Access to housing for undocumented migrants
Access to housing for undocumented migrants

Decision of the European Committee of Social Rights in Defence for Children International v. the Netherlands

Author(s): Gioia Scappucci
Subject(s): Human Rights and Humanitarian Law, Migration Studies
Published by: CEPS Centre for European Policy Studies
Keywords: Access to housing; European Committee of Social Rights; Children International v. the Netherlands;
Summary/Abstract: On 4 February 2008, Defence for Children International (DCI) lodged a complaint (No.47/2008) against the Netherlands before the European Committee of Social Rights (hereinafter ‘the Committee’), claiming that housing is a prerequisite for the preservation of human dignity. DCI asked the Committee to consider legislation or practice that denies entitlement to housing to foreign nationals, even if they are on the territory unlawfully, contrary to the European Social Charter (Art. 31 – right to housing). It further alleged that a finding of violation of the right to housing gave rise to violations of other fundamental rights guaranteed by the European Social Charter (hereinafter ‘the Charter’).

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