Jurisdiction: Council of Europe – European Court of Human Rights

Country: The Netherlands

SubjectMs. Garib, a single mother of two children, who was living in the area of Tarwewijk in Rotterdam, wanted to move to another flat offered by her landlord in the vicinity of the one she was living in, which she was asked to vacate by the landlord. She was however refused a permit to move to the new flat because she did not meet the income requirement or the requirement of six years of residence in Rotterdam. She unsuccessfully claimed before the domestic courts and the Strasbourg Court a violation of her freedom to choose her residence and of the prohibition of discrimination.

According to the Chamber, refusing a housing permit to a single mother living on social welfare on account of legislation imposing minimum income requirements to reside in a number of hotspot areas of Rotterdam, did not violate her freedom to choose her residence (Article 2 of Protocol 4 ECHR). 

Legal basis:The right to freely choose one's residence guaranteed by Article 2 of Protocol No. 4. ECHR

To learn more:  Find  http://hudoc.echr.coe.int/eng?i=001-177406

Council of Europe - European Court of Human Rights