European Committee of Social Rights finds violation of European Social Charter
The European Committee of Social Rights has found that the European Social Charter was breached by Belgium on the basis of its treatment of Travellers. The complaint was brought by the International Federation of Human Rights (FIDH) through the complaints mechanism under the Charter. The European Committee of Social Rights assesses whether States party to the Charter are in conformity with its provisions.
FIDH had made a complaint that there was a violation of rights relating to housing for Travellers. The complaint concerned the insufficiency of stopping places, problems stemming from non recognition of caravans as homes, failure to respect required conditions when carrying out evictions, and the lack of a global and coordinated policy to combat poverty and social exclusion of travellers.
The Committee found that there was a violation of Article 16 (right of the family to social, legal and economic protection), Article E (non discrimination clause) and Article 30 (right to protection against poverty and social exclusion).
This decision is of some relevance to Ireland as similar issues are arising here and Ireland has also ratified the protocol allowing complaints to be made.Following the eviction of Travellers from the Dale Farm caravan site in Essex in England last October, a number of Irish travellers moved onto the road near the site. Basildon Borough Council, the council responsible for the original eviction, has now issued new eviction notices. The Travellers have announced that they will challenge the enforcement notices in court before the 29 August deadline for appeals expires. Tony Balls, the Conservative leader of the council, stated that “it is...apparent to us that many of those who are there illegally are new to the area and have nothing to do with the original illegal settlement”. Some of the Travellers involved say that the timing of the decision aims to ensure that their children will not be able to attend the local primary school or get school places elsewhere. One of the Travellers served with an eviction notice said that “the council and the government still will not listen. We have nowhere else to go. We want a safe place to live where our kids can go to school. Is that too much to ask?”.
Click here to read an article on the Irish Times.