Collective complaint brought to the European Committee of Social Rights (ECSR) under Article 16 of the European Social Charter (ESC); Right of the family to social, legal and economic protection; Remedies; Due process; Forced evictions; Right to social rights without discrimination under the preamble of the ESC.
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On February 9, 2010, Thomas Hammarberg of the Council of Europe Commissioner for Human Rights met Theodora Tzakri, Deputy Minister of Interior of Greece in Athens, in order to discuss the situation of the Roma. In follow-up written communication of 13 April 2010, Tzakri stated that the Roma would be treated on the basis of human rights. To date, Greece has taken no concrete remedial action. One of Greece’s worst Roma evictions took place in Aspropyrgos in August 2010.
On 6 July 2011, at the 1118th meeting of the Ministers’ Deputies, the Committee of Ministers passed a resolution (at item 4.4 and appendix 9) upholding the strong condemnation by the Committee of Social Rights in this case.
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This decision is the first time that the ECSR re-examined an issue already decided under a previous ruling. In doing so and rejecting the Greek government’s attempt to have the complaint declared inadmissible, the Committee found that not only had the Greek government not taken sufficient steps in improving the living conditions of the Roma, the situation had in fact gotten worse.
In a finding that could also have an impact on access to justice for other marginalized communities, the Committee deemed that the legal recourse available was not sufficiently accessible. With many Roma families unaware of the right to challenge an eviction notice, for example, the Committee found that “[t]he special circumstances of Roma families threatened by eviction means that special support should be available including targeted advice on availability of legal aid and on appeals.”
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