Sui minori stranieri accompagnati e non: per una tutela "effettiva" (Com. eur. dir. soc.,

"The Committee recalls that when considering several complaints, it has specified the nature of States’ obligations vis-à-vis implementation of the Charter. The purpose and aim of the Charter is to protect not theoretical but effective rights (CIJ v. Portugal, Complaint No. 1/1998, decision on the merits of 9 September 1999, §32; FEANTSA v. Slovenia, Complaint No. 53/2008, decision on the merits of 8 September 2009, §28). It considers that proper application of the Charter cannot be achieved solely through legislation if its application is neither effective nor strictly controlled.

In connection with the means of achieving the aims set out in the Charter, the Committee stresses that for the application of the Charter, it is incumbent on States Parties not only to take legal initiatives but also to provide for the requisite resources and procedures to facilitate full exercise of the rights guaranteed by the Charter (International Movement ATD Fourth World v. France, Complaint No. 33/2006, decision on the merits of 5 December 2007, §61).

The Committee underlines that, where the implementation of the rights proves highly complex and costly, the States Parties must endeavour to achieve the aims of the Charter according to a reasonable timetable, securing measurable progress and making optimum use of such resources as can be mustered.

The Committee also recalls that the States Parties must pay particular attention to the impact of their choices on the most vulnerable groups and on the other persons concerned (mutatis mutandis, International Association Autism-Europe v. France, Complaint No.13/2002, decision on the merits of 4 November 2003, § 53)."

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#minoristranieri #protezione #prestazionidiassistenzasociale