European Social Charter

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 Charter.

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.

Summary of Complaint no. 52/2008
Decision on the merits
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