International Federation for Human Rights (FIDH) v. Ireland Complaint No. 110/2014 Mark Jordan University of Southampton 1

Main topics A.The Revised European Social Charter (RESC) and Housing B.Functional overlap C.The Collective Complaint process D.FIDH v Ireland Complaint No. 110/2014 E.Current stage of development 2

A. The RESC and Housing RESC Guarantees social and economic human rights Rights to housing, health, education, employment etc. Adopted in 1961,revised in 1991 Monitoring procedure National reports Collective Complaint 3

A. The RESC and Housing Right to Housing (Art. 31) access to adequate and affordable housing; reduction of homelessness; procedures to limit forced eviction; equal access for non- nationals to social housing and housing benefits; housing construction and housing benefits related to family needs Art. 31 not ratified by Ireland but 4

B. Functional overlap 5 Art 31 – right to housing Art 16 – right of the family to social, legal and economic protection Right of families to housing

C. The Collective Complaint process Monitoring of the RESC National reports Collective complaint procedure (1998) Complaints of violations of the Charter may be lodged with RESC Locus standi: National NGOs and Trade Unions Identification of trends 6

C. The Collective Complaint process Admissibility Formal requirements must be met Declaration of admissibility Decision on the merit Preceded by written procedure of exchange and hearing Committee adopts resolution Recommend that the State take specific measures to bring the situation into line with the Charter 7

D. FIDH v Ireland Complaint No. 110/2014 Background Focused on families living in local authority housing Series of meetings held with wide range of housing stakeholders in 2010/2011 ‘Rights based approach’ offered new potential Background materials organised and draft complaint produced 8

D. FIDH v Ireland Complaint No. 110/2014 Issues raised Inadequate housing conditions Tenants denied effective remedies Lack of meaningful statistics No meaningful participation/tenants association (IUT Tenants Charter) 9

D. FIDH v Ireland Complaint No. 110/2014 State Response Challenge legal basis of complaint Point to general measures and future plans to improve housing conditions Emphasise tenants rights in civil courts Highlight housing policies which include tenant participation 10

E. Current stage of development Complaint declared admissible by ECSR State observations on the merits considered FIDH response to State observations lodged last week State has the opportunity to reply A decision is likely within 6 months to 1 year but no guarantee 11

Thank you Mark Jordan University of Southampton 12