The European Committee of Social Rights (ECSR) adopted during its 336th session (11-15 September 2023):
• The decision on admissibility in Amnesty International v. Greece, Complaint No. 217/2022
The complaint was registered on 2 November 2020. It relates to Article 11§1 (the right to protection of health) and Article E (non-discrimination) in conjunction of the abovementioned provision of the revised European Social Charter. Amnesty International alleges that the austerity measures (including cuts to public health expenditure and structural changes in the public health system) adopted in the health sector in Greece since the 2008 economic crisis have worsened the situation as regards access to and affordability of healthcare in breach of Article 11§1 of the Charter. Amnesty International also alleges that the regressive developments in the right to protection of health disproportionately impact certain marginalised groups due to a combination of different forms of discrimination to which they are subjected, in breach of Article E read in conjunction with Article 11§1 of the Charter.
The ECSR unanimously declared the complaint admissible on 12 September 2023.
The complaint was registered on 16 December 2022. It relates to Articles 5 (the right to organise) and 6 (the right to bargain collectively) of the revised European Social Charter. EUROMIL alleges that in Spain professional military associations are precluded from undertaking trade union activities and banned from representing members of the Armed Forces and Civil Guard in order to protect their economic and social interests in violation of Article 5 of the Charter. EUROMIL also alleges that Spain fails to promote either joint consultation or voluntary bargaining mechanisms for the purpose of regulating terms and conditions of employment by means of collective agreements between the professional military associations and the Ministries of the Interior and Defence (as employers) in violation of Article 6§§1 and 2, and that it prohibits professional military associations, as workers' organisations, from exercising the right to strike in violation of Article 6§4 of the Charter. Finally, EUROMIL maintains that the restrictions on trade union rights for members of the Armed Forces and Civil Guard is neither necessary nor appropriate within the meaning of Article G of the Charter.
The ECSR unanimously declared the complaint admissible on 12 September 2023.
The complaint was registered on 2 January 2023. It relates to Article 16 (the right of the family to social, legal and economic protection) of the 1961 European Social Charter read alone and in the light of the principle of non-discrimination contained in the Preamble of the 1961 Charter. ERRC alleges that the Czech Republic has failed to provide an effective system of pre-school education that is available, accessible, and affordable for all children on an equal basis, particularly for Roma children and children experiencing poverty and social exclusion. ERRC asserts that this is in violation of Article 16 of the 1961 Charter both read alone and in the light of the principle of non-discrimination of the Preamble to the 1961 Charter.
The ECSR unanimously declared the complaint admissible on 12 September 2023.
• The decision on the merits in Union Syndicale Solidaires SDIS v. France, Complaints No. 176/2019 and No. 193/2020
The complaints were registered on 5 February 2019 and 13 March 2020, respectively. They concern Articles 2 (the right to just conditions of work), 3 (the right to safe and healthy working conditions), 4 (right to a fair remuneration), 7 (the right of children and young persons to protection), 11 (the right to protection of health), 24 (the right to protection in case of dismissal) and E (non-discrimination) of the revised European Social Charter. SUD SDIS alleged that the legal situation of volunteer firefighters (VFFs) as defined by Articles L723-5 and L723-8 of the Code of Internal Security does not meet the requirements of Articles 2, 3, 4, 7,11 and 24 read alone as well as of Article E in conjunction with Articles 2, 3, 4, 11 and 24 of the revised European Social Charter ("the Charter") in that France does not consider VFFs as workers except on very rare occasions, to the detriment of their rights related to protection of health, to safe and healthy working conditions and to just conditions of work. SUD SDIS also alleged that France allows VFFs under the age of 18 to participate in field operations despite the fact that the dangerous nature of the occupation of firefighter is acknowledged pursuant to Article L723-1 of the Internal Security Code.
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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
• The decision on the merits in Norwegian Association of Small & Medium Enterprises (SMB Norge) v. Norway, Complaint No. 198/2021 and Fellesforbundet for Sjøfolk (FFFS) v. Norway, Complaint No. 209/2022
The complaints were registered on 26 March 2021 and 1 April 2022, respectively. They concern Article 24 (the right to protection in case of dismissal) of the revised European Social Charter. SMB Norge and FFFS alleged that the current system of selecting lay judges to sit in Norwegian courts in termination and dismissal cases violates Article 24 of the Charter in that the parties themselves nominate and decide on the lay judges who are to sit in these cases. They alleged that while this system is beneficial for some groups, it is disadvantageous to others, such as members of SMB Norge and FFFS as well as non-unionised workers.
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 a recommendation, or no later than four months after it has been transmitted to the Committee of Ministers.
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