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Conclusions 2023 of the European Committee of Social Rights on Children, Family and Migrants

  • Mar 29, 2024
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On 20 March 2024, the Council of Europe's European Committee of Social Rights produced a crucial legal assessment on social rights. The Committee's findings highlight some progress, but significant gaps and shortcomings remain in states' efforts to guarantee social rights. 
 
The conclusions adopted by the Committee concern the accepted provisions of different articles of the Revised European Social Charter belonging to the thematic group " Children families and migrants" which includes article 31 on the right to adequate housing. 
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O.R. v. Greece, application no. 24650/19 [23.01.2024]

  • Feb 2, 2024
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Date: 23 January 2024
 
Jurisdiction: European Court of Human Rights
 
Legal basis: Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights
 
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S.Y. v. The Minister for Children and Ors. [21/04/2023]

  • May 4, 2023
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Date: 21/04/2023

Country: Ireland

Jurisdiction: National, Irish High Court

Subject:

The Irish High Court last week held that the State failed to provide material reception conditions such as shelter, food and hygiene facilities. The boy was under 18 years old when he came to Ireland but he had no documentation and was refused accommodation.

Background

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A.D. v. Greece (Complaint No. 55363/19) [4.04. 2023]

  • Apr 12, 2023
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Date of the decision:  4 April 2023 
 
Country: Greece 
 
Jurisdiction: European Court of Human Rights (Third Section)
 
Legal basis: violation of Articles 3 and 8 of the European Convention on Human Rights 
 
Subject: 
 
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Al Shujaa and Others v. Belgium (Application no. 52208/22 and 142 others) [16 December 2022] 

  • Jan 21, 2023
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Date of the decision: 16 December 2022 
 
Country: Belgium 
 
Jurisdiction: Council of Europe – European Court of Human Rights (Decision on interim-measure from asylum-seekers in Belgium)
 
Legal basis: Rule 39 § 2 of the Rules of Court 
 
Subject: 
 
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Msallem v. Belgium (application no. 48987/22 and 147 others). [15 November 2022]

  • Nov 15, 2022
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Date of the decision: 15 November 2022

Country: Belgium

Article: Rule 39 of the rules of the Court. Interim Measures. 

Jurisdiction: European Court of Human Rights

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Ministero del’Interno v. TO (Case C‑422/21) [1 August 2022] 

  • Sep 21, 2022
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Date of the decision: 1 August 2022 
 
Country: Italy 
 
Jurisdiction: European Court of Justice (Preliminary rulling)
 
Legal basis: interpretation of Article 20(4) and (5) of Directive 2013/33/EU 
 
Subject: 
 
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Fifth Overview of Housing Exclusion in Europe 2020.

  • Aug 14, 2020
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FEANTSA and the Fondation Abbé Pierre recently launched the Fifth Overview of Housing Exclusion in Europe 2020. 

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Migrants’ right to housing: Belgian and international law

  • Mar 8, 2017
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Nicolas Bernard, professor at the Université Saint-Louis in Brussels

 

Migration, which has been a burning issue over recent months, is disrupting our traditional housing policies. But what does the law have to say on the matter? This paper will first examine Belgian law followed by international law.

 

BELGIAN LAW

 

I. The asylum seeker

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