Back No. 100/2013 European Roma Rights Centre (ERRC) v. Ireland

The complaint was registered on 16 April 2013. The complaint concerns Article 16 (right of the family to social, legal and economic protection), Article 17 (right of children and young persons to social, legal and economic protection) and Article 30 (right to protection against poverty and social exclusion) of the Revised European Social Charter, read alone or in conjunction with the non-discrimination clause set forth in Article E. The complaint alleges that the Government of Ireland has not ensured the satisfactory application of the above-mentioned articles, particularly with respect to housing conditions and evictions of Travellers and, as regards child Travellers, also with respect to social, legal and economic protection.

The European Committee of Social Rights declared the complaint admissible on 21 October 2013.

The European Committee of Social Rights adopted its decision on the merits on 1 December 2015.

In its decision on the merits, the Committee concluded:

  • unanimously that there is a violation of Article 16 of the Charter on the grounds of insufficient provision of accommodation for Travellers;
  • by 6 votes to 5 that there is no violation of Article E in conjunction with Article 16 of the Charter regarding the insufficient provision of accommodation;
  • unanimously that there is no violation of Article 16 of the Charter regarding the legislative framework on Traveller accommodation;
  • unanimously that there is a violation of Article 16 of the Charter on the grounds many Traveller sites are in an inadequate condition;
  • unanimously that there is a violation of Article 16 of the Charter on the grounds that the Criminal Justice (Public Order) Act 1994 (as amended) provides for inadequate safeguards for Travellers threatened with eviction;
  • unanimously that there is no violation of Article E read in conjunction with Article 16 of the Charter regarding the Criminal Justice (Public Order) Act 1994 (as amended);
  • unanimously that there is a violation of Article 16 of the Charter on the grounds that the Housing (Miscellaneous Provisions) Act 1992 (as amended) provides for inadequate safeguards for Travellers threatened with eviction;
  • unanimously that there is no violation of Article 16 of the Charter or of Article E in conjunction with Article 16 regarding the Roads Act 1993;
  • unanimously that there is no violation of Article 16 of the Charter or of Article E in conjunction with Article 16 regarding the Planning and Development Act 2000;
  • unanimously that there is no violation of Article 16 of the Charter or of Article E in conjunction with Article 16 regarding the Local Government (Sanitary Services) Act 1948;
  • unanimously that there is no violation of Article 16 of the Charter or of Article E in conjunction with Article 16 regarding the Public Health Act 1978 (as amended);
  • unanimously that there is a violation of Article 16 of the Charter on the grounds that evictions are carried out in practice without the necessary safeguards;
  • unanimously that there is no violation of Article 17 or of Article E in conjunction with Article 17 of the Charter;
  • by 10 votes to 1 that there is no violation of Article 30 or of Article E in conjunction with Article 30 of the Charter.

In addition it invited the Committee of Ministers to recommend that Ireland pay the complainant organisation the sum of €2,000 as compensation for expenses incurred.

The Committee of Ministers adopted Resolution CM/ResChS(2016)4 on 5 October 2016.

 Decision on admissibility of the Complaint 100/2013

 Decision on the merits of the Complaint 100/2013

 Resolution ResChS(2016)4 of the Committee of Ministers on 5 October 2016

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Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
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