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The decision on the merits of the complaint ERRC v. Ireland is now public

Strasbourg 16/05/2016
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The decision on the merits of the complaint ERRC v. Ireland is now public

The decision of the European Committee of Social Rights on the merits of the complaint European Roma Rights Centre (ERRC) v. Ireland became public on 16 May 2016. In its decision the Committee concluded:

- unanimously that there is a violation of Article 16 (right of the family to social, legal and economic protection) of the Charter:

  • on the grounds of insufficient provision of accommodation for Travellers;
  • on the grounds many Traveller sites are in an inadequate condition;
  • on the grounds that the Criminal Justice (Public Order) Act 1994 provides for inadequate safeguards for Travellers threatened with eviction;
  • on the grounds that the Housing (Miscellaneous Provisions) Act 1992 provides for inadequate safeguards for Travellers threatened with eviction;
  • on the grounds that evictions are carried out in practice without the necessary safeguards;

- unanimously that there is no violation of Article 16 of the Charter regarding the legislative framework on Traveller accommodation;

- by 6 votes to 5 that there is no violation of Article E (non-discrimination clause) in conjunction with Article 16 of the Charter regarding the insufficient provision of accommodation;

- unanimously that  there is no violation of Article E read in conjunction with Article 16 of the Charter regarding the Criminal Justice (Public Order) Act 1994;

- unanimously that there is no violation of Article 16 of the Charter or of Article E in conjunction with Article 16:

  • regarding the Roads Act 1993;
  • regarding the Planning and Development Act 2000;
  • regarding the Local Government (Sanitary Services) Act 1948;
  • regarding the Public Health Act 1978;

- unanimously that there is no violation of Article 17 (right of children and young persons to social, legal and economic protection) or of Article E in conjunction with Article 17 of the Charter;

- by 10 votes to 1 that there is no violation of Article 30 (right to protection against poverty and social exclusion) or of Article E in conjunction with Article 30 of the Charter;

- Invites the Committee of Ministers to recommend that Ireland pay the complainant organisation the sum of €2,000 as compensation for expenses incurred.


THE CHARTER AT A GLANCE THE CHARTER AT A GLANCE

The European Social Charter is a Council of Europe treaty that guarantees fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare.

The Charter lays specific emphasis on the protection of vulnerable persons such as elderly people, children, people with disabilities and migrants. It requires that enjoyment of the abovementioned rights be guaranteed without discrimination.

No other legal instrument at pan-European level can provide such an extensive and complete protection of social rights as that provided by the Charter, which also serves as a point of reference in European Union law; most of the social rights in the EU Charter of Fundamental Rights are based on the relevant articles of the Charter.

The Charter is therefore seen as the Social Constitution of Europe and represents an essential component of the continent’s human rights architecture.

The 7th edition of the Collected texts provides an updated account of all of the relevant instruments of the Charter, and the functioning of the various bodies which participate in the monitoring procedures.

More information about the European Social Charter

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