European Court of Human Rights rules against Belgium over inadequate reception of asylum seekers
The European Court of Human Rights (ECHR) has ruled against Belgium for the inadequate reception of four asylum seekers. The court found that, as Belgium failed to provide accommodation and material assistance for months despite a ruling by the Brussels labour court, this constituted a violation of various European fundamental rights. The four asylum seekers will receive compensation.
The case concerns four people from Angola, China, Guinea and Cameroon who applied for international protection in Belgium between 2022 and 2023. The four were forced to live on the streets for months – in one case as long as 338 days – despite a ruling by the French-speaking labour court of Brussels ordering the Belgian state to provide accommodation and material assistance.
The ECHR has now ruled that Belgium has breached several fundamental European rights, such as the prohibition of inhuman or degrading treatment and the right to a fair trial.
According to the court, the fact that the individuals had to live on the streets for months “without the means to meet their basic needs, even during the winter” constitutes a violation of the prohibition of inhuman treatment. Furthermore, it found that there had been a breach of the right to a fair trial because the individuals concerned had to wait an “unreasonably” long time for the measures ordered to be implemented.
"In the meantime, much-needed reforms have been implemented, ensuring that there are sufficient reception places for those who are entitled to them"
The ECHR also reprimanded Belgium for failing to respond quickly enough to the interim measures imposed by the European court. According to the court, Belgium must pay compensation to the four asylum seekers concerned. The amounts range from 5,070 euros to 12,350 euros.
In response to the ruling, minister for Asylum and Migration Anneleen Van Bossuyt of N-VA pointed out that the events date back to 2022, “in other words, the previous parliamentary term, of which we were not a part”.
“In the meantime, much-needed reforms have been implemented, ensuring that there are sufficient reception places for those who are entitled to them,” Van Bossuyt added.
Illustration © PHOTO HANSLUCASCOLLECTION
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