European Committee of Social Rights highlights ongoing rights violations of local authority tenants and Travellers
The European Committee of Social Rights has highlighted the ongoing rights violations of local authority tenants and Travellers in its observations on Ireland’s progress toward compliance with the Revised European Social Charter.The Charter is a binding human rights treaty that Ireland ratified in 2000.
This is following two collective complaints, which found Ireland was in breach of article 16 of the Charter which states that “the family as a fundamental unit of society has the right to appropriate social, legal and economic protection to ensure its full development”, including the “provision of family housing”.
The observations were published as part of ongoing monitoring of collective complaints against seven European states, including Belgium, Bulgaria, Greece, Italy, France and Portugal.
On the complaint regarding failures concerning Traveller accommodation, the Committee noted that while progress has been made, there is still a substantial shortfall in the provision of housing. While the Committee recognised the positive development of the publication of the independent Traveller Accommodation Expert Group’s report, it stated that the recommendations have not yet been fully implemented.
The Committee referred to findings of the Irish Human Rights and Equality Commission on sites of poor condition, lacking maintenance and badly located. It also mentioned the failure to provide adequate information or notice periods, and to consult with those affected. FLAC was cited as stating that most eviction notices only give Travellers 24 hours to comply which means it is difficult if not impossible to obtain legal representation, receive legal advice, and challenge the notice in court in this timeframe.
On the complaint as to housing conditions in local authority estates, the Committee acknowledged the Government report states that certain ‘preventative maintenance’ measures have been taken, or committed to, in response to the decision in the complaint. The Committee, however, found substantial limitations in providing adequate accommodation to a large number of families, who continue living in substandard local authority housing conditions.
The Committee agreed with the Irish Human Rights and Equality Commission and CAN that the legal framework for the right to housing for families in Ireland is insufficient, local authority housing tenants continue to live with inadequate housing standards and there are no national statistics on the conditions of local authority housing stock.
Again, the Committee found the legislation permitting evictions fails to provide for consultation with those to be affected, as well as for reasonable notice of and information on the eviction and there is not always the provision of alternative accommodation or adequate legal remedies. In particular, the Committee stated that there is no legal aid for those threatened with eviction.
As such, in the context of both complaints, the Committee found that housing for both groups has not been brought into conformity with Article 16 of the Charter.
Click here for the report.