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State of Housing Rights

The Right to housing is not constitutionally guaranteed. However, the Article 30 of the Charter of Fundamental Rights and Freedoms may be of relevance as it supports the right of citizens to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their provider. Everyone who suffers from material need has the right to such assistance which is necessary to ensure a basic living standard. The article 12 also guarantees the inviolability of a person’s dwelling. The Articles are adopted as part of the Constitutional Act No.
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State of Housing Rights

The Bulgarian constitution does not recognize the right to housing as a fundamental right. Bulgaria has ratified the Revised European Social Charter although it has not ratified Charter Article 31, which provides for the right to housing. However, Bulgaria has ratified the Additional Protocol providing for a Collective Complaint procedure. 


 

Collective Complaints:

 

Several collective complaints have been initiated against Bulgaria concerning the treatment of Roma. These include:

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Collective Complaint Defence for Children International (DCI) v. Belgium

 

COMPLAINT

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KALANYOS AND OTHERS v. ROMANIA (Application no. 57884/00)

The case involves criminal arson of houses belonging to Roma and authorities' failure to prevent the attack and make a proper criminal investigation.

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KESER AND OTHERS v. TURKEY (Applications nos. 33238/96 and 32965/96)

According to the applicants, in 1994, the Turkish security forces expelled the inhabitants of a village suspected of "aiding and abetting terrorists" of the PKK. According to the Turkish government, the security forces were actually terrorists disguised as policemen.

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Collective complaint FEANTSA v. the Netherlands (86/2012)

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 a

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Collective Complaint FEANTSA v. Slovenia (53/2008)

FEANTSA’s complaint against Slovenia built on the experienced gained from successfully filing a housing-based Complaint against France two years earlier (FEANTSA v. FRANCE, CC39/2006).

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Bah v. The United Kingdom (Application no. 56328/07) - 2011

Priority need of housing and minor immigrants

 

The case originated in an application (no. 56328/07) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Sierra Leonean national, Ms Husenatu Bah (“the applicant”), on 23 November 2007.

 

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Collective Complaint No. 58/2009 by the Centre on Housing Rights and Evictions (COHRE) against Italy

 
Resolutions of the Committee of Ministers
 
Decision date: 21/10/2010
 
Complaint no. 58/2009
 
Articles of the European Social Charter 
(Art. 31-1) adequate housing
(Art. 31-2) reduction of homelessness
(Art. 16) social, legal and economic protection of the family
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Collective Complaint FEANTSA v. France (39/2006)

In its Collective Complaint against France (39/2006) in November 2006, FEANTSA alleged violations by France of the Revised Social Charter’s section on the right to housing (Article 31). Article 31 contains three specific obligations: to promote access to adequate housing, to prevent, reduce and gradually eliminate homelessness and to make housing affordable for those without adequate resources. FEANTSA alleged numerous violations of these obligations.

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