UN reprimand: Germany violates social rights of refugees!

UN reprimand: Germany violates social rights of refugees!

In a recently published decision, the UN Committee on Economic, Social and Cultural Rights reprimanded Germany. The reason? A 20-year-old Syrian refugee who came to Germany under the Dublin procedure was not provided with the essentials of life by the authorities. This is the first reprimand of this committee against Germany for violating the UN social pact PRO ASYLUM reported. The interim order, issued on October 17, 2025, calls for the young man to be immediately housed and supported after a long odyssey that began in 2024.

The person affected, who fled to Germany in the summer of 2024, had previously applied for asylum in Malta. The Federal Office for Migration and Refugees (BAMF) declared Malta responsible for his asylum procedure, which meant that he was withdrawn from all support in the Ilm district in December 2024. This was a result of the new Asylum Seekers Benefits Act, which allows such deletions for Dublin cases. Loud MDR Since then, the refugee has no longer had regular access to accommodation, food or medical care. Living was only possible thanks to the help of friends and volunteers.

Social rights in focus

The UN committee's complaint highlights the serious grievances in the German asylum system. Under the new regulations, which came into force at the end of October 2024, refugees in the Dublin procedure were deprived of their right to social benefits, with a temporary 14-day transition period. Experts had already pointed out possible legal violations before these regulations were introduced, but the traffic light government continued its restrictive asylum policy undeterred. The assessment of the authorities also plays a role here, as they often do not check whether a return trip to Malta is realistic.

The difficult situation is also reinforced by the colorful practices of the individual authorities. While some still offer support, others refuse it entirely. In Thuringia, for example, some district offices are particularly restrictive and deny not only adults but also children the necessary services. In February 2025, PRO ASYL reported on a case in Baden-Württemberg where a woman in poor health was forced out of social welfare in sub-zero temperatures. The UN committee sees this as a clear violation of human rights, as the International Covenant on Economic, Social and Cultural Rights guarantees the right to housing, food, health and social security without discrimination.

Legal disputes

The legal disputes surrounding the withdrawal of benefits are far-reaching and complicated. Over 60 courts in Germany have stopped the withdrawal of benefits in urgent proceedings, which shows that the existing regulation is based on European and constitutional law. The Federal Constitutional Court referred the case to an administrative court, but this ultimately did not lead to any clarification. The young man has now turned to the UN Social Committee with the support of his lawyer and the Society for Civil Rights (GFF).

The traffic light government justifies the deletions by arguing that those affected could “voluntarily” leave for the responsible state, which, however, seriously questions the practice. Reports repeatedly show that many refugees have had bad experiences in the other EU countries to which they are supposed to return and are afraid of returning. PRO ASYL and the Thuringia Refugee Council are all the more urgent in calling for an immediate end to the cuts in benefits for refugees and the legal abolition of all cuts to the subsistence level.