The European Committee of Social Rights adopted during its 316th session (19-23 October 2020):
The complaint was registered on 3 December 2019. It concerns Articles 4§1 (the right to a fair remuneration), 12§1 (the right to social security), 16 (the right to appropriate social, legal and economic protection for the family), 20 (the right to equal opportunities and treatment in employment and occupation without sex discrimination) and 23 (the right of elderly persons to social protection) of the Revised European Social Charter. Sindacato autonomo Pensionati Or.S.A alleges that the provisions introduced by Article 1(41) of Law No. 335 of 8 August 1995 as subsequently amended, which govern the system of reversion pensions for surviving spouses and dependants, have led to an abusive and discriminatory reduction in benefits payable to survivors in cases where there is more than one recipient or where the recipient(s) receive income from various sources, in breach of the abovementioned provisions of the Charter.
0n 20 October 2020 the European Committee of Social Rights declared the complaint admissible.
The complaint was registered was registered on 25 November 2019. It concerns Article 30 (the right to protection against poverty and social exclusion) of the Revised European Social Charter. SAESE alleged that according to projections by the National Social Security Institute (INPS) three and a half million workers aged below 35 in public education (teachers and administrative, technical and auxiliary staff – ATA) on fixed-term contracts will have to face poverty risks when retired, due to the reduction in the amount of pensions. The SAESE maintains that the minimum level for pensions is manifestly inadequate and that Italy has failed to adopt a comprehensive and co-ordinated approach to combat poverty and social exclusion,
0n 20 October 2020 the European Committee of Social Rights declared the complaint inadmissible.
- The decision on the merits in International Commission of Jurists (ICJ) v. Czech Republic, Complaint No. 148/2017
The complaint was registered on 20 March 2017. It relates to Article 17 (right of mothers and children to social and economic protection) of the European Social Charter (“the 1961 Charter”). The ICJ alleges that the situation in the Czech Republic amounts to a violation of Article 17, either alone or in light of the non-discrimination clause of the Preamble to the 1961 Charter, on the grounds that the Czech Republic has failed to ensure equal legal protection for and participation of children below the age of criminal responsibility in the pre-trial stage of juvenile justice procedures, and to ensure alternatives to formal trials.
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 European Organisation of Military Associations (EUROMIL) v. Ireland, Complaint No. 164/2018
The complaint was registered on 23 April 2018. It relates to Articles 1 (right to work) and 26§2 (the right of dignity at work) of the Revised European Social Charter. EUROMIL asked the Committee to find that the situation in Ireland constitutes a violation of Articles 1§2 and 26§2 of the Charter because there is no provision in Irish law enabling members of the Irish Defence Forces to discharge from the armed forces on grounds of conscientious objection.
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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