Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in European Disability Forum (EDF) and Inclusion Europe v. France, Complaint No. 168/2018 became public on 17 April 2023.

In their complaint, EDF and Inclusion Europe alleged that by failing to implement measures to guarantee sufficient and effective access for persons with disabilities to social support services and facilities, including those necessary for the inclusion of children with disabilities into mainstream education, France did not respect the right of persons with disabilities to live an independent life within the community, social integration and full participation in the life of the community in violation of Article 15§3 of the revised European Social Charter. According to the complainant organisations, this situation also prevented the effective enjoyment by persons with disabilities of the right to benefit from social welfare services (Article 14§1), the right to protection from poverty and social exclusion (Article 30), the right to housing (Article 31§1 and 3) and the right to protection of health (Article 11§1). 
In addition, according to the complainant organisations, in the absence of effective access for persons with disabilities to an independent life within the community, many families were placed in a vulnerable situation in violation of both their right  to social, legal and economic protection (Article 16) and the right of workers with family responsibilities to equal opportunities and equal treatment (Article 27§1). 
The complainant organisations also alleged that the lack of effective access for persons with disabilities to an independent life within the community constituted discrimination in violation of Article E of the Charter, in conjunction with each of the substantive articles that they invoked, except Article 30.  

The European Committee of Social Rights (ECSR) decided to examine the allegations of the complainant organisations solely from the angle of Article 15§§1 and 3, Article 11§1 and Article 16 of the Charter and adopted its decision on the merits on 19 October 2022.

In its decision on the merits, the ECSR concluded:

• unanimously that there is a violation of Article 15§3 of the Charter because of the failure of the authorities (i) to adopt effective measures within a reasonable timeframe with regard to the access to social support services and to financial support; (ii) to adopt effective measures within a reasonable timeframe with regard to the accessibility of buildings and facilities (iii) to adopt effective measures within a reasonable timeframe with regard to the accessibility of public transport; (iv) to develop and adopt a coordinated policy for social integration and participation in the life of the community by persons with disabilities;

• unanimously that there is a violation of Article 15§1 of the Charter because of the failure of the authorities to adopt effective measures within a reasonable timeframe to remedy the ongoing long-standing problems related to the inclusion of children and adolescents with disabilities in mainstream schools; 

• unanimously that there is a violation of Article 11§1 of the Charter on the grounds that the authorities have failed to adopt effective measures within a reasonable timeframe to remedy long-standing problems related to access to health care services for persons with disabilities; 

• unanimously that there is a violation of Article 16 of the Charter on the ground that the shortage of support services and the lack of accessibility of buildings and facilities and public transport, causes many families to live in precarious circumstances, and thus amounts to a lack of protection of the family.