Processed complaints
The complaint was registered on 4 February 2008. It is alleged that Dutch legislation deprives children residing illegally in The Netherlands of the right to housing (Article 31) and consequently of a series of additional rights laid down in Articles 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).
- Case document no. 1, Complaint registered at the Secretariat on 4 February 2008
- Case document no. 2, Observations of the Government on the admissibility
- Case document no. 3, Response by the DCI to the Observations of the Government on admissibility
- Case document no. 4, Observations of the Government on the merits
- Case document no. 5, Response from DCI to the Government's submissions on the merits
The European Committee of Social Rights declared the complaint admissible on 23 September 2008.
The European Committee of Social Rights concluded that there was a violation of Articles 31§2 and 17§1.c of the European Social Charter (revised), and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 27 October 2009.
The Committee of Ministers adopted adopted Resolution CM/ResChS(2010)6 on 7 July 2010.
Decision on admissibility of the Complaint 47/2008
Decision on the merits of the Complaint 47/2008
Resolution ResChS(2010)6 of the Committee of Ministers on 7 July 2010
Findings of the European Committee of Social Rights on the follow-up of the Complaint
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
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www.coe.int/socialcharter