Case summaries
The applicant, a victim of rape and forced marriage, has a subjective right to reception which allows her to live a life compatible with human dignity in light of her vulnerability and the minimum norms of reception. This right is entirely linked with FEDASIL’s competences to ensure reception is adapted to an individual’s circumstances. The statement of the asbl SOS VIOL clearly justifies why the applicant should be accommodated in a Local Reception Initiative, reception which is better adapted to the symptoms that she suffers from, notably anxiety and fear of men.The criticism of the asbl's statement whilist not providing any pschological assessment themselves, meant that FEDASIL’s decision not to transfer the applicant to adapted accommodation was negligent.
The applicant is entitled to be transferred to individual accommodation and moral damages in the region of 2.500 euros.
The case concerns the validity of the first subparagraph of Article 8(3)(a) and (b) of the Receptions Conditions Directive in the light of Article 6 of the Charter of Fundamental Rights.
The reduction in the financial allowance available to child dependants of asylum seekers was not contrary to the requirement that the best interests of the child be a primary consideration in all actions concerning children.
Article 8(3)(e) of the recast Reception Conditions Directive fulfils the requirements of proportionality by virtue of the strictly circumscribed framework regulating its use. In light of Article 52(3) of the Charter, Article 8(3)(e) therefore complies with Article 5(1)(f) of the ECHR.