The complaint was registered on 13 December 2011. It concerns the situation of highly dependent disabled adults in need of reception facilities and accommodation, and their relatives. The complainant organisation alleges that Belgium has not taken adequate measures to comply with Articles 13 (right to social and medical assistance), 14 (right to benefit from social welfare services), 15 (the right of persons with disabilities), 16 (right to appropriate social, legal and economic protection for the family), taken alone or in combination with Article E (non discrimination) of the European Social Charter (Revised).

• Case Document no. 1, Complaint registered at the Secretariat on 13 December 2011
• Case Document no. 2, Submissions on the merits (French only)
• Case Document no. 3, Response to the submissions of the Government on the merits (French only)
• Case Document no. 4, Observations by Centre de l'Egalité des Chances pour la lutte contre le racisme (French only)

The European Committee of Social Rights declared the complaint admissible on 22 March 2012.

The European Committee of Social Rights unanimously concluded  that there are violations of Articles 14§1, 16, and 30 of the Charter, that there is a violation of Article E taken in conjunction with Article 14§1 of the Charter due to the fact that Belgium is not creating sufficient day and night care facilities to prevent the exclusion of many highly dependent persons with disabilities from services appropriate to their specific needs, that there is no violation of Article E taken in conjunction with Article 14§1 of the Charter due to the fact that the Brussels-Capital Region has no institutions providing advice and personal assistance to the disabled, that no separate question is raised under article 13§3 of the Charter, and that there is no violation of Article E taken in conjunction with Articles 13§3 and 15§3 of the Charter. The Committee transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 26 March 2013.

The Committee of Ministers adopted Resolution Res ChS (2013) 16 on 16 October 2013.
 

 Decision on admissibility of the Complaint 75/2011

 Decision on the merits of the Complaint 75/2011

 Resolution ResChS(2013)16 of the Committee of Ministers on 16 October 2013

 Findings of the European Committee of Social Rights on the follow-up of the Complaint