DCI vs The Netherlands Flashcards
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Wat is de functie van European Committee of social rights?
Decides if state parties are holding themselves to the European Social Charter. Not for individuals but
for organizations etc.
Wat was de complaint van DCI?
DCI (defence for children international) complained that children that were not lawfully present in
the Netherlands are excluded by law and practice from the right to housing (which is in the European
Social Charter).
Wat besliste het committee bij de DCI case?
- Article 31 section 1 on the right on housing (public provision) was not violated
- Article E about discrimination is not violated
- Article 31 section 2, the state shall prevent and reduce homelessness and support adequate
housing, was violated - Article 17 section 1c, children have a right to social, legal and economic protection, was violated
Is dit social dignity volgens Arendt?
Nee, Basic human rights should be the right to have rights, to live in a framework where one is
judged by actions and opinions and live in an organized community