Underage girls kept in servitude by her aunt and uncle: the
authorities failed to combat forced labour
The applicants, two sisters, are French nationals, who were
born in 1978 and 1984 respectively in Burundi. They left that country following
the 1993 civil war, during which their parents were killed. They arrived in
France in 1994 and 1995 respectively, through the intermediary of their aunt
and uncle (Mr and Mrs M.), Burundi nationals living in France. The latter had
been entrusted with guardianship and custody of the applicants and their
younger sisters at a family meeting in Burundi. Mr and Mrs M. lived in a
detached house in Ville d'Avray with their seven children, one of whom was
disabled. The applicants were accommodated in the basement of the house and
alleged that they were obliged to carry out all household and domestic chores,
without remuneration or any days off. C.N. claimed that she had also been
required to take care of Mr and Mrs M.'s disabled son, including occasionally
at night. The applicants allege that they lived in unhygienic conditions (no
bathroom, makeshift toilets), were not allowed to share family meals and were subjected
to daily physical and verbal harassment. The applicants claimed that they were
physically and verbally harassed on a daily basis by their aunt, who regularly
threatened to send them back to Burundi. On 4 January 1999 the association
"Enfance et Partage" drew the attention of the Nanterre public
prosecutor's office to the applicants' situation; on the following day the
applicants ran away from Mr and Mrs M.'s home and were taken into the
association's care.
Relying on Article 3 (prohibition of inhuman and degrading
treatment), V. alleged that she had been subjected to ill-treatment. Under
Article 4 (prohibition of slavery and forced labour), the applicants submitted
that they had been held in servitude and required to perform forced or
compulsory labour. Lastly, relying on Article 13 (right to an effective
remedy), they also claimed that no effective investigation had been carried out
in response to their allegations.
The Court held that France was to pay C.N. 30
000 euros (EUR) to cover all heads of damage
Full Sentence
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