European Court of Justice
Park Yeon-mi v. Strathae
Note: the following judgement was prepared and drafted by the Court preceding the Court elections of March 2022, and received consent from the current Chief Justice to publish its findings.
Justices Concurring:
Benjamin STEYN
Frans SVENSON
Luis LOPEZ GUERRA
Lygafaz ATHLABLOMAZEN
Justices Dissenting:
None
Justices Recused:
None
CLAIMANT: Park Yeon-mi
DEFENDANT: Government of Strathae
Chief Justice Steyn delivering the opinion of the court.
The Claimant presented that the policy introduced by the Defendant requiring citizens to provide uncompensated and compulsory labour are in violation of Article V.IV-i(UDoHR) of the Constitution, prohibiting slavery and servitude. The Claimant further presented a breach of Article V.XX-ii(UDoHR) of the Constitution, prescribing the right of all to have equal access to public service.
The Court recognises the cases made by both parties, and rules by unanimous decision in favour of the Claimant.
The Court concurs with the Claimant that the Community Duty Program violates freedom from servitude as defined in the Unversal Declaration of Human Rights. The Court finds especially concerning the presented evidence showing the Defendant's attempts to compel by force and on penalty of the removal of democratic rights the participation in the Community Duty Program.
The Court does not concur with the Claimant that the Community Duty Program violates the right to equal access to public service, and accepts the Defendant's argument that one may choose not to participate in the Program. Nevertheless, the Court recognises that choosing not to participate results in serious detrimental consequences for those involved -- this, then, constitutes a breach of servitude prohibitions.
The Claimant further presented evidence suggesting additional breaches of several sections of the Universal Declaration of Human rights. These breaches were not listed in the original petition filed by the Claimant and as such were not considered in the judgement of the Court.
The Court nevertheless emphasises to the Defendant the discriminatory and oppressive nature of the Community Duty Program. Forcing individuals to provide unpaid labour to benefit the Defendant, on pain of a removal of their democratic rights, fines, imprisonment, or a combination, is a highly serious breach of the freedoms prescribed in the Universal Declaration of Human Rights.
The Court therefore ORDERS the Defendant to CEASE the Community Duty Program with immediate effect. Any individuals currently enrolled in the Community Duty Program shall CEASE their unpaid work immediately without penalty or detriment, and no further individuals shall be enrolled in the Program at any time. The Court further ORDERS the Defendant to pay a fine of €20 000 000 for contempt of European Law.