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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Improving neighborhoods by preventing welfare recipients to take up residence: The Grand Chamber hearing in Garib v. the Netherlands

By Valeska David

On 25 January 2017, the Grand Chamber of the European Court of Human Rights (ECtHR) heard oral pleadings in Garib v. the Netherlands. The case concerns the refusal of a housing permit to a single mother living on social welfare on account of legislation imposing minimum income requirements on persons wishing to reside in a number of inner-city areas of Rotterdam. The Chamber judgment issued on 23 February 2016, which was discussed in a previous blogpost, held that there was no violation of Article 2 of Protocol No. 4 (right to choose one’s residence). As the case was referred to the Grand Chamber, the Human Rights Centre of Ghent University and the Equality Law Clinic of the Université Libre de Bruxelles submitted a joint third party intervention. In this post, I shall briefly recount the issues addressed in our intervention to subsequently provide an overview of the questions discussed during the hearing before the Grand Chamber.

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