The complaint
The collective complaint challenged the Flemish regional housing policy and practice for noncompliance with the provisions of the European Social Charter. It argued that the Flemish housing policy has not succeeded in improving the difficult housing situation of numerous households. It denounces specific issues concerning the affordability and accessibility of housing in the private market. Additionally, many households are deprived of housing of an adequate standard and suffer for the lack of security of tenure. Lastly, a special focus is given to the problem of homelessness, as the most flagrant violation of the right to housing. The complaint asks for a periodic monitoring of homelessness, which should help the authorities to have a comprehensive and coordinated approach to promoting access to housing.
The Decision on the Merits
The decision confirms serious violations of the European Social Charter, particularly in relation to the right to housing, in the Flemish region of Belgium.
The core of the decision focuses primarily on violations of Article 16 of the European Social Charter, which imposes obligations on States Parties regarding family housing. The decision addresses the impact of Flemish housing policy on the most vulnerable households, most of whom live in families. The Committee considered the following interrelated housing issues: affordability, adequacy, homelessness and discrimination.
Specific issues highlighted in the decision include:
- Failure to ensure access to affordable housing - The Committee noted that Flanders' long-standing emphasis on home ownership, coupled with an insufficient supply of social housing, has left low-income households struggling to access affordable housing options.
- Insufficient protection for private sector tenants - The decision also highlighted the lack of adequate support for vulnerable tenants in the private rented sector, many of whom face unaffordable rents, evictions and substandard housing conditions. The Committee also found a failure to ensure the practical implementation of the prohibition of discrimination.
- Discrimination in access to social housing - The decision found that certain eligibility conditions, such as local connection rules, unfairly disadvantage certain groups, including migrants and vulnerable families.
- Inadequate response to homelessness - The Committee criticised the lack of a comprehensive homelessness policy in the region and insufficient data collection on evictions and homelessness, which prevents effective action.
Call for Action
In light of this ruling, FEANTSA and Woonzaak urge the Belgian and Flemish authorities to take immediate corrective measures, including:
- A comprehensive housing strategy that prioritises the needs of low-income households and aligns with Belgium’s human rights obligations under the European Social Charter.
- Urgent expansion of social housing supply to ensure that those in need have access to affordable and quality homes.
- Elimination of discriminatory barriers in social housing allocation to ensure equal access for all.
- Better protection for tenants in the private rental market, including stronger rent control measures and financial assistance for low-income renters.
- Enhanced data collection on homelessness and housing conditions to inform evidence-based policies aimed at ending housing exclusion.
Decision on the merits of the Complaint No. 203/2021
Flanders fails on housing: European Committee issues damning verdict
