The European Committee of Social Rights (ECSR) published its decision on the merits concerning Collective Complaint No. 233/2023, International Federation for Human Rights (FIDH) and International Movement ATD Fourth World v. Belgium.
The Committee concluded that there is a violation of Article 30 of the Charter with respect to municipal regulations prohibiting or restricting begging, which undermine the right to protection against poverty and social exclusion. It further held that there is a violation of Article 30 regarding the lack of an effective remedy for individuals affected by these regulations. By 10 votes to 4, the Committee also found a violation of Article E taken in conjunction with Article 30 of the Charter, due to indirect discrimination based on ethnic origin and socio-economic status, particularly affecting Roma communities and other disadvantaged groups.
The complaint was lodged by FIDH and International Movement ATD Fourth World, who alleged that these municipal regulations disproportionately target people living in poverty, as well as minorities, aggravate exclusion, and hinder access to social and legal protection. The ECSR noted that such restrictions exacerbate vulnerability and stigmatise those affected, while the complexity of local regulations makes it nearly impossible for people in poverty to challenge their application or seek justice.
The Committee found that the municipal regulations and the absence of coordinated national measures perpetuate discrimination and social exclusion.
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