Processed complaints
The complaint was registered on 21 June 2011. The complainant organisation alleges that foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, are currently excluded from social assistance in breach of Articles 7§10 (Special protection against physical and moral dangers), 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 21 June 2011
- Case document no. 2, Observations by the Government on the admissibility (French only)
- Case document no. 3, Submissions of the Government on the merits
- Case document no. 4, Response from DEI to the submissions of the Government on the merits (French only)
- Case document no.5. Observations by the United Nations High Commissioner for Refugees
- Case document no. 6, Observations by PICUM (Platform for International Cooperation on Undocumented Migrants)
The European Committee of Social Rights declared the complaint admissible on 7 December 2011.
The Committee concluded that there was a violation of Article 17, of Article 7§10, and of Article 11 §§1 and 3 of the Revised Charter. It concluded that that Article 30 and Article E of the Charter does not apply in the instant case. It transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 November 2012.
The Committee of Ministers adopted Resolution CM/ResChS(2013)11 on 11 June 2013.
Decision on admissibility of the Complaint 69/2011
Decision on the merits of the Complaint 69/2011
Resolution ResChS(2013)11 of the Committee of Ministers on 11 June 2013
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
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter