FEANTSA v Czech Republic. Collective Complaint No. 191/ 2020. [2.07.2024]

The Complaint 

FEANTSA's collective complaint against the Czech Republic in 2020 highlighted a failure to respect the right of families to social, legal and economic protection (Article 16 of the Charter), which includes the right to housing and more specifically:

  • ongoing threats to the security of tenure and risk of eviction for poor households, in particular from the Roma minority;
  • the inadequate supply of social housing, the ineffectiveness of judicial remedies in this regard and disproportionate reductions in housing supplements;
  • intensification of social and racial discrimination, including territorial segregation of Roma;

A 2024 report on housing exclusion by the Housing Initiative, Iniciativa Za bydlení, highlights the severity of the housing crisis in Czechia, revealing that some 161,000 people, including 62,000 children, are directly affected by housing shortages. It also finds that 1.6 million inhabitants of the Czech Republic face serious housing problems.

The report highlights how the housing shortage, combined with inadequate preventive measures and a lack of legal safeguards, creates opportunities for exploitation by so-called 'poverty traders'.

An ERGO network survey showed that Roma living in segregated localities and hostels often face eviction without adequate notice or provision of alternative housing. Alarmingly, 54% of respondents reported being forced to leave their homes without any form of compensation. [2]

In this critical situation, the government has failed to adopt any law concerning housing for groups in vulnerable situations, there is no effective legal protection of the right to adequate housing in the Czech Republic.

The Decision on the merits 

In its decision, the European Committee of Social Rights concluded that the Czech Republic had indeed committed a violation of Article 16 due to:

  • Legislation on evictions that fails to provide necessary safeguards for vulnerable groups, including the absence of a requirement to offer alternative accommodation or consult with those affected.
  • A severely inadequate supply of social housing and the lack of effective measures to address housing shortages.
  • Existing barriers to accessing housing benefits for low-income and disadvantaged groups in socially excluded areas.

The Impact on Roma Communities

 

The Committee found that these failures disproportionately affect Roma families: 

  • Evictions: Roma families face a higher risk of eviction due to inadequate legal safeguards and the absence of alternative housing options.
  • Social Housing Access: Insufficient measures to ensure Roma access to social housing exacerbates their exclusion.
  • Barriers to Housing Benefits: Discriminatory practices, such as restrictions on housing benefits for those living in hostels, disproportionately affect Roma families.

Decision on the merits of the Complaint No. 191/2020

Joint Press Release: Czech Republic's Housing Policy Violates European Social Charter

English
Jurisdiction: 
Council of Europe - Committee of Social Rights - European Social Charter
Article 16 - The right of the family to social, legal and economic protection
Article E - Non-discrimination
Subject: 
Discrimination
Right to housing
Country: 

Funders

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