Indietro No. 241/2024 International Movement ATD - Fourth World v. Spain

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), 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 certain provisions of Law 19/2021 of 20 December 2021 relating to the minimum subsistence income (LIMV) lay down a number of requirements for the granting and continuation of this benefit, in violation of the aforementioned provisions of the Charter. In particular, ATD Fourth World complains about the inadequacy of the amounts allocated to this benefit, the requirements in term of age or legal residence, the time limits for allocation and the annual review procedures, which sometimes lead to restitution for undue payments, thus exacerbating the vulnerable situation of some beneficiaries. Finally, ATD Fourth World considers that the LIMV and its application confirm the discriminatory treatment of the most disadvantaged people in society.

​​ Case-document No. 1, Complaint registered on 4 June 2024 

 The European Committee of Social Rights declared the complaint partially admissible on 15 May 2025.

 Decision on admissibility and immédiate measures of the Complaint No. 241/2024 

​​ Case-document No. 2, Submissions of the Government on the merits  (In English, original text in Spanish)

​​ Case-document No. 3, Response from the International Movement ATD-Fourth World to the Government's submissions on the merits (In French) (Text in Spanish)

​​ Case-document No. 4, Reply of the Government on the response on the submission on the merits  (In English, original text in Spanish)

 

Countries
Albania
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Finland
France
Greece
Ireland
Italy
Netherlands (the)
Norway
Portugal
Slovenia
Spain
Sweden
Reset Filter

Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex

Tél. +33 (0)3 90 21 49 61

www.coe.int/socialcharter

@CoESocialRights

 

Contact us