The decision of the European Committee of Social Rights on the merits of the complaint International Federation for Human Rights (FIDH) and Inclusion Europe v. Belgium (No. 141/2017) became public on 3 February 2021.
In their complaint FIDH and Inclusion Europe alleged that by failing to make sufficient efforts to promote the inclusion of children with intellectual disabilities in mainstream primary and secondary education provided in schools attached to the French Community (Wallonia-Brussels Federation), Belgium has failed to comply with the obligations resulting from Articles 15 (the right of persons with disabilities to independence, social integration and participation in the life of the community) and 17 (the right of children and young persons to social, legal and economic protection) read alone and Article E (non-discrimination) read in conjunction with these provisions of the revised European Social Charter.
The European Committee of Social Rights adopted its decision on the merits on 9 September 2020.
In its decision on the merits, the Committee concluded:
- unanimously that there is a violation of Article 15§1 of the Charter on the ground that the right to inclusive education of children with intellectual disabilities is not effectively guaranteed in the French Community in Belgium;
- unanimously that there is no violation of Article E read in conjunction with Article 15§1 of the Charter;
- unanimously that there is a violation of Article 17§2 of the Charter on the ground that children with intellectual disabilities do not have an effective right to an inclusive education in the French Community;
- unanimously that there is no violation of Article E read in conjunction with Article 17§2 of the Charter.
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