Case Law

1. Article 29 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as meaning that it precludes national legislation, such as that at issue in the main proceedings, which provides that refugees with a temporary right of residence in a Member State are to be granted social security benefits which are less than those received by nationals of that Member State and refugees who have a permanent right of residence in that Member State. 2. A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

21 November 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Economic, social and cultural rights - Refugee / Asylum law | Countries: Austria

THE COURT HELD: The administrative claim of PERSON to the Bakhmut Joint Directorate of the Pension Fund of Ukraine in the Donetsk Oblast on the recognition of unlawful actions and obligation to take certain actions shall be satisfied to the full extent. The Decree "On Suspension of Payment of Pension to PERSON_6 Until Clarification" of the Bakhmut Joint Directorate of the Pension Fund of Ukraine in the Donetsk Oblast of March 24, 2017, is declared unlawful and is cancelled. The Bakhmut Joint Directorate of the Pension Fund of Ukraine in Donetsk Oblast is obliged to resume payment of pension to PERSON_6, from April 01, 2017. [...]

3 May 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) | Countries: Ukraine

Administrative cases; Cases on disputes over the implementation of public policies in the areas of labour, employment and social protection of citizens and disputes in the area of public housing policy, namely, disputes regarding: management, supervision and other administrative functions (assignment, recalculation and implementation of insurance benefits) in the area of the corresponding types of obligatory state social insurance, including: obligatory state pension insurance, including pension insurance for persons dismissed from the public service (military service)

30 January 2018 | Judicial Body: Ukraine: Supreme Court | Topic(s): Economic, social and cultural rights - Internally displaced persons (IDPs) - Rule of law / Due process / Procedural fairness | Countries: Ukraine

This decision concerns several violations to the right of unaccompanied foreign minors to social, legal and economic protection in France on several grounds (violations of Article 17§1 of the Charter) due to: •shortcomings identified in the national shelter, assessment and allocation system of unaccompanied foreign minors; •delays in appointing an ad hoc guardian for unaccompanied foreign minors; •the detention of unaccompanied foreign minors in waiting areas and in hotels; •the use of bone testing to determine the age of unaccompanied foreign minors considered as inappropriate and unreliable; •a lack of clarity to access an effective remedy for unaccompanied foreign minors;

24 January 2018 | Judicial Body: Council of Europe: European Committee of Social Rights | Legal Instrument: 1961 European Social Charter | Topic(s): Economic, social and cultural rights - Effective remedy - Right to education - Unaccompanied / Separated children | Countries: France

10 November 2014 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Economic, social and cultural rights - Illegal immigrants / Undocumented migrants - Migrant rights | Countries: Netherlands

10 November 2014 | Judicial Body: Council of Europe: European Committee of Social Rights | Topic(s): Economic, social and cultural rights - Illegal immigrants / Undocumented migrants - Migrant rights | Countries: Netherlands

26 September 2014 | Judicial Body: South Africa: Supreme Court of Appeal | Topic(s): Economic, social and cultural rights | Countries: South Africa