Institute for Migrant Rights
Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › Austria

J. and Others v. Austria

European Court of Human Rights · Austria · 2017-01-17 · Regional court or body

Citation: App. no. 58216/12
Type of case: Constitutional and human rights
Outcome: Decided against the migrant side

Question

Must Austria investigate trafficking of domestic workers that mostly happened abroad before their employers brought them to Vienna?

What the court decided

No. Austria identified the women as possible victims and protected them in Austria; Article 4 did not require it to investigate acts committed abroad.

In plain language

Filipino domestic workers said they had been exploited abroad and then in Vienna, where they escaped. Austria protected them but did not prosecute. The Court said Austria had done enough.

Dalam bahasa sederhana

Pekerja rumah tangga Filipina mengaku dieksploitasi di luar negeri lalu di Wina, tempat mereka melarikan diri. Austria melindungi mereka tetapi tidak menuntut. Mahkamah menyatakan Austria sudah cukup bertindak.

Pertanyaan: Wajibkah Austria menyelidiki perdagangan pekerja rumah tangga yang sebagian besar terjadi di luar negeri sebelum majikan membawa mereka ke Wina?

What happened afterwards

  • 2017-01-17: Judgment.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/echr-j-austria-2017/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

This collection of decisions is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

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