In a new decision on the merits of the collective complaint European Federation of National Organisations working with the Homeless (FEANTSA) v. the Czech Republic (Complaint No. 191/2020), the European Committee of Social Rights (ECSR) has unanimously concluded that there is a violation of Article 16 of the 1961 European Social Charter (right of the family to social, legal and economic protection) related to access to housing of vulnerable groups, in particular the Roma.
The ECSR found this violation of the 1961 Charter on the grounds that legislation permitting evictions in Czechia does not ensure the necessary safeguards for vulnerable groups (lack of obligation to propose alternative accommodation and of prior consultation of affected parties); that the supply of social housing is inadequate and remedies in this respect are not effective; and that the authorities have not effectively guaranteed access of low-income and disadvantaged groups of the population in socially excluded localities to housing benefits.
The ECSR also held, unanimously, that there is also a violation of Article 16, read in the light of the non-discrimination clause laid down in the Preamble of the 1961 Charter, on the grounds that the state authorities failed to provide the necessary safeguards for vulnerable groups in case of evictions, which has a disproportionate impact upon Roma families. Furthermore, the ECSR considered that the authorities have not demonstrated that sufficient measures have been taken to improve access for Roma to social housing without discrimination in practice, and that the obstacles faced by hostel inhabitants in accessing housing benefits disproportionately affect Roma.
Insufficient protection of access to housing for vulnerable groups in Czechia breaches the European Social Charter
