la tasa de almacenaje (incluye los intereses mas los gastos de almacenaje).

Paragraph 1 - Adequate housing

The Committee takes note of the information contained in the report submitted by the Netherlands. Under Article 31§1 of the Charter, the Committee considers that the States Parties shall guarantee to everyone the right to housing and shall promote access to adequate housing. States must take the legal and practical measures which are necessary and adequate to the goal of the effective protection of the right in question. They enjoy a margin of appreciation in determining the steps to be taken to ensure compliance with the Charter, in particular as regards the balance to be struck between the general interest and the interest of a specific group and the choices which must be made in terms of priorities and resources (European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 31/2005, decision on the merits of 18 October 2006, § 35).

More particularly, in connection with means of ensuring steady progress towards achieving the goals laid down by the Charter with regard to the right to housing, the Committee has emphasised that implementation of the Charter requires State Parties not merely to take legal action but also to make available the resources and introduce the operational procedures necessary to give full effect to the rights specified therein (International Movement ATD Fourth World (ATD) v. France, Complaint No 33/2006, decision on the merits of 5 December 2007, § 61).

Criteria for adequate housing

The report indicates that during the reference period housing policy fell under the Housing, Communities and Integration (WWI) portfolio. It also states that as regards adequate housing, the Housing Act of 1901 imposes technical requirements for house building and establishes a system for building permits. Moreover, the Buildings Decree, based on the Housing Act, contains minimum requirements for safety, health, functionality, energy efficiency and the environment. The Buildings (Fire Safety) Decree contains a number of fire-safety requirements. Since October 2010, when the Environmental Licensing (General Provisions) Act entered into force, various permits relating to housing planning and the environment, each with its own terms, procedures, fees and supervisory authorities were replaced by a single permit.

The Committee recalls that for the purpose of Article 31§1, the notion of adequate housing must be defined in law.

It asks if such a definition exists and requests that the next report indicate in which legal text.

It further recalls that under Article 31§1, “adequate housing” means a dwelling which is safe from a sanitary and health point of view, i.e. it must possess all basic amenities, such as water, heating, waste disposal, sanitation facilities and electricity and must also be structurally secure, not overcrowded and with secure tenure supported by the law (see Conclusions 2003, France and Defence for Children International (DCI) v. the Netherlands, Complaint No. 47/2008, decision on the merits of 20 October 2009, § 43).

The standards of adequate housing must be applied not only to new constructions, but also gradually to the existing housing stock. They must also be applied to housing available for rent as well as to owner occupied housing (Conclusions 2003, France).

The Committee asks the next report to specify if this is the case in the Netherlands.

The Committee notes from the report that the Housing Act contains provisions relating to housing associations (i.e. organisations working in the area of public housing). These associations receive state aid (EUR 300 to 400 million per year) from the central government and municipalities in the form of loan guarantees from the Social Housing Construction Guarantee Fund and from the Central Housing Fund. The report indicates that the housing associations’ original role was to build, let and manage social housing. Today, they also build homes for sale and help improve the quality of life in

the neighbourhoods where their homes are located. They also provide accommodation for the elderly, disabled and persons who require care or special assistance.

The report highlights that in 2006 the Dutch Housing Survey replaced the Housing Requirement Survey and the Housing Quality Registry. It is a method of taking stock of housing demand and housing conditions. It provides insight into the composition of households, the housing situation, housing preferences and the living environment. The first Housing Survey was launched by the Minister for Housing, Communities and Integration in 2009. It was carried out in collaboration with Statistics Netherlands (CBS).

The Committee asks that the next report include relevant figures and statistics concerning adequacy of dwellings as well as information on resources invested to guarantee the right to adequate housing. Meanwhile it notes from the report that most people feel that their neighbourhoods have improved. In this regard, the report points out that under the Urban Regeneration Act, municipalities may apply for funding to fight deprivation in certain urban areas and improve the quality of life for their residents. Applications for such funding may be made every 5 years. The funding is granted by the Urban Renewal Investment Budget (ISV). The third ISV funding period started in 2010.

The Committee notes from other sources1 that the above mentioned Urban Regeneration Act was invoked in 2006 by the municipality of Rotterdam to make the allocation of housing in certain areas subject to income qualifications.

The Committee requests the next report to clarify how the balance between the general interest of improving the quality of housing in certain areas and the interest of specific vulnerable groups is taken into account. Should the next report not provide evidence that the setting of such income requirements did not produce discriminatory effects on low-income persons and families, there will be nothing to show that the situation is in conformity with Article 31§1 as regards the effective access to and enjoyment of adequate housing.

Responsibility for adequate housing

The Committee notes that a Housing Agreements Monitor was set up outside the reference period (in 2010). The report indicates that this Monitor makes use of a Housing "Thermometer" which compares and catalogues house building performances in different urban areas.

The Committee asks for details in the next report about the powers of the Housing Agreements Monitor. In particular it asks whether it may carry out inspections and how often, and whether its decisions have binding force.

The Committee recalls that it is incumbent on the public authorities to ensure that housing is adequate through different measures such as, in particular, an inventory of the housing stock, injunctions against owners who disregard obligations, urban development rules and maintenance obligations for landlords. Public authorities must also limit against the interruption of essential services such as water, electricity and telephone (Conclusions 2003, France).

It therefore asks how else (other than through the Monitor referred to above) adequacy of housing is monitored. It also asks whether rules exist imposing obligations on landlords to ensure that dwellings they let are of an adequate standard and to maintain them and how public authorities supervise such rules.

Legal protection

The Committee underlines that it attaches particular importance to legal protection of the right to housing. The effectiveness of the right to adequate housing requires its legal protection through adequate procedural safeguards. Occupiers and tenants must have access to affordable and impartial legal and non-legal remedies. Any appeal procedure must be effective (Conclusions 2003 France). Given the lack of information in this regard, the Committee asks for detailed information in the next report on all the above-mentioned points.

Measures in favour of vulnerable groups

The Committee reiterates that States Parties shall guarantee equal treatment with respect to housing on the grounds of Article E of the Charter. Article E prohibits discrimination and therefore establishes an obligation to ensure that, in the absence of objective and reasonable justifications, any individual or groups with particular characteristics enjoys in practice the rights secured in the Charter. Moreover, Article E not only prohibits direct discrimination but also all forms of indirect discrimination. Discrimination may also arise by failing to take due and positive account of all relevant differences or by failing to take adequate steps to ensure that the rights and collective advantages that are open to all are genuinely accessible by and to all (International Association Autism-Europe (Autisme) v. France, Complaint No. 13/2002, decision on the merits of 4 November 2003, § 52 and Centre on Housing Rights and Evictions (COHRE) v. Italy, Complaint No. 58/2009, decision on the merits of 25 June 2010, § 35).

As regards the right to housing the Committee has held that equal treatment must be assured to the different groups of vulnerable persons, particularly low-income persons, unemployed, single parent households, minors, persons with disabilities including mental health problems, persons internally displaced due to wars or natural disasters, etc. (Conclusions 2003, France). Furthermore, in its Conclusions 2006, it also drew particular attention on the situation of Roma and Travellers and “asked for national reports to provide comprehensive information on any measures introduced to take account of the fact that certain groups of the population, such as nomads, are particularly vulnerable and to secure for them the effective enjoyment of the rights enshrined in the Charter.”

Moreover, with regard to Roma in particular, the Committee has held that as a result of their history, the Roma have become a specific type of disadvantaged group and vulnerable minority. They therefore require special protection. Special consideration should be given to their needs and their different lifestyle both in the relevant regulatory framework and in reaching decisions in particular cases, not only for the purpose of safeguarding the interests of the minorities themselves but to preserve cultural diversity of value to the whole community (COHRE v. Italy, §§ 39-40).

The Committee notes from the report that:

 Under the Housing Allocation Act, housing associations (see above) have to prioritise persons who are having difficulties in finding appropriate accommodation due to their level of income or other circumstances.

 Regulations to limit housing costs and to facilitate access to social housing are aimed at benefiting lower-income persons (for more information on these measures, see Article 31§3 as well as the question asked above with regard to the Urban Regeneration Act).

 The Housing Benefits Act establishes that the elderly and persons with disabilities should have access to a number of advantages (for the Committee’s assessment with regard to access to adequate housing for the elderly and persons with disabilities, see its conclusions respectively under Articles 23 and 15§3).

 In 2007, more than 400 municipalities were given the task of housing 25 000 asylum seekers. By July 2010, 98% of this group had been housed.

 As to the Roma, Sinti and Dutch Travellers, since the abolishment of the Caravan Act in 1999, caravans are under the Housing Act and have comparable status to regular housing.

With regard to the latter vulnerable group, the Committee however notes from another source2 that since the Building Act hardly indicates any norms for caravans, often caravans are of bad-quality, particularly those for rent.

The Committee holds that the standards of adequate housing mentioned above should, mutatis mutandi, also apply to caravans.

The Committee notes that the report acknowledges that there is a problem of shortage of halting sites (in 2008 it was estimated that an extra 3 000 caravan plots were required). Moreover, according to the same source quoted above, even though in general, all families live on legal halting sites, given the shortage of sites, the existing ones are overcrowded.

The Committee notes from the letter of the Minister for Housing, Communities and Integration of 26 June 2009 to the Parliament and which was appended to the report, that the central government does not intend to introduce new policy specifically targeting the Roma. It is for the municipalities to make better use of existing measures and available instruments to tackle the problems identified by the Roma, Sinti and Dutch Travellers. The report highlights that in so doing, the municipalities should make use of the national support office for Roma and Sinti, that is operational since October 2009. The Committee recalls that even if under domestic law, local or regional authorities, trade unions or professional organisations are responsible for exercising a particular function, States parties to the Charter are responsible, under their international obligations to ensure that such responsibilities are properly exercised. Thus, ultimate responsibility for policy implementation, involving at a minimum supervision and regulation of local action, lies with the Government which must be able to show that both local authorities and itself have taken practical steps to ensure that local action is effective (ERRC v. Italy, Complaint No. 27/2004, decision on the merits of 7 December 2005, § 26).

The Committee requests the next report to include information on progress made to meet the demand for more halting sites and better quality caravans. Meanwhile, it reserves its position as regards effective access to adequate housing for the Roma, Sinti and Dutch Travellers.

Conclusion

Pending receipt of the information requested, the Committee defers its conclusion. ________________________

1

Third report on the Netherlands adopted by ECRI on 29 June 2007, document CRI(2008)3, § 72 and Concluding observations of the UN Human Rights Committee concerning the Netherlands, document CCPR/C/NLD/CO/4 of 25 August 2009, § 18

2

RAXEN Thematic Study - Housing Conditions of Roma and Travellers - The Netherlands, published in March 2009

Article 31 - Right to housing

Paragraph 2 - Reduction of homelessness

The Committee takes note of the information contained in the report submitted by the Netherlands, as well as the contribution by several Dutch NGOs1 to the reporting by the Netherlands on Article 31§2 and the observations by the Dutch Government on this contribution.

The Committee recalls that during the reference period, it has decided on the merits in Defence for Children International (DCI) v. the Netherlands, Complaint No. 47/2008, decision of 20 October 2009 and found a violation of Article 31§2 of the Charter (see below).

After the reference period, the Dutch Government outlined the measures already taken and those that were planned to bring the situation fully in conformity with the Charter when the Committee of Ministers’ Resolution concerning the follow-up to this complaint was adopted (see the appendix to Resolution CM/ResChS(2010)6). The Committee will take account of such information in this conclusion.

Preventing homelessness

The report indicates that in 2006 an action plan was drawn up by the Government and the cities of Amsterdam, Rotterdam, The Hague and Utrecht where some 10,000 homeless persons were present. The five-year target of the action plan is that all the homeless people in these municipalities be provided with counselling leading to housing, income and work or daytime activities.

The Committee notes from the report that at the end of 2009, 9 750 of those homeless persons were no longer living on the streets.

The report highlights that the second phase of the plan focuses on mobility out of sheltered accommodation and the prevention of homelessness. It also indicates that similar action plans were also drawn up under the name ‘Urban Compass’ by 38 other municipalities.

The Committee asks the next report to provide detailed information, including relevant figures, about the results achieved through the measures already taken and to indicate whether other measures are planned to improve the situation.

Forced evictions

Forced eviction is the deprivation of housing which a person occupied due to insolvency or wrongful occupation (Conclusions 2003, France). Under Article 31§2 States Parties must set up procedures to limit the risk of eviction (Conclusions 2005, Sweden).

In view of the importance of the right to housing, which is an aspect of individuals' personal security and well-being, the Committee attaches great importance to the relevant procedural safeguards (see Conclusions 2005, Sweden; see mutatis mutandis Eur. Court HR, Connors v. United Kingdom, judgment of 27 May 2004, §92). The Committee recalls that in order to comply with Article 31§2 of the Charter, legal protection for persons threatened by eviction must include:

 an obligation to consult the parties affected in order to find alternative solutions to eviction;  an obligation to fix a reasonable notice period before eviction;

 a prohibition to carry out evictions at night or during winter;  accessibility to legal remedies;

 accessibility to legal aid;

 compensation in case of illegal eviction.

Furthermore, when evictions do take place, they must be:

 carried out under conditions which respect the dignity of the persons concerned;  governed by rules of procedure sufficiently protective of the rights of the persons.

The Committee also recalls that when an eviction is justified by the public interest, authorities must adopt measures to re-house or financially assist the persons concerned.

The Committee notes from the report that housing associations (see Article 31§1) play a preventive role in trying, as far as possible, to avoid evictions (by reminding tenants of their obligations, by raising their awareness on possibilities available in case of difficulties in paying, etc).

The report indicates that security of tenure against eviction is governed by the Civil Code. Rental contracts may not be terminated without a court judgment. Before the court reaches a judgment, it may give the tenant a period of time during which the tenant must pay his overdue rent to avoid eviction. Applications by landlords to terminate rental contracts usually come to court only once the rent is three months overdue. For additional protection, tenants may invoke the Debt Repayment (Natural Persons) Act, which allows tenants to avert impending eviction and reschedule their debt. They can appeal to the court for a six-month moratorium, conditional upon ongoing rent payments being made.

The report further highlights that if the renovation or demolition of a dwelling makes it necessary for the tenant to move (temporarily), the tenant is entitled to an allowance, payable by the landlord, to cover the costs of removal and resettlement. For tenants of independent dwellings, caravans and caravan pitches, the Minister lays down a minimum allowance of some EUR 5 000 (linked annually on 1 March to the consumer price index; in 2009, it was EUR 5 138). Since removal and resettlement

costs for tenants of non-independent dwellings (rooms in buildings with shared facilities and a shared main entrance) are generally lower, the minimum amount does not apply to them, but they too are entitled to an allowance payable by the landlord.

The Committee considers that certain elements of the Dutch system on evictions (accessibility to legal remedies, possibility of prolonging the date for removal, entitlement to financial assistance when eviction is justified by a public interest) are in conformity with respect to the principles laid down by Article 31§2. However, it asks additional information on whether legal aid is offered to those who are in need of seeking redress from the courts, and whether compensation for illegal evictions is foreseen by law. It also asks whether there is an obligation to fix a reasonable notice period before eviction. Finally it also asks about the rate of judicial decisions of forced eviction and their implementation.

Right to shelter

According to Article 31§2, homeless persons must be offered shelter as an emergency solution. Moreover, to ensure that the dignity of the persons sheltered is respected, shelters must meet health, safety and hygiene standards and, in particular, be equipped with basic amenities such as access to water and heating and sufficient lighting. Another basic requirement is the security of the immediate