Facts
[A.] has been the co-owner (hereditary community) with her sisters B. and C. of a building in D. since 1969. On October 8, 2018, [A.] applied for social assistance benefits from the Supplementary Benefits Service (SPC) of the canton of Geneva, stating that she had a disability pension of 752 francs per month as her only income and that she lived with her daughter and son. The SPC rejected her application on the grounds that her assets exceeded the applicable standards due to the value of the property held in joint ownership.
[A.] appealed against this decision. The Administrative Chamber of the Court of Justice of the Republic and Canton of Geneva dismissed her appeal. The Federal Tribunal partially upheld the public law appeal filed by [A.] against this judgment, referring the case back to the SPC to determine the amounts to be allocated to the appellant, taking into account her needs and the cantonal regulations.
Considerations
According to the Federal Tribunal, Art. 12 Cst. guarantees the right to a minimum standard of living in accordance with human dignity. This right is incumbent on the cantons, which are free to determine the nature and modalities of the benefits to be provided as emergency assistance.
In the canton of Geneva, social assistance is governed by the cantonal law of March 22, 2007 on integration and individual social assistance (LIASI). According to this law, financial assistance benefits are not granted to persons whose assets exceed certain limits set by regulation. However, Art. 12 Cst. requires that assistance be granted on a transitional basis when the person does not have immediately available or short-term realizable resources, even if their assets exceed the regulatory limits.
In the present case, the appellant could not freely dispose of the property held in hereditary community with her sisters. Therefore, the cantonal judges violated Art. 12 Cst. by refusing her…