Social Rights

The decision of the European Committee of Social Rights (ECSR) in European Federation of National Organisations working with the Homeless (FEANTSA) v. Czech Republic, Complaint No. 191/2020, became public on 24 January 2025.

In its complaint, FEANTSA alleged that the legislation, policy and practice in Czechia with regard to housing are not compatible with Article 16 of the 1961 Charter read alone or in the light of the non-discrimination clause contained in the Preamble of the 1961 Charter because of:
-    ongoing threats to security of tenure and risk of eviction for poor households living in hostels (substandard flats/rooms in private buildings where residents do not have standard rental contract) in socially excluded localities, in particular affecting the Roma minority; 
-    absence of social housing legislation and disproportionate reductions in housing supplements (housing allowance and housing benefit) despite the continuing need for such supplements; 
-    designation of some territorial areas as ineligible for certain forms of housing benefit by municipalities; 
-    intensification of social and racial discrimination, including racial segregation as well as social control measures that have a negative impact on the effective exercise of housing rights, in particular the requirements of RPR to which certain categories of persons do not have access.

The European Committee of Social Rights adopted its decision on the merits on 2 July 2024.

In its decision on the merits, the Committee concluded:

- unanimously that there is a violation of Article 16 of the 1961 Charter on the grounds that: 

-    legislation permitting evictions does not ensure the necessary safeguards for vulnerable groups (lack of obligation to propose alternative accommodation and of prior consultation of affected parties); 
-    the supply of social housing is inadequate and remedies in this respect are not effective; 
-    the access of low-income and disadvantaged groups of the population in socially excluded localities to housing benefits has not been effectively guaranteed. 

- by 13 votes to 2 that there is no violation of Article 16 of the 1961 Charter with regard to:
-    the designation, between 2017-2021, of some territorial areas as ineligible for certain forms of housing benefit; 
-    the allegation that Registered Permanent Residence requirements disadvantage vulnerable hostel residents in socially excluded localities.

- unanimously that there is a violation of Article 16 of the 1961 Charter read in the light of the non-discrimination clause laid down in the Preamble on the grounds that: 

-    failure of the state authorities to provide the necessary safeguards for vulnerable groups in case of evictions has a disproportionate impact upon Roma families; 
-    it has not been demonstrated that sufficient measures have been taken to improve access for Roma to social housing without discrimination in practice;
-    the obstacles faced by hostel inhabitants in accessing housing benefits, disproportionately affect Roma. 

- by 14 votes to 1 that there is no violation of Article 16 of the 1961 Charter read in the light of the non-discrimination clause in the Preamble with regard to:

-    the designation, between 2017-2021, of some territorial areas as ineligible for certain forms of housing benefit; 
-    the allegation that Registered Permanent Residence requirements disadvantage vulnerable hostel residents, including Roma families, in socially excluded localities.

 Press release