Yeshtla v. the Netherlands: a missed opportunity to reflect on the discriminatory effects of States’ social policy choices

By Fulvia Staiano, Adjunct Professor of International Law and European Union Law (Giustino Fortunato University)

On 15 January 2019, the European Court of Human Rights (ECtHR) delivered an inadmissibility decision on the case of Emabet Yeshtla v. the Netherlands. In this case, the ECtHR was asked to determine whether the withdrawal of the applicant’s housing benefits (motivated by the fact that she cohabited with an unlawfully resident son) had breached her right to respect for private and family life under Art. 8 of the European Convention on Human Rights (ECHR), alone and in conjunction with the prohibition of discrimination under Art. 14 ECHR. This case raised interesting questions on the potential impact of social assistance and welfare policies on recipients’ family life, as well as on the discriminatory effects of domestic norms that use social benefits as a tool to discourage irregular residence. Regrettably, the ECtHR dismissed this case without a thorough consideration of such questions. Continue reading

Strasbourg fails to protect the rights of people living in or at risk of poverty: the disappointing Grand Chamber judgment in Garib v the Netherlands

By Valeska David and Sarah Ganty, PhD researchers at Ghent University and Université Libre de Bruxelles

On November 6th the Grand Chamber of the European Court of Human Rights issued its judgment in Garib v. the Netherlands (Application n° 43494/09). It thereby confirmed the Chamber’s finding that refusing a housing permit to a single mother living on social welfare on account of legislation imposing minimum income requirements to reside in a number of hotspot areas of Rotterdam, did not violate her freedom to choose her residence (Article 2 of Protocol 4 ECHR). While the applicant and our third party intervention invited the Grand Chamber to examine the case also under Article 14 (prohibition of discrimination) read in conjunction with Article 2 of Protocol 4 ECHR, the Grand Chamber declined to do so. Five judges, rightly so, annexed three highly critical dissenting opinions. As we shall show in this post, this is a deeply disappointing judgment in terms of both reasoning and outcome.

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