Legal briefing: Statelessness and the right to respect for private and family life
October 2024
various subsistence-related benefits and the Dutch authorities did not specify why the
stateless claimant’s circumstances did not amount to the special circumstances which,
under Dutch law, would have enabled them to grant the claimant the child budget. It
added that the State has an obligation under Article 24(1) to protect the physical and
psychological well-being of the child, through subsistence, as the mother had no access
to work or income.56 The Committee adopted the view that, by not doing so, the State
violated the child’s rights under Article 24(1), and, as the same matters were to be
considered under Articles 23(1) and 26, it was not necessary to examine the author’s
claims under that legal basis.57 The Committee effectively concluded that overall Article
24(1) offered an adequate basis for the claim to be considered.
56
57
UN Human Rights Committee, Communication No. 2498/2014, paragraph 7.8.
UN Human Rights Committee, Communication No. 2498/2014, paragraph 7.9.
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