The decision on the merits of the complaint lodged by International Federation for Human Rights (FIDH) against Belgium is now public

International Federation for Human Rights (FIDH), Complaint No. 75/2011

[29/07/2013] The complaint was registered on 13 December 2011.

The complainant organisation alleges that the failure to offer a sufficient number of care and accommodation solutions deprives highly dependent adults with disabilities and their families of effective access to social and medical assistance, social services and housing, and of their autonomy, social integration and opportunities to take part in community life, in violation of Articles 133, 14 and 16, taken alone or in conjunction with Article E. Moreover, according to the FIDH, this lack of legal and social protection exposes them to lasting poverty and exclusion in violation of Article 30, taken alone or in conjunction with Article E.

In its decision, the European Committee of Social Rights concluded unanimously that:

there is a violation of Article 141 of the Charter;
no separate question is raised under Article 133 of the Charter;
there is no violation of Article 153 of the Charter;
there is a violation of Article 16 of the Charter;
there is a violation of Article 30 of the Charter;
there is a violation of Article E taken in conjunction with Article 141 of the Charter, due to the fact that Belgium is not creating sufficient day and night care facilities to prevent the exclusion of many highly dependent persons with disabilities from this form of social welfare service appropriate to their specific, tangible needs.
-  there is no violation of Article E taken in conjunction with Article 141 of the Charter due to the fact that the Brussels-Capital Region has no institutions giving advice and personal help to people with disabilities;
there is no violation of Article E taken in conjunction with Article 133 of the Charter;
there is no violation of Article E taken in conjunction with Article 153 of the Charter.

Decision on the merits Summary of the decision on the merits Collective Complaints website


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