Case Law

Holding: France’s failure to enforce orders by the urgent-applications judge of the Administrative Court for the provision of emergency accommodation to a number of homeless and particularly vulnerable asylum-seekers was in violation of Article 6 § 1 ECtHR.

8 December 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Reception | Countries: France

The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.

2 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation

7 July 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Deportation / Forcible return - Discrimination based on race, nationality, ethnicity - Freedom from torture, inhuman and degrading treatment - Reception - Roma | Countries: Belgium - France - Serbia

27 September 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Reception - Regional instruments - Safe third country - Single procedure | Countries: France

15 May 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Reception - Regional instruments - Safe third country - Single procedure | Countries: France

Décision sur la recevabilité.

9 November 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Non-refoulement - Reception - Safe third country - Single procedure | Countries: Somalia

Mentionné dans les tables du recueil Lebon.

23 March 2009 | Judicial Body: France: Conseil d'Etat | Topic(s): Asylum-seekers - Reception | Countries: France