Collective complaints related to migration
 
Migration Co-ordinator

Collective complaints related to migration

No. 90/2013: Conference of European Churches (CEC) v. the Netherlands

The complaint was registered on 17 January 2013. The complainant organisation, the Conference of European Churches, alleges that the Dutch government has failed to fulfil its obligations under the European Social Charter to respect the rights of undocumented adults to food, clothing and shelter. The complainant organisation alleges that law and practice in the Netherlands is not in conformity with Article 13 § 4 (the right to social and medical assistance – specific emergency assistance for non-residents) and Article 31 § 2 (the right to housing – reduction of homelessness).

Case document no. 1, registered on 17 January 2013

Case document no. 2, observations from the Government on the admissibility

Case document no. 3, request for immediate measures

No. 89/2013: Federation of Catholic Family Associations in Europe (FAFCE) v. Ireland

The complaint was registered on 3 January 2013. The complainant organisation, the FAFCE, alleges that Ireland has failed to protect child victims of human trafficking. The FAFCE submits that these weaknesses of the Irish authorities are in breach of Article 17 (the right of mothers and children to social and economic protection) of the European Social Charter.

Case document no. 1, registered on 17 January 2013

Case document no. 2, observations from the Government on the admissibility

Case document no. 3, response from FAFCE to the observations of the Government on the admissibility

No. 86/2012: European Federation of National Organisations working with the Homeless (FEANTSA) v. the Netherlands

The complaint was registered on 4 July 2012. The complainant organisation alleges that The Netherlands' legislation, policy and practice regarding sheltering the homeless is not in compatible with 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.

Case document no. 1, complaint registered at the Secretariat on 4 July 2012

Case document no. 2, submissions of the Government on the admissibility and the merits

Case document no. 3, response from FEANTSA to the Government's submissions on the admissibility and the merits

No. 69/2011: Defence for Children International (DCI) v. Belgium

The complaint was registered on 21 June 2011. The complainant organisation alleges that foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, are currently excluded from social assistance in breach of Articles 7§10 (Special protection against physical and moral dangers), 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).

Case document no. 1, complaint registered at the Secretariat on 21 June 2011

Case document no. 2, observations by the government on the admissibility (in French only)

The European Committee of Social Rights declared the complaint admissible on 7 December 2011

No. 58/2009: Centre on Housing Rights and Evictions (COHRE) v. Italy

The complaint was registered on 29 May 2009. The complainant organisation pleads a violation of Articles 16 (the right of the family 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) and 31 (right to housing), read alone or in conjunction with Article E (non discrimination) of the Revised Charter. The complainant organisation alleges that the recent so-called emergency security measures and racist and xenophobic discourse have resulted in unlawful campaigns and evictions leading to homelessness and expulsions, disproportionately targeting Roma and Sinti.

Case document no. 1, complaint registered at the Secretariat on 29 May 2009

Case document no. 2, observations of the government on admissibility (in French only)

Case document no. 3, written submissions of the government on the merits

Case document no. 4, response from COHRE to the written submissions of the government on the merits

The European Committee of Social Rights declared the complaint admissible on 8 December 2009

The European Committee of Social Rights concluded that there was a violation of Articles 16, 19, 30 and 31 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 6 July 2010

The Committee of Ministers adopted Resolution CM/ResChS(2010)8 on 21 October 2010
No. 52/2008: Centre on Housing Rights and Evictions (COHRE) v. Croatia

The complaint was registered on 25 August 2008. The complainant organisation pleads a violation of Article 16 of the Charter (the right of the family to social, legal and economic protection), read alone or in conjunction with Article E (non discrimination) of the Charter, on the grounds that the ethnic Serb population displaced during the war in Croatia has been subjected to discriminatory treatment as the families have not been allowed to reoccupy their former dwellings prior to the conflict, nor have they been granted financial compensation for the loss of their homes.

Case document no. 1, complaint registered at the Secretariat on 25 August 2008

Case document no. 2, observations of the Government on admissibility

Case document no. 3, Response to observations of the Government of Croatia on admissibility

Case document no. 4, written submissions by the Government on the merits

Case document no. 5, response by COHRE to the Government's submissions on the merits

The European Committee of Social Rights declared the complaint admissible on 30 March 2009

The European Committee of Social Rights concluded that there was a violation of Article 16 read in the light f the non-discrimination clause of the Preamble to the Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 7 July 2010

The Committee of Ministers adopted Resolution CM/ResChS(2011)6 on 5 May 2011
No. 51/2008: European Roma Rights Centre (ERRC) v. France

The complaint was registered on 17 April 2008. The complainant organisation pleads a violation of Articles 16 (right of the family 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) and 31 (right to housing), read alone or in conjunction with Article E (non-discrimination), on the grounds that Travellers in France are victims of injustice with regard to access to housing, inter alia social exclusion, forced eviction as well as residential segregation, substandard housing conditions and lack of security. Furthermore, France has failed to take measures to address the deplorable living conditions of Romani migrants from other Council of Europe member states.

Case document no. 1, complaint registered at the Secretariat on 17 April 2008.

Case document no. 2, written submissions from the government on the merits

Case document no. 3, response from ERRC to the government's submissions on the merits

Case document no. 4, further response by the government on the merits

The European Committee of Social Rights declared the complaint admissible on 23 September 2008

The European Committee of Social Rights concluded that there was a violation of Articles 31§§1 and 2, Article E taken in conjunction with Article 31, Article 16 and Article E in conjunction with Article 16, Article 30 and Article E taken in conjunction with Article 30 and Article 19§4c of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 26 October 2009

The Committee of Ministers adopted Resolution CM/ResChS(2010)5 on 30 June 2010
No. 50/2008: Confédération française démocratique du travail (CFDT) v. France

The complaint was registered on 1 April 2008. It is alleged that the rules governing the integration of civilians working for the French forces based in Germany into the French administration, following the dissolution of these forces are not in conformity with the rights laid down in Articles 4 (right to a fair remuneration), 12 (right to social security), 18 (right to engage in a gainful occupation in the territory of other Parties) and 19 (right of migrant workers and their families to protection and assistance) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).

Case document no. 1, complaint registered at the Secretariat on 1 April 2008

Case document no. 2, observations from the government on admissibility

Case document no. 3, written submissions from the government on the merits

Case document no. 4, response from the CFDT to the government's submissions on the merits

The European Committee of Social Rights declared the complaint admissible on 23 September 2008

The European Committee of Social Rights concluded that there was no violation of Articles 4, 12, 18 and 19 in conjunction with Article E and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 29 September 2009

The Committee of Ministers adopted Resolution CM/ResChS(2009)8 on 9 December 2009
No. 47/2008: Defence for Children International v. the Netherlands

The complaint was registered on 4 February 2008. It is alleged that Dutch legislation deprives children residing illegally in The Netherlands of the right to housing (Article 31) and consequently of a series of additional rights laid down in Articles 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).

Case document no. 1, complaint registered at the Secretariat on 4 February 2008

Case document no. 2, observations of the government on the admissibility

Case document no. 3, response by the DCI to the Observations of the Government on admissibility

Case document no. 4, observations of the government on the merits

Case document no. 5, response from DCI to the Government's submissions on the merits

The European Committee of Social Rights declared the complaint admissible on 23 September 2008

The European Committee of Social Rights concluded that there was a violation of Articles 31§2 and 17§1.c of the European Social Charter (revised), and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 27 October 2009

The Committee of Ministers adopted adopted Resolution CM/ResChS(2010)6 on 7 July 2010
No. 42/2007: International Federation of Human Rights (FIDH) v. Ireland

The complaint registered on 26 February 2007 relates to Article 23 (the right of elderly persons to social protection) read in conjunction with Article E (non-discrimination) and to Article 12§4 (the right to social security) of the Revised European Social Charter. It is alleged that the situation constitutes a discrimination against persons in receipt of Irish Contributory Old Age Pensions who do not reside permanently in Ireland in that they do not have access to the Free Travel scheme when they return to Ireland.

Case document no. 1, complaint registered at the Secretariat on 26 February 2007

Case document no. 2, observations by the government on the admissibility

Case document no. 3, response to the Government’s observations on the admissibility

Case document no. 4, submissions from the Government on the merits

Case document no. 5, response of the FIDH to the Government’s submissions the on the merits

Case document no. 6, further written response from the Government on the merits

The European Committee of Social Rights declared the complaint admissible on 16 October 2007

The European Committee of Social Rights concluded that there was no violation of Articles 23 and 12§4 in conjunction with Article Eand transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 4 July 2008

The Committee of Ministers adopted Resolution CM/ResChS(2008)9 on 21 January 2009
No. 14/2003: International Federation of Human Rights Leagues (FIDH) v. France

The complaint, lodged on 3 March 2003, relates to Articles 13 (the right to social and medical assistance), 17 (the right of children and young persons to social, legal and economic protection) as well as Article E of the Revised European Social Charter (prohibition of all forms of discrimination in the application of the rights guaranteed by the treaty). It is alleged that recent reforms of the «Aide médicale de l’Etat» (State medical assistance) and to the «Couverture maladie universelle» (Universal sickness cover) deprive a large number of adults and children with insufficient resources of the right to medical assistance.

The European Committee of Social Rights declared the complaint admissible on 16 May 2003

The European Committee of Social Rights concluded that there was a violation of Article 17 and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 3 November 2004

The Committee of Ministers adopted Resolution ResChS(2005)6 on 4 May 2005