Refworld | Gayguz v. Atria

Contents:

• GAYGUZ V. ATRIA
• GAYGUZ V. ATRIA

GAYGUZ V. ATRIA

Lucy Gayguz. In the se of Gayguz v.

The se was referred to the Court by a Turkish natnal, Mr Cevat Gayguz ("the applint") on 20 April 1995, wh the three-month perd laid down by Article 32 para.

17371/90) agast the Republic of Atria lodged by Mr Gayguz wh the European Commissn of Human Rights ("the Commissn") unr Article 25 (art. Mr Cevat Gayguz, a Turkish natnal born 1950, lived Hörschg (Upper Atria) om 1973 until September 1987.

GAYGUZ V. ATRIA

Mr Gayguz appealed agast the above cisn to the Upper Atria Regnal Employment Agency (Lansarbesamt). On 16 May 1988 the Admistrative Court asked Mr Gayguz to expand on his applitn. It noted that the applitn, as expand by Mr Gayguz, referred solely to the nstutnaly of sectn 33 (2) (a) of the Unemployment Insurance Act.

Mr Gayguz applied to the Commissn on 17 May 1990. Mr Gayguz plaed of the Atrian thori' refal to grant him emergency assistance on the ground that he did not have Atrian natnaly, which was one of the ndns laid down sectn 33 (2) (a) of the 1977 Unemployment Insurance Act (see paragraph 20 above) for entlement to an allowance of that type. The Court not the first place that Mr Gayguz was legally rint Atria and worked there at certa tim (see paragraph 10 above), payg ntributns to the unemployment surance fund the same pacy and on the same basis as Atrian natnals.

It nsirs, like the Commissn, that the difference treatment between Atrians and non-Atrians as regards entlement to emergency assistance, of which Mr Gayguz was a victim, is not based on any "objective and reasonable jtifitn". Mr Gayguz further plaed that he had not had accs to a tribunal wh full jurisdictn and that he had not had a fair hearg. Mr Gayguz also plaed of terference wh his fay life, ntrary to Article 8 of the Conventn (art.

For pecuniary damage Mr Gayguz claimed 800, 000 Atrian schillgs (ATS), rrpondg to the amount of emergency assistance he had been prived of om 1987 to 1993. Makg an asssment on an equable basis the light of the rmatn s posssn and s own se-law on the qutn, the Court awards Mr Gayguz ATS 100, 000.

Lucy Gayguz, Tstee at Open Door, tells Rob Pearman about the plans to help and then keep lol rough sleepers off the streets for the send Covid wter. We are lookg for more volunteers, so if you would like to be volved or fd out more about the project please ntact Lucy Gayguz at For more rmatn about Open Door vis Gayguz, Open Door.

The Award me wh special mendatn to Kerry Pollard and Lucy Gayguz; tste of the Chary.