Date of the ruling (Decision on the merits) : June 30th 2011
Jurisdiction : European Committee of Social Rights
Legal basis : Article E (non-discrimination), Article 31§1 (right to housing - promote to housing of an adequate standard), Article 16 (right of the family to social, legal and economic protection) and Article 30 (right to protection against poverty and social exclusion) of the Revised European Social Charter.
Date of the ruling : December 21st 2015
Jurisdiction : European Committee of Social Rights
Legal basis : Article 31 (right to housing) and Article E (non-discrimination) of the Revised European Social Charter.
Date of the ruling : March 8th 2011
Jurisdiction : Court of Justice of the European Union
Legal basis : Article 34 of the European Charter on Fundamental Rights on Social Security and Social Assistance | Article 24 on the Rights of the Child | Article 21 on Non-Discrimination
Presentation by Tristia Bauman (tbauman@nlchp.org), Senior Attorney, National Law Center on Homelessness and Poverty, Washington, D.C.
Marc Uhry
Head of Mission Europe, Fondation Abbé Pierre
On November 10, 2014 the Decisions on the Merits were published for two Collective Complaints against The Netherlands. The first complaint was submitted by FEANTSA and deals with access criteria and availability of shelter for homeless people in the Netherlands. The second complaint was submitted by the Conference of European Churches and deals with access to shelter and basic amenities (water, food, clothing) for undocumented migrants.
In July 2012 FEANTSA asked the European Committee of Social Rights to find that The Netherlands legislation, policy and practice regarding sheltering the homeless is not compatible with the relevant provisions of the Revised Social Charter (Collective Complaint no. 86/2012).
On 15 April 2015 the Committee of Ministers adopted his resolution on FEANTSA's Collective Complaint against the Netherlands recognising the decision of the ECSR. The Committee of Ministers looks forward to the Netherlands reporting on any possible developments in the issue.
REPORT BY NILS MUIŽNIEKS
COMMISSIONER FOR HUMAN RIGHTS OF THE COUNCIL OF EUROPE
FOLLOWING HIS VISIT TO HUNGARY FROM 1 TO 4 JULY 2014
The Dano case will be an issue of discussion among scholars and lawyers, as it poses a contradiction with the European Committee for Social Rights. The European Court of Justice denied the access to social benefits, including the contribution to accommodation and heating costs.
Read the case 333/13
Decided on 16 December 2014
Relevant Articles: Article 3 of the European Convention on Human Rights (against torture, and "inhuman or degrading treatment or punishment") and Article 8 of the Convention (right to respect for their family life and/or their home)
