Commentary on Judgment No. 11027 of 2024: International Protection and Debt Bondage
Judgment No. 11027 of April 24, 2024, issued by President A. M. and rapporteur R. R. E. A., significantly addresses the issue of international protection, particularly for applicants in a vulnerable situation arising from debt bondage and exploitation. This case, pitting S. (R. D.) against M., highlights the importance of an integrated assessment of the living conditions and fundamental rights of migrants.
The Concept of Debt Bondage
According to jurisprudence, debt bondage refers to a condition where a person is forced to work to repay a debt, often in exploitative situations. The judgment under review emphasizes that if the applicant demonstrates having incurred a substantial debt to migrate due to extreme poverty, the judge must consider this circumstance as an integral part of their protection claim.
Unified Assessment of Circumstances
A crucial aspect highlighted is the need for a unified assessment of the applicant's account. As indicated in the summary, it is essential for the judge to examine the violence suffered in the transit country and the precariousness of the current employment situation. This approach aligns with the UNHCR Guidelines on Identifying and Protecting Trafficked Persons, which provide a framework for recognizing and protecting victims' rights.
(CONDITION OF) International protection - Debt bondage - Violence suffered in the transit country - Precarious employment situation in the national territory - Credibility of alleged circumstances - Consequences - Necessary assessments - Content. In matters of international protection, the judge, if deeming credible the applicant's allegation of having incurred a substantial debt to migrate due to a condition of extreme poverty (so-called debt bondage), of having been subjected to servitude or forced labor in the transit country, and of having a precarious employment situation in the national territory, must assess the account in a unified manner (also in light of the UNHCR Guidelines on Identifying Trafficked Persons) and order the applicant's hearing, to verify if what was suffered can be qualified as acts of persecution or subjection to inhuman and degrading treatment, with the consequence that, if it can be excluded that the applicant will be subjected again to forms of exploitation or other inhuman or degrading treatments due to the debt bondage, it is necessary to assess whether the condition of vulnerability arising from the previous treatments, even if suffered in the transit country, justifies the recognition of subsidiary protection, taking into account the applicant's overall condition, to be considered at the present time.
Conclusions
In summary, Judgment No. 11027 of 2024 represents a step forward in protecting the rights of migrants and combating forms of exploitation. It underscores the importance of a thorough analysis of each asylum seeker's circumstances, so that legal decisions can truly reflect their living conditions and vulnerabilities. For legal professionals, this order offers important insights for defending the rights of migrants, emphasizing the need for fair and humane justice.
