Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in Fédération SUD Santé Sociaux v. France, Complaint No. 226/2023, became public on 18 August 2025.

In its complaint, Fédération SUD Santé Sociaux alleged that the French Government, by adopting Decrees No. 2021-1406, No. 2021-1407, No. 2021-1408 and No. 2021-1409 of 29 October 2021 concerning the working conditions of public servants in the health and social care sector, has failed to comply with the agreements of 13 July 2020, known as the "Ségur de la Santé" Agreements, in violation of Article 6 (the right to bargain collectively) of the Charter. It further considers that the decrees at issue also establish a difference in treatment between the healthcare workers in the “active” category and those in the “sedentary” category in breach of Article E read in conjunction with Articles 6 and 4§1 (the right to a fair remuneration) of the Charter.

The ECSR considered that the issues raised did not fall within the scope of Article 4§1 as interpreted by the ECSR and decided to examine these issues solely under Article 6§2 and Article E read in conjunction with Article 6§2 of the Charter.

In its decision on the merits, the ECSR concluded:

-    by 14 votes to 1 that there is no violation of Article 6§2 of the Charter;

-    by 14 votes to 1 that there is no violation of Article E read in conjunction with Article 6§2 of the Charter.

In accordance with Rule 35§1 of the ECSR Rules, a separate dissenting opinion was appended to the decision.