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Decision on complaint CGIL v. Italy, No. 91/2013 became public

Strasbourg 11/04/2011
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Decision on complaint CGIL v. Italy, No. 91/2013 became public

The decision of the European Committee of Social Rights on admissibility and the merits of the complaint Confederazione Generale Italiana del Lavoro (CGIL) v. Italy became public on 11 April 2016. In its decision the Committee concluded:

  • unanimously, that there is a violation of Article 11§1 of the Charter  (the right to health);
  • by 9 votes to 2, that there is a violation of Article E (non-discrimination clause) read in conjunction with Article 11 of the Charter ;
  • by 6 votes to 5, that there is a violation of Article 1§2 of the Charter (the right to work) on the grounds of the difference in treatment between objecting and non-objecting medical practitioners ;
  • unanimously, that there is no violation of Article 1§2 of the Charter in relation to the allegation of forced or compulsory labour;
  • unanimously, that there is no violation of Articles 2§1 (the right to just conditions of work) and 3§3 (the right to safe and healthy working conditions) of the Charter ;
  • by 7 to 4, that there is a violation of Article 26§2 (the right of dignity at work) of the Charter ;
  • unanimously, that no separate issue arises under Article E taken together with Articles 2§1, 3§3 and 26§2 of the Charter.

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