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Diritto all'assistenza sociale in situazioni di emergenza anche per i migranti irregolari: la Ca

"67. In the same vein, the Committee also recalls that “the aim and purpose of the Charter, being a human rights protection instrument, is to protect rights not merely theoretically, but also in fact” (International Commission of Jurists v. Portugal, Complaint No. 1/1999, decision on the merits of 9 September 1999, §32). It considers that assessments of the Committee concerning the substantial provisions of the Charter must be based on this human rights approach, which has consistently been applied by the Committee [...].

71. The Committee reiterates that in certain cases and under certain circumstances, the provisions of the Charter may be applied to migrants in an irregular situation. The application of the Charter to migrants in an irregular situation is justified solely where excluding them from the protection afforded by the Charter would have seriously detrimental consequences for their fundamental rights, and would consequently place the foreigners in question in an unacceptable situation regarding the enjoyment of these rights, as compared with the situation of nationals or foreigners in a regular situation (DCI v. Belgium, cited above, §35) [...]

The beneficiaries of the right to emergency social assistance thus include also foreign nationals who are present in a particular country in an irregular manner (Conclusions 2013, Malta)".


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