Strategic Litigation

FEANTSA successfully filed a collective complaint before the Council of European Committee of Social Rights against France which sought to hold the French state responsible for the country’s on-going housing crises.

FEANTSA used the social rights platform of the Council of Europe in order to bring, for the first time, a case against a member State for failing to recognise and protect the right to housing. The Committee of Ministers’ resolutions in the cases brought international attention and support to national housing crises and provided a foundation for local efforts across Europe to stand up for the right to housing.

COLLECTIVE COMPLAINT: FEANTSA VS FRANCE

FEANTSA lodged its collective complaint against France for non compliance with Article 31 of the revised European Social Charter.

In the complaint, FEANTSA argued that although the quality and housing situation of the majority of the population had improved in the last years, and although a number of ambitious laws and policies have progressed in this field, the reality shows that France has failed in effectively implementing the right to housing for all, in particular for those most vulnerable.

The European Committee of Social Rights of the Council of Europe declared the complaint admissible.

A hearing tookplace in Strasbourg in September 2007 and a press release was published.

The European Committee of Social rights has prepared a Report to the Committee of Ministers, which became public within four months of it being forwarded, that is to say on 5 June 2008 (read the press release).

On the basis of the report, the Committee of Ministers adopted a resolution.

FEANTSA and its members believe that the conclusions of the European Committee of Social Rights will be a driver for change not only in France, but throughout Europe.

ADDITIONAL INFORMATION AND DOCUMENTS

Documents relating to Collective complaint 39/2006:

Report of the European Committee of Social Rights to the Committee of Ministers - 5 June 2008
Committee of Ministers' Resolution - 2 July 2008
FEANTSA's complaint, response by the French Government and additional elements by FEANTSA are available on the Council of Europe web page devoted to collective complaints

Press releases:

FEANTSA press release - 5 June 2008
FEANTSA Brief: Relevant elements of the ECSR's conclusions - 5 June 2008
FEANTSA press release- September 2007
FEANTSA news- May 2007
Press release, FEANTSA French members- January 2007

Additional information:

ATD Fouth World lodged a collective complaint against France, which concerns different articles of the Charter, including Article 31. The ECSR decision on ATD’s collective complaint (33/2006) became public on 5 June 2008 as well. More information available on ATD Fourth World web site.
Media coverage relating to the ECSR decision.

Country:

France