The decision on the merits of
the complaint COHRE v. Croatia is public
<08/12/2010> The complaint was registered on 25 August 2008 and declared
admissible by the European Committee of Social Rights on 30 March 2009.
COHRE requested the Committee to find Croatia in violation of Article 16
of the Charter alone or as interpreted in light of the non-discrimination clause
of the Preamble to the Charter, on the basis that the lack of an effective
remedy for the loss of special occupancy rights by ethnic Serbs and other
minorities constitutes a continuing violation of housing rights and therefore of
the right of families to enjoy social, legal and economic protection.
In its decision on the merits the
European Committee of Social Rights held that persons not wishing to return to
Croatia as well as the question of restitution of or compensation for the loss
of dwellings or occupancy rights did not fall within the scope of Article 16 of
The Committee unanimously concluded that there is a violation of Article 16 read
in light of the non discrimination clause of the Preamble on the grounds of
failure to implement the housing programme within a reasonable timeframe, and of
failure to take into account the heightened vulnerabilities of many displaced
families, and of ethnic Serb families in particular.