The European Committee of Social Rights (ECSR) adopted during its 330th session (17-21 October 2022):
The complaint was registered on 14 February 2022. FIAPA alleges that the situation in France constitutes a violation of Articles 15 (the right of persons with disabilities to independence, social integration and participation in the life of the community), 16 (the right of the family to social, legal and economic protection), 23 (the right of elderly persons to social protection), 30 (the right to protection against poverty and social exclusion) and 31 (the right to housing), as well as Articles E (non-discrimination) and G (restrictions) of the Charter on the grounds that the legal and judicial protection of older persons is not ensured due to France's failure to enforce the legislation on the legal protection of adults, both in civil and criminal matters. FIAPA further argues that recent reforms of the judicial system have not led to any improvement of the judicial protection of older persons, in violation of the above-mentioned provisions of the Charter.
The ECSR unanimously declared the complaint admissible on 18 October 2022 as far as it concerns Article 23 as well as Article E in conjunction with Article 23 of the Charter and declared the remainder of the complaint inadmissible.
The complaint was registered on 25 January 2022. OSEPI alleges that in the context of the COVID-19 pandemic and the distribution of COVID-19 vaccines, Bulgaria has failed to adequately protect health under Article 11 of the Charter (the right to protection of health) particularly in respect of older persons and persons with underlying health conditions, by not providing them with priority and effective access to COVID-19 vaccines during the period between December 2020 and May 2021. Moreover, OSEPI alleges that Bulgaria has failed to develop a communication campaign and strategy in relation to COVID-19 vaccines and to provide guidance and training to health care staff. Finally, OSEPI alleges that the situation as regards distribution of COVID-19 vaccines amounts to discrimination, in particular on the grounds of age and health, in violation of Article E (non-discrimination) in conjunction with Article 11 of the Charter. OSEPI further requested the Committee to indicate immediate measures to the Government in accordance with Rule 36 of the Committee’s Rules.
The ECSR unanimously declared the complaint admissible on 18 October 2022 and unanimously decided that it was not necessary to indicate any immediate measures to the Government.
The complaint was registered on 2 March 2022. The complainant organisations allege that power outages, which started in October 2020 and are still ongoing, affect parts of the Cañada Real Galiana shantytown in Madrid, Spain, and have a serious negative impact on the lives of at least 4,500 inhabitants, including about 1,800 children, constituting a breach of several provisions of the Charter, namely Articles 11 (the right to protection of health), 15 (the right of persons with disabilities to independence, social integration and participation in the life of the community), 16 (the right of the family to social, legal and economic protection), 17 (the right of children and young persons to social, legal and economic protection), 20(a) (the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex), 23 (the right of elderly persons to social protection), 27§1(a) (the right of workers with family responsibilities to equal opportunities and equal treatment), 30 (the right to protection against poverty and social exclusion) and 31 (the right to housing), as well as Article E (non-discrimination) in conjunction with each of the concerned provisions. The complainant organisations further asked the Committee to indicate immediate measures to the Government in accordance with Rule 36 of the Committee’s Rules.
The ECSR unanimously declared the complaint admissible on 19 October 2022 and unanimously decided that it was necessary to indicate immediate measures to the Government.
- The decision on the merits in Confederazione Generale Sindacale (CGS) and Federazione dei Lavoratori Pubblici e Funzioni pubbliche (FLP) v. Italy, Complaint No. 161/2018
The complaint was registered on 13 April 2018. CGS and FLP alleged that Italy had violated Articles 5 (right to organise), 6§2 (right to bargain collectively) 21 (a) and (b) (right to information and consultation), 22 (a) (b) and (c) (right to take part in the determination and improvement of the working conditions and working environment) as well as Article E (non-discrimination) in conjunction with each of the aforementioned provisions of the Charter, on the ground that the National Collective Agreement of 12 February 2018 for public sector workers and public functions of the Central Functions Branch for the three-year period 2016-18 deprived them of their trade union rights by excluding them from any subsequent participation in collective bargaining as a result of their unwillingness to sign this agreement.
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 European Disability Forum (EDF) and Inclusion Europe v. France, Complaint No. 168/2018
The complaint was registered on 14 May 2018. EDF and Inclusion Europe alleged that by failing to implement measures to guarantee sufficient and effective access for persons with disabilities to personal assistance, services and facilities, including those necessary for the inclusion of children with disabilities into mainstream education, France does 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 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). Moreover, 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 (namely those who support their disabled family member(s)) to equal opportunities and equal treatment (Article 27§1). Finally, the complainant organisations also alleged that the lack of effective access for persons with disabilities to an independent life within the community constitutes discrimination in violation of Article E of the Charter in conjunction with each of the substantive articles that they invoked except Article 30.
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 Associazione nazionale sindacato professionisti sanitari della funzione infermieristica - Nursing Up v. Italy, Complaint No. 169/2018
The complaint was registered on 9 July 2018. Nursing Up alleged that, pursuant to Legislative Decree No. 165/2001 and the Collective Agreement for the Public Health-Sector Workers (NCLA) of 21 May 2018, representative trade unions – Nursing Up among them – have been excluded from any subsequent participation in collective bargaining because of their refusal to sign the NCLA. The complainant trade union alleged that this situation violates Articles 5 (right to organise), 6§2 (right to bargain collectively), 21 (a) and (b) (right to information and consultation), 22 (a) (b) and (c), (right to take part in the determination and improvement of the working conditions and working environment) and E (non-discrimination), as well as Article E (non-discrimination) in conjunction with each of the provisions concerned of the Charter
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 Syndicat CFDT général des transports et de l’environnement de l'Aube v. France, Complaint No. 181/2019 and Syndicat CFDT de la métallurgie de la Meuse v. France, Complaint No. 182/2019
The complaints were registered on 20 May 2019. In both complaints, the complainant trade unions alleged that the French Labour Code as amended by Ordinance No. 2017-1387 of 22 September 2017, and more particularly the provisions of Articles L. 1233-2, L. 1233-4, L. 1233-4, L. 3133-1, L. 3133-3, L. 3133-4, L. 3133-5, L. 3253-8, L. 3253-9, L. 3253-10, L. 3253-14, L. 3253-17 and D 3253-5 of the Labour Code are in breach with Articles 2 (the right to just conditions of work), 24 (the right to protection in case of dismissal), 25 (the right of workers to the protection of their claims in the event of the insolvency of their employer) and 29 (the right to information and consultation in collective redundancy procedures) of the Charter.
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.
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter
