EDAL case summaries

Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.

Foreign asylum seekers without employment have a right to be exempted from the payment of health care contributions under Art. 8(16) of Law No. 537/1993, irrespective of whether they are seeking a job for the first time or have worked in the past. The entitlement to this benefit depends solely on the condition of “non-employment” under Art. 19(1), (2) and (7) of Legislative Decree 150/2015 and to the declaration by the non-employed individual of their availability to work. Denying this benefit to jobless asylum seekers amounts to discrimination.

To not allow young adults who have been refused asylum to terminate their studies deprives Article 8 ECHR of all weight, an Article which protects an individual’s professional training and personal development.  Even if the right to stay of a student is not protected by Article 8, the termination of a qualifying training which is on the horizon falls under the scope of private life within the ECHR. Therefore, the transfer of the applicant to a return centre would prevent her from finishing her schooling, ruining her 7 years of studies and would constitute a harm difficult to repair...

A lack of the State authorities’ fulfilment of obligations under article L.223-2 of the Code of Social Action and Families can create serious harm to a fundamental right.

The obligation by the applicant to put in place emergency accommodation is reinforced when a child’s health, security or morality is put in danger.