Clarification Questions for the Essay Competition on Social Rights

 Clarification Questions for the Essay Competition on Social Rights
1) Is there a methodology established for the competition?
We want participants to take a traditional legal approach, i.e., a 'black letter' methodology. Thus we
want you to examine the relevant legal rules under the European Social Charter, take into account
international principles, conduct a literature review and examine case-law.
2) Should we write about national case-law?
Participants should focus on European case-law only, particularly case-law from the European
Social Charter and its scope of protection.
3) The research question refers to the European Social Charter. In the essay shall we
mention the articles of that charter or of the Revised European Social Charter?
The "European Social Charter" in the research question is to be understood in the broadest sense.
So it encompasses the European Social Charter of 1961, the Revised Charter of 1996 as well as the
amending protocols.
4) The right to housing under the Revised Social Charter is specifically guaranteed by
article 31. However, also article 16 and 30 are of relevance. Shall participants strictly stick to
article 31 or deal also with the other articles in the essay?
No, participants should take into account every Article that is relevant to the right to housing for
unlawfully residing migrants.
5) Are we supposed to interpret the right of housing in the broadest sense, in the sense that
we will also have to research other rights that may be connected?
The focus of the essay is on the right to housing. Some other rights may come into play to ensure
full enjoyment of the right to housing, but you have to do research to see what is relevant.