M.S.S. v. BELGIUM AND GREECE JUDGMENT
51
2. Merits
249. The Court has already reiterated the general principles found in the
case-law on Article 3 of the Convention and applicable in the instant case
(see paragraphs 216-22 above). It also considers it necessary to point out
that Article 3 cannot be interpreted as obliging the High Contracting Parties
to provide everyone within their jurisdiction with a home (see Chapman,
cited above, § 99). Nor does Article 3 entail any general obligation to give
refugees financial assistance to enable them to maintain a certain standard
of living (see Müslim v. Turkey, no. 53566/99, § 85, 26 April 2005).
250. The Court is of the opinion, however, that what is at issue in the
instant case cannot be considered in those terms. Unlike in the above-cited
Müslim case (§§ 83 and 84), the obligation to provide accommodation and
decent material conditions to impoverished asylum-seekers has now entered
into positive law and the Greek authorities are bound to comply with their
own legislation, which transposes Community law, namely Council
Directive 2003/9/EC laying down minimum standards for the reception of
asylum-seekers in the member States (“the Reception Directive”; see
paragraph 84 above). What the applicant holds against the Greek authorities
in this case is that, because of their deliberate actions or omissions, it has
been impossible in practice for him to avail himself of these rights and
provide for his essential needs.
251. The Court attaches considerable importance to the applicant’s
status as an asylum-seeker and, as such, a member of a particularly
underprivileged and vulnerable population group in need of special
protection (see, mutatis mutandis, Oršuš and Others v. Croatia [GC],
no. 15766/03, § 147, ECHR 2010). It notes the existence of a broad
consensus at the international and European level concerning this need for
special protection, as evidenced by the Geneva Convention, the remit and
the activities of the UNHCR and the standards set out in the Reception
Directive.
252. That said, the Court must determine whether a situation of extreme
material poverty can raise an issue under Article 3.
253. The Court reiterates that it has not excluded the possibility “that
State responsibility [under Article 3] could arise for ‘treatment’ where an
applicant, in circumstances wholly dependent on State support, found
herself faced with official indifference when in a situation of serious
deprivation or want incompatible with human dignity” (see Budina v.
Russia (dec.), no. 45603/05, 18 June 2009).
254. It observes that the situation in which the applicant has found
himself is particularly serious. He allegedly spent months living in a state of
the most extreme poverty, unable to cater for his most basic needs: food,
hygiene and a place to live. Added to that was the ever-present fear of being
attacked and robbed and the total lack of any likelihood of his situation
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents