Accessing Social Rights for Vulnerable Groups Without an Address

Abstract

The European Pillar of Social Rights (EPSR) underscores the importance of ensuring access to rights and services for marginalized groups. However, in many European countries, access to social rights depends on prerequisites often unattainable for vulnerable groups. A critical barrier is the requirement to provide proof of address, a condition that disproportionately affects people experiencing homelessness (PEH). While the Homeless Bill of Rights recognizes the right to a postal address as a potential remedy to this issue, empirical research suggests this right remains largely inaccessible in practice. Furthermore, the literature highlights that welfare conditionality increasingly restricts access to social rights, as the imposition of stringent eligibility criteria and punitive measures for non‐compliance disproportionately impacts vulnerable groups. This study investigates the intersection of legal and sociological perspectives on access to social rights for individuals without a fixed abode, focusing on one case study: "the reference address." This alternative registration enables PEH to meet the proof‐of‐address requirement for social benefits in Belgium. Moreover, this study assesses how this policy aligns with international human rights standards, including the European Social Charter (ESC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), and whether it adequately meets the needs of their target group. Based on the evaluation of both the "law in books" and "law in practice," a comprehensive review of the reference address is necessary to address discrepancies both in legislation, and between legislation and implementation, to consider less stringent conditionality, and ensure an inclusive procedure containing effective legal remedies.