The Irish Human Rights and Equality Commission welcomes the important judgment today from the European Court of Justice, regarding the State’s responsibility to International Protection applicants under EU law.
The judgment relates to High Court actions by two applicants against the Department of Children, Equality, Disability, Integration, and Youth, alleging breaches of their rights under the Reception Conditions Directive and the Charter of Fundamental Rights of the European Union.
Notably, the judgment confirmed that all EU member states must:
“guarantee International Protection applicants reception conditions which ensure an adequate standard of living”
adding that,
“these conditions must include basic needs, including appropriate accommodation, and safeguard the physical and mental health of the persons involved.”
The EU law is also clear that Ireland cannot use the excuse of a deficiency of housing to justify its failures to follow the law and provide for basic needs.