ECtHR - Saidoun and Fawsie v. Greece, Application Nos. 40083/07 and 40080/07

Facts:

Mrs Fawsie is a Syrian national and Mrs Saidoun a Lebanese national. They have both been officially recognised as political refugees, together with their children, since 1998 and 1995, and are legal residents in Greece. In 2005 the family allowance office rejected the Applicants’ requests for the allowance paid to mothers of large families. The rejection decision explained that the Applicants did not have the status of “mother of a large family” within the meaning of the legislation, as neither they nor their children had Greek nationality or the nationality of one of the member States of the European Union or were refugees of Greek origin. The Applicants’ appeals against that decision were unsuccessful. In 2008 the legislature amended the law in question and it now provides that people officially recognised as refugees, together with their families, are included among the beneficiaries of the “large family” allowance.

Relying on Article 8 (right to respect for private and family life), taken together with Article 14 (prohibition of discrimination), the Applicants alleged that the authorities’ refusal to grant them a “large family” allowance represented discrimination on grounds of nationality.

Decision & reasoning:

The Court did not call into question the desire of the Greek legislature, in awarding the family allowance to people who were unlikely to leave the country, to address the country’s demographic problem that seemed to be worsening. However, it did not agree with the criterion chosen, being based mainly on Greek nationality or origin, especially as it was not uniformly applied at the relevant time.

The Court reiterated that only very strong considerations could lead it to consider a difference in treatment exclusively based on nationality to be compatible with the Convention. It noted moreover that the Supreme Administrative Court had, in 2000, found in favour of a person in a similar situation to that of the Applicants. In addition, from 1997 onwards, the status of beneficiary of the allowance had been granted to nationals of European Union member States, then from 2000 to nationals of States Parties to the European Economic Area, and finally, from 2008, to refugees such as the Applicants. Lastly, under the Geneva Convention on the Status of Refugees, to which Greece was a party, States had to grant to refugees staying lawfully in their territory the same treatment with respect to public relief and assistance as was accorded to their own nationals.

Therefore, the refusal of the authorities to award a large family allowance to the Applicants had not been reasonably justified. The Court held unanimously that there had been a violation of Articles 8 and 14 of the Convention taken together.

Outcome:

Violation of Article 14 in conjunction with Article 8.

Under Article 41 (just satisfaction) of the Convention, the Court held that Greece was to pay Mrs Fawsie 13,190.52 euros (EUR) in respect of pecuniary damage, EUR 1,500 for non-pecuniary damage and EUR 3,000 for costs and expenses; and to pay Mrs Saidoun EUR 6,938.88 for pecuniary damage, EUR 1,500 for non-pecuniary damage and EUR 3,000 for costs and expenses.

Subsequent proceedings:

Greece submitted an action report claiming that all necessary execution measures had been adopted. The report indicates that the nationality requirement to benefit from family allowances has been alleviated thereby encompassing also refugees and EU and EEA citizens amongst those who are entitled.