Access to justice and the right to food: the way forward 2015, para. 25
Párrafo- Paragraph text
- While on the whole European countries have been more reluctant to accept the justiciability of economic, social and cultural rights, there have been some significant cases. For example, in the 2012 German Federal Constitutional Court judgment 1 BvL 10/10, the court ruled on whether cash benefits for asylum seekers provided by the Asylum Seekers Benefit Act were compatible with its Constitution. The court relied on earlier decisions to reiterate that the State is under an obligation to ensure a "dignified minimum existence", defined as a "comprehensive fundamental rights guarantee" which includes access to food, clothing, household items, housing, heating, hygiene health and social assistance to persons in need. The benefits awarded to the asylum seekers under the law in question were deemed insufficient to guarantee a dignified minimum existence. The court also reaffirmed that benefits must be calculated on the basis of "real and actual needs" and thus be measured realistically. The court noted that the benefits prescribed under the Asylum Seekers Benefit Act had not increased since 1993, even though the cost of living in Germany had risen by 30 per cent in that period. As a result, a number of provisions of the act were declared unconstitutional. The court ordered the enactment of new legislation that would ensure a dignified minimum standard of living and introduced a transitional scheme that would provide higher cash benefits in the interim.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Personas afectadas
- Persons on the move
- Año
- 2015
- Tipo de párrafo
- Other
- Reference
- SR Food, Report to the HRC (2015), A/HRC/28/65, para. 25.
- Paragraph number
- 25
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Fecha de adición
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