In July 2012, FEANTSA lodged a collective complaint against The Netherlands alleging that The Netherlands' legislation, policy and practice regarding sheltering the homeless is not compatible with Articles 13 (right to social and medical assistance), 16 (right of the family to social, legal and economic protection), 17 (right of children and young persons to social, legal and economic protection), 19 (right of migrant workers and their families to protection and assistance), 30 (right to protection against poverty and social exclusion), 31 (right to housing), taken alone or in conjunction with Article E of the European Social Charter.
The Netherlands legislation, policy and practice regarding sheltering the homeless is not compatible with the relevant provisions of the Revised Charter. In the years following the implementation of the new legislation in The Netherlands various issues came to light:
(1) Access to (emergency) shelter is made conditional to a local connection criterion or other criteria, impacting on the rights of homeless persons and (un)lawfully residing migrant(s) (workers);
(2) The availability and quality of (emergency) shelters is inadequate, negatively impacting women, children, and young persons (i.e. vulnerable persons);
(3) Due to a lack of coordination between the 43 responsible municipalities, there is a hindrance to the progression in the housing situation of the homeless.
English
Jurisdiction:
Council of Europe - Committee of Social Rights - European Social Charter
Article 13 - Right to social and medical assistance
Article 16 - The right of the family to social, legal and economic protection
Article 17 - Right of children and young persons to social, legal and economic protection
Article 19 - Right of migrant workers and their families to protection and assistance
Article 30 - Right to protection against poverty and social exclusion
Article 31 - Right to housing
Article E - Non-discrimination
Subject:
Discrimination
Right to housing
Rights of residents
Youth homelessness
Country:
