seeks to fill the legislative gap with regard to forced labour. Senator Jillian Van Turnhout, speaking in the Seanad, called for the government to either legislate against forced labour or amend the Criminal Law (Human Trafficking) Act 2008 to define forced labour.
Click here for the full record of the Seanad debate.
The issue of forced labour was recently brought to the attention of the media in the case of Hussein v Labour Court. Bulletin readers may recall that Mr Younis, an exploited migrant worker was left unprotected under Irish Employment law because he did not have an employment contract.