Date of the decision:  July 5, 2016

JurisdictionCouncil of Europe – European Court of Human Rights

Country: Netherlands

Subject: Non-admissibility – Article 3 – undocumented migrants – human dignity and core obligations under the ICESCR.

Legal basis:

The Court acknowledged the conclusions of the European Committee of Social Rights in CEC and FEANTSA v. the Netherlands but concludes that those findings do not automatically entail a violation of Article 3 (inhuman and degrading treatment) in the context of the ECHR. The non-admissibility decision was based upon the fact that the Dutch government had not remained indifferent and was engaged in a solution.

To learn more:

Council of Europe - European Court of Human Rights
Article 3 - Prohibition of torture or inhuman or degrading treatment
Cruel inhuman and degrading treatment
Human rights