Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

In September 2012, the Dutch Supreme Court upheld a judgment of Hague Appeal that eviction from basic shelter mother and her minor children, who did not have legal residence in Netherlands, was unlawful. This ruling instigated by radically new interpretation European Social Charter’s personal scope caused major shift policy. article provides case study into reasoning adopted Court. It argues that, instead relying on doctrinal for justifying outcome, both courts referred to factors general public relies assess people’s deservingness welfare. finding raises fundamental questions about relationship between human rights law deservingness; calls, therefore, further research relevance criteria judicial discourse.