The European Committee of Social Rights (ECSR) adopted during its 348th session (12-16 May 2025):

• The decision on admissibility and immediate measures in International Movement ATD - Fourth World v. Spain, Complaint No. 241/2024

The complaint was registered on 4 June 2024. It relates to Articles 1 (the right to work), 7 (the right of children and young persons to protection), 13 (the right to social and medical assistance), 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), 19 (the right of migrant workers and their families to protection and assistance), 20 (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 (the right of workers with family responsibilities to equal opportunities and equal treatment), 30 (the right to protection against poverty and social exclusion), 31 (the right to housing) and E (non-discrimination) of the revised European Social Charter. ATD Fourth World alleges that several provisions of the Law No. 19/2021 establishing minimum subsistence income are in violation of the Charter on the following grounds: the issue of compatibility conditions for accessing both the minimum subsistence income and income from work or an independent economic activity; the automatic granting of the minimum subsistence income to households previously in receipt of the dependent child allowance and the withdrawal or modification of the benefits received, as well as proceedings to claim undue payments; the inadequate amount of the minimum subsistence income, the conditions for granting it which exclude part of the population in need (residence, age limit requirements); the possibility of suspending or discontinuing minimum subsistence income; the fact that the Autonomous Communities set different criteria for access to the minimum subsistence income and those for other minimum incomes, the fact that time limits and the system for recovering undue payments are inadequate. ATD Fourth World further alleges that all these issues particularly affect households with persons with disabilities, children and adolescents or vulnerable families (especially single-parent and large families. Further allegations are about the minimum subsistence income not being compatible with the earned income; the possibility of discontinuing the minimum subsistence income on different grounds under regional and national legislation, the fact that the procedure of granting minimum subsistence income is lengthy, there is no effective review of whether the minimum subsistence benefits have been granted correctly and there are shortcomings in the management of the system and the system for recovering undue payments is inadequate. Furthermore, where recipients of the minimum subsistence income and other members of the household do not satisfy the obligation to participate in integration programs for benefit recipients, ATD Fourth World alleges that there are no regulations establishing the consequences of that non-satisfaction and there is no protection against possible conflicts between participation in inclusion strategies and family responsibilities, as well as salaried employment. Finally, there is no coordination between the central Government and the Autonomous Communities which leads to a reduction in the level of protection of the rights of minimum subsistence income; the amount of the minimum subsistence income is not increased to take into account housing costs, and families that are minimum subsistence income beneficiaries can be evicted; the most disadvantaged members of society are discriminated against, in violation of Article E of the Charter read in conjunction with the Articles 1§2, 7§10, 13§1, 15§3, 16, 17, 19, 23, 27, 30, 31. 

On 15 May 2025, the ECSR unanimously declared the complaint admissible as far as it concerns Articles 13§1, 15§3, 16, 17, 30, 31 alone and Article E in conjunction with these provisions of the Charter and declared the remainder of the complaint inadmissible.

As to the request for immediate measures, the ECSR considered that, as submitted, the request did not establish a tangible situation in which the persons concerned by the complaint face a risk of a serious irreparable injury or harm as required by the Rule 36§1 of the Rules and therefore decided, by 14 votes to 1, that it was not necessary to indicate any immediate measures to the Government.