The European Committee of Social Rights (ECSR) adopted during its 344^th session (14-18 October 2024):

• The decision on admissibility in Confederación Intersindical Galega (CIG) v. Spain, Complaint No. 231/2023

The complaint was registered on 6 June 2023. It relates to Article 4§1 (the right to a fair remuneration) of the Revised European Social Charter. The trade union Confederación Intersindical Galega (CIG) alleges that there is a breach of Article 4§1 of the Charter, through on the grounds that the 2023 national inter-professional minimum wage as established by Royal Decree 99/2023 of 14 February 2023, is not sufficient to guarantee a decent standard of living for workers and their families.

The ECSR unanimously declared the complaint admissible on 16 October 2024.

• The decision on the merits in European Federation of National Organizations Working with the Homeless (FEANTSA) v. Belgium, Complaint No. 203/2021

The complaint was registered on 12 May 2021. It relates to Articles 11 (the right to protection of health), 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), 19§4.c (the right of migrant workers and their families to protection and assistance) and 30 (the right to protection against poverty and social exclusion) and E (non-discrimination) in conjunction with each of these provisions of the Revised European Social Charter. In its complaint, FEANTSA alleged that the situation in Belgium is in violation of the aforementioned provisions of the Charter on the ground that the measures taken to the realise the right to housing of vulnerable groups in the Flemish Region are insufficient. More specifically, FEANTSA alleged that there is a shortage of social housing and that other housing support measures for vulnerable households are insufficient, that certain eligibility conditions for social housing are discriminatory, that vulnerable households are forced to live in inadequate rental dwellings, that the practical implementation of the prohibition of discrimination as regards access to rental dwellings is deficient, and that the measures taken to prevent and reduce homelessness are insufficient.

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 Confederazione Generale Sindacale CGS, Federazione GILDA-UNAMS and Sindacato Nazionale Insegnanti Di Religione Cattolica v. Italy, Complaint No. 192/2020

The complaint was registered on 6 March 2020. It concerns Articles 1§§1 and 2 (the right to work), 4§§1 and 4 (the right to a fair remuneration), 5 (the right to organise), 6§4 (the right to bargain collectively), 24 (the right to protection in case of dismissal) read alone and E (non-discrimination) in conjunction with each of these provisions of the Revised European Social Charter. In their complaint, the complainant organisations alleged that teachers of Catholic religious education on fixed-term contracts are discriminated against teachers of other subjects in public schools due to Italy’s failure to hold extraordinary recruitment procedures to grant tenured status in respect of the former category and to the limit of 70% (instead of 100%) of vacant and available positions applied when determining the number of posts to be covered by indefinite contracts in respect of Catholic religious education teachers. The complainant organisations also claimed that teachers of Catholic religious education in public schools are further discriminated due to the impossibility of obtaining the automatic conversion of fixed-term contracts into contracts of indefinite duration [once the maximum limit of renewal has been exceeded], as it occurs in the private sector. The complainant organisations alleged that this situation amounts to a violation of Articles 1§§1 and 2, 4§§1 and 4, 5, 6§4 and 24 as well as Article E 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.