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dinsdag 5 november 2013

Netherlands: ruling (immediate measures) by Council of Europe: undocumented people should get basic humanitarian help from (local) government‏

Hi all,

This week we were gladly informed by the positive reaction on the
request of immediate measures regarding a complaint submitted by the
Conference of European Churches (CEC) at the European Committee of
Social Rights -of the Council of Europe- regarding the Dutch Linkage Act
(that excludes ondocumented citizens from the right to work and the
right to social assistence for human living conditions). The CEC wants
the committee to check the consequences of this Act in relation to the
European Social Charter. This in regard to the human right to shelter,
food and clothing.

The Committee invites the Dutch government to take immediate measures:
- Adopt all possible measures with a view to avoiding serious,
irreparable injury to the integrity of persons at immediate risk of
destitution, through the implementation of a co-ordinated approach at
national and municipal levels with a view to ensuring that their basic
needs (shelter, clothes and food) are met; and
- Ensure that all the relevant public authorities are made aware of
this decision.

The decision is not binding, however a previous ruling (no children on
the street) was quickly adopted in new policy.
The decision gives us the opportunity to have extra power in
negotiations with local and national politics and in court.

Actions on the street will also continue. Coming Monday the fifth (DIY)
shelter of the We Are Here group is at stake. The owner (Bayer Pension
Fund) started a lawsuit against the people living at Weteringschans 109,
the court will look at this case Monday November 4. We don't see a big
chance to win this case. The group is concidering their next steps.

best,
Joyce

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