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CASE OF F.M. AND OTHERS v. RUSSIA

Essence of the decision:

The European Court of Human Rights found Russia violated Article 4 (prohibition of slavery and forced labor) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights in a case concerning five female migrants from Kazakhstan and Uzbekistan who were victims of human trafficking and labor exploitation in Moscow convenience stores between 2002-2016.

Structure and main provisions:

The Court found Russia failed in three key obligations:1. Failed to put in place adequate legislative and administrative framework to prohibit and prevent trafficking and protect victims2. Failed to take operational measures to protect the applicants as potential victims of trafficking3. Failed to conduct effective criminal investigation into credible allegations of trafficking, forced labor and gender-based violenceThe Court determined the women were victims of cross-border trafficking and servitude, subjected to exploitation, confinement, physical abuse, and sexual violence. The authorities’ discriminatory passivity and inaction reflected bias against female migrant workers and created conditions conducive to trafficking.

Key provisions for use:

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