Jurisdiction : Council of Europe – European Court of Human Rights
Language: French
Country: France
Subject: A mother sleeping on the street with her three children, asylum seekers, appealed to the administrative court of Toulouse. On 27th June2018, the court ordered the prefecture to provide her and her children with shelter, without delay and under penalty of 200 euros per day in case of delay.
As the State was not responding, she appealed a second time to the administrative court, on 5th July 2018, to obtain the execution of the first order. On the same day, the court granted the requests.
She appealed to the administrative court for a third time. In a ruling dated 18th July 2018, the court ordered the prefecture to designate a place to stay for her and her three children within 24 hours and under penalty of 500 euros per day in case of delay. The prefecture still failed to comply.
She then decided to turn to the European Court of Human Rights and sought, under the provisional measures of Article 39 of its rules, the condemnation of the French State to execute the orders of the administrative court of Toulouse. She based her application on Articles 3 (inhuman and degrading treatment), 6 (right to a fair trial) and 8 (protection of private and family life and the home) of the European Convention for the Protection of Human Rights.
On 24 July 2018, the European Court of Human Rights "decided to ask the French Government, in accordance with Rule 39 of the Rules, in the interest of the parties and the smooth running of the procedure before it, to ensure the care of the applicant and her three daughters including granting them emergency accommodation".
She was taken care of the same day by the state.
Legal basis: Article 39 (Interim measures)
To learn more: https://hudoc.echr.coe.int/eng#{%22fulltext%22:[%22no.%2034349/18%22],%22itemid%22:[%22001-187849%22]}
