Access to emergency social assistance for homeless people and irregular migrants in the Netherlands is not in line with the country’s commitments under theEuropean Social Charter, according to two decisions published today by the European Committee of Social Rights (ECSR).

In relation to a complaint from the European Federation of National Organisations working with the Homeless (FEANTSA), the ECSR concluded that legislation and practice in the Netherlands does not ensure sufficient access to shelter for those in need or guarantee sufficient quantity and quality of shelter to vulnerable groups, including children.

The committee also found that arrangements on access to emergency shelter are in breach of the authorities’ obligation under the charter to prevent poverty and social exclusion. Furthermore, emergency shelter is not provided to everyone with a valid claim to it, including migrants in an irregular situation, and migrant workers and their families have insufficient access to accommodation.

Regarding a separate complaint, lodged by the Conference of European Churches, the ECSR concluded that a large majority of irregular adult migrants in the Netherlands are not offered emergency social assistance including food, water and clothing. Adult migrants in an irregular situation are also denied access to emergency shelter whilst in the country’s jurisdiction.

In line with usual procedure, the two decisions have now been transmitted to the Council of Europe’s Committee of Ministers which is expected to adopt a resolution on the follow-up to be given to the decisions in early 2015.

 

Notes

·         The ECSR, part of the 47-nation Council of Europe, monitors the implementation of the European Social Charter, a legally-binding counterpart to the European Convention on Human Rights which guarantees economic and social rights

 

·         15 Council of Europe member states, including the Netherlands, have agreed to be bound by the “collective complaints” system which allows certain organisations, including trade unions and NGOs, to lodge complaints alleging violations of the charter

 

·         Countries which have ratified the European Social Charter have an international legal obligation to address any violations identified by the ECSR