Droits sociaux

The decision of the European Committee of Social Rights on the merits of the complaint European Roma Rights Centre (ERRC) and Mental Disability Advocacy Centre (MDAC) v. the Czech Republic (No. 157/2017) became public on 23 November 2020.

In their complaint ERRC and MDAC alleged that the Czech Republic does not comply with its obligation to refrain from institutionalising children under the age of 3, and instead routinely places young children in child centres, especially the most vulnerable children, such as Roma children and children with disabilities and that it has failed to put in place non-institutional and family-like alternative forms of care in breach of Article 17 of the European Social Charter taken alone or in the light of the non-discrimination principle contained in the preamble of the 1961 Charter.

The European Committee of Social Rights adopted its decision on the merits on 17 June 2020.

In its decision on the merits, the Committee concluded:

• unanimously, that there is a violation of Article 17 of the 1961 Charter on the ground that the application of the legal framework of institutional care and operation of children centres as provided for by the Health Care Act does not ensure appropriate protection and care for children under the age of 3.
• unanimously, that there is a violation of Article 17 of the 1961 Charter on the ground that adequate measures have not been taken to provide children under the age of 3 with services in familybased and community-based family-type settings and to progressively de-institutionalise the existing system of early childhood care.
• unanimously, that there is a violation of Article 17 of the 1961 Charter on the ground that necessary measures have not been taken to ensure the right to appropriate protection and appropriate care services of Roma children and children with disabilities under the age of 3.