Social Rights

The European Committee of Social Rights adopted during its 306th session (20-24 May 2019):

• The decision on admissibility and on immediate measures in the case International Commission of Jurists (ICJ) and European Council for Refugees and exiles (ECRE) v. Greece , Complaint No. 173/2018.

The complaint, registered on 30 November 2018, relates to Articles 7§10 (the right of children and young persons to protection), 11§§1 and 3 (the right to protection of health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 31§§1 and 2 (right to housing) of the Revised European Social Charter. ICJ and ECRE allege that serious systemic flaws in Greek law, policy and practice, which deprive unaccompanied children in Greece (both on the mainland and islands) and accompanied migrant children on the Greek islands of rights to housing, health, social and medical assistance, education, and social, legal and economic protection, are contrary to the obligations of Greece under the European Social Charter.

The Committee declared the complaint admissible on 22 May 2019 and decided, by 13 votes against 1, that it was necessary to indicate to the Government immediate measures which should be adopted.

• The decision on the merits in the case International Federation of Associations of the Elderly (FIAPA) v. France, Complaint No. 145/2017.

The complaint was registered on 13 March 2017. It relates to Articles 23 (the right of elderly persons to social protection) and E (non-discrimination) of the Revised European Social Charter. FIAPA alleged a violation of Article 23 read alone and Article E read in conjunction with Article 23 of the Charter on the grounds that Article 223-15-2 of the Criminal Code on the repression of the abuse of weakness as applied by the domestic courts does not ensure the effective exercise of the right of the elderly to social protection. It maintained that French legislation and the national courts do not recognise the objective nature of the state of weakness linked with advanced age.

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 no later than four months after it has been transmitted to the Committee of Ministers.