Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in Associazione Professionale e Sindacale (ANIEF) v. Italy, Complaint No. 200/2021, became public on 22 December 2025.

In its complaint, ANIEF alleged that the system established in Italy to provide educational assistance to pupils with disabilities breaches Articles 1§§1 and 2 (right to work) and Article 15 (right of persons with disabilities to independence, social integration and participation in the life of the community), and Article E (non-discrimination) of the revised European Social Charter due to:

• the precarious employment of the majority of support teachers for pupils in need of educational assistance (over 56% of them are recruited under contracts that end every 30 June);
• the fact that most (79%) of these support teachers are not specialised in teaching pupils with disabilities;
• the systematic replacement of support teachers every school year, affecting 170 000 pupils with disabilities (59% of all of these pupils), and the consequent lack of educational continuity for these pupils;
• the fact that many families of pupils with disabilities have to go to court every year for the assignment of a support teacher or more hours of educational assistance.

In its decision on the merits, the ECSR concluded:

• Unanimously that there is a violation of Article 1§2 of the Charter on the ground that a high proportion of support teachers for pupils with disabilities are employed under precarious conditions;

• Unanimously that there is a violation of Article 1§2 of the Charter on the ground that a high proportion of support teachers for pupils with disabilities lack the required specialisation in inclusive education;

• Unanimously that there is a violation of Article 15§1 of the Charter on the ground that access of pupils with disabilities to inclusive education is hindered by the ongoing employment insecurity of a significant proportion of support teachers and a lack of specialisation in inclusive education for one in three support teachers;

• Unanimously that there is no violation of Article 15§1 of the Charter as regards legal action for the assignment of a support teacher or additional educational assistance hours.