ENNHRI invites the European Committee of Social Rights to recognise begging as protected under the European Social Charter
In its first-ever third-party observations before the European Committee of Social Rights (the Committee), ENNHRI invites the Committee to consider that begging enjoys safeguards under the European Social Charter and can only be restricted in exceptional circumstances.
What is the complaint about?
In the complaint International Federation of Human Rights (FIDH) and International Movement ATD – Fourth World v. Belgium, the European Committee of Social Rights (the Committee) is asked to find that the repression of begging by local ordinances in Belgium does not comply with Articles 16, 30 and E of the European Social Charter (the Charter).
The complainants point out that the right to beg is not expressly recognised in Belgian law and that the criteria under which the restrictions on begging can be imposed are not prescribed by legislation. In addition, they consider that the restrictions adopted by municipalities are excessive, enforced through disproportionate measures, and disproportionately affect Roma and potential victims of human trafficking.
What do ENNHRI’s observations argue?
In its observations, ENNHRI invites the Committee to recognise that begging enjoys protection under the Charter, based on Article 16 and Article 30, and combined with Article E. The Committee is invited to interpret these provisions in such a way as to provide at least equivalent protection to what is offered under Article 8 of the European Convention on Human Rights, as interpreted by the European Court of Human Rights (the Court) in its judgment in the case of Lăcătuş v. Switzerland.
Furthermore, the Committee is invited to affirm the position of the Court that begging can only be restricted in exceptional circumstances and that a general ban on begging in any case falls outside any acceptable margin of appreciation.
ENNHRI submits that the present case provides a unique opportunity for the Committee to clarify that begging is protected by the Charter in four respects:
- by interpreting the scope of the protection of begging under the Charter in a broad manner, which is rooted in respect for the personal autonomy of persons living in poverty to make choices regarding how to sustain their livelihood, including through begging;
- by clarifying the circumstances in which States may exceptionally impose legitimate restrictions on begging;
- by recognising that it is never acceptable to resort to criminal law to restrict life-sustaining activities of persons living in poverty;
- by emphasising that persons living in poverty must be protected by social assistance measures rather than being criminalised.
Further information
These observations were developed by ENNHRI’s members from Belgium. This was done under the lead of FIRM/IFDH Federal Institute for the Protection and Promotion of Human Rights, with support from the Combat Poverty, Insecurity and Social Exclusion Service and Unia (Interfederal Centre for Equal Opportunities and Opposition to Racism), and in consultation with Myria (Belgian Federal Migration Centre).
The intervention builds on information from ENNHRI members, including from ENNHRI’s Legal Working Group and ENNHRI’s Economic, Social and Cultural Rights Working Group. It takes into account national legislation and practices concerning prohibitions on begging.
Read ENNHRI’s 2023 third-party intervention to the Court in the case Dian v. Denmark, which concerned public begging. The Court ruled in the case in June this year.
