European Social Charter

The decision on the merits of the complaint lodged by Action européenne des handicapés (AEH) against France is public

European Action of the Disabled (AEH) v. France, Complaint No. 81/2012

[05/02/2014] The complaint was registered on 3 April 2012.

The complainant organisation alleges that France does not comply with its obligations under Articles 10 (right to vocational training), 15 (right of persons with disabilities to independence, social integration and participation in the life of the community), taken alone or in combination with Article E (non discrimination) of the European Social Charter (Revised).

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

- unanimously, that there is a violation of Article 15§1:

• with regard to the right of children and adolescents with autism to be educated primarily in mainstream schools ;
• with regard to the right of young persons with autism to vocational training;
• because the work done in specialised institutions caring for children and adolescents with autism is not predominantly educational in nature.

- by 9 votes to 4, that there is a violation of Article E taken in conjunction with Article 15§1, because families have no other choice than to leave the national territory in order to educate their children with autism in a specialised school, which constitutes a direct discrimination against them;

- by 8 votes to 5, that there is a violation of Article E taken in conjunction with Article 15§1, because the limited funds in the state’s social budget for the education of children and adolescents with autism indirectly disadvantages these persons with disabilities.

On 5 February 2014 the Committee of Ministers adopted Resolution CM/ResChS(2014) 2 concerning the follow up of the decision on the merits.

Complaint No. 81/2012
Decision on the merits
Summary of the deicison of the merits

 Resolution CM/ResChS(2014) 2
Collective complaints website