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Decisions adopted by the European Committee of Social rights at its 308th session

Strasbourg 20/09/2019
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Decisions adopted by the European Committee of Social rights at its 308th session

The European Committee of Social Rights adopted during its 308th session (9-13 September 2019):

The complaint registered on 17 September 2018 relates to Article 12§§1 and 3 (the right to social security), and Article 13§1 (the right to social and medical assistance) of the Revised European Social Charter. The Finnish Society of Social Rights alleges that the minimum level of several social security and social assistance benefits and the labour market subsidy fall short of the requirements of the Charter, in breach of the abovementioned provisions of the Charter. In particular, the complainant organisation claims that during the years 2015-2018 the Government of Finland introduced considerable cut to social security and social assistance benefits and with these measures worsened the economic situation of low-income citizens.

The Committee declared the complaint admissible on 11 September 2019

  • The decision on the merits in the case Central Union for Child Welfare (CUCW) v. Finland, Complaint No. 139/2016.

The complaint registered on 14 November 2016 relates to Articles 16 (right of the family to social, legal and economic protection), 17 (right of children and young persons to social, legal and economic protection), and 27 (right of workers with family responsibilities to equal opportunities and equal treatment), read alone or in conjunction with Article E (non-discrimination) of the Revised European Social Charter. The CUCW alleged that the amendment to the Act on Early Childhood Education and Care, which entered into force on 1 August 2016 and restrict the individual entitlement to early childhood education and care to 20 hours per week where one of the parents is unemployed or on maternity, paternity or parental leave for a sibling, fails to meet the requirements of the above mentioned provisions of the Charter.

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.

  • The decision on the merits in the case Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, Complaint No. 158/2017.

The complaint registered on 6 October 2017 relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. CGIL alleged that the situation in Italy constitutes a violation of Article 24 of the Charter on the grounds that the predefined compensation mechanism set up by Legislative decree No. 23/2015 does not allow victims of unlawful dismissals to obtain through the domestic judicial procedure a compensation which would be adequate to cover the damage suffered and dissuasive for employers, as there is a ceiling on this compensation and the amount awarded is automatically calculated strictly on the basis of length of service

Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.


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