The European Committee of Social Rights adopted during its 315th session (7-11 September 2020):
The complaint was registered on 5 December 2019. It concerns Article 11§1 (right to protection of health) of the European Social Charter (the 1961 Charter) and Article 4 (Right of elderly persons to social protection) of the 1988 Additional Protocol to the 1961 Charter. Validity alleges that in the Czech Republic mentally disabled persons and elderly persons with dementia suffer abuse in hospitals and psychiatric wards as a result of being placed in cage-beds or netted cage-beds. It argues that the use of such restraints interferes both with the right to the protection of health and the right of elderly persons to social protection in breach of the abovementioned provisions of the 1961 Charter and of the 1988 Additional Protocol.
The Committee declared the complaint admissible on 9 September 2020.
The complaint was registered on 20 January 2020. It concerns Articles 16 (the right of the family to social, legal and economic protection) and 17 (the right of mothers and children to social and economic protection) of the European Social Charter (the 1961 Charter) read alone and in the light of the non-discrimination principle contained in the preamble of the 1961 Charter. The ERRC alleges that the Czech Republic has failed in its duty to collect and analyse data allowing it to implement effective policies that would mitigate the disproportionately high number of Roma children, including infants, being institutionalized in violation of Articles 16 and 17 of the 1961 Charter. The ERRC furthermore alleges that this situation amounts to discrimination in violation of Articles 16 and 17 of the 1961 Charter read in the light of the non-discrimination clause laid down in the Preamble to said Charter.
The Committee declared the complaint admissible on 9 September 2020.
- The decision on the merits in International Federation for Human Rights (FIDH) and Inclusion Europe v. Belgium, Complaint No. 141/2017
The complaint was registered on 18 January 2017. It relates to Articles 15 (the right of persons with disabilities to independence, social integration and participation in the life of the community) and 17 (the right of children and young persons to social, legal and economic protection) read alone or in conjunction with Article E of the revised European Social Charter. FIDH and Inclusion Europe alleged that by failing to make sufficient efforts to promote the inclusion of children with intellectual disabilities in mainstream primary and secondary education provided in schools attached to the French Community (Wallonia-Brussels Federation), Belgium has failed to comply with the obligations resulting from the abovementioned provisions of the Charter.
Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.
- The decision on the merits in Fédération de syndicats des métiers de l'ingénierie, de l'informatique, du conseil, de la formation, des bureaux et d'études (FIECI) and Syndicat National de l’Encadrement du Personnel de l’Ingénierie (SNEPI CFE-CGC) v. France, Complaint No. 142/2017
The complaint was registered on 23 January 2017. It relates to Article 5 (right to organise) of the revised European Social Charter. The complainant organisations alleged that Article L. 2143-3 of the French Labour Code, as interpreted by the courts, is in a violation of the principle of freedom of association enshrined in Article 5 of the Charter, on the ground that it unreasonably restricts the freedom of a trade union to freely choose its own trade union representatives.
Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.
- The decision on the merits in Confederazione Generale Sindacale (CGS) v. Italy, Complaint No. 144/2017
The complaint was registered on 7 March 2017. It relates to Articles 1 (right to work), 4 (right to a fair remuneration), 6 (right to bargain collectively) 24 (right to protection in case of dismissal) and E (non-discrimination) of the revised European Social Charter. CGS alleged that, while the Italian legislation provides that private sector workers can obtain indefinite duration contracts when their fixed-term contracts are renewed beyond certain terms, this does not apply to public sector workers, in particular teaching and non-teaching staff (administrative, technical and auxiliary staff) in public education (nursery, primary and secondary schools), thus discriminating them and jeopardising their situation in violation of Articles 1§1, 1§2, 4§1, 4§4, 5, 6§4, 24 and E in conjunction with each of the provisions concerned of the Charter.
Pursuant to Article 8§2 of the Protocol providing for a system of collective complaints, this decision will not be made public until after the Committee of Ministers has adopted a resolution, or no later than four months after it has been transmitted to the Committee of Ministers.
The European Committee of Social Rights is the monitoring body of the European Social Charter. It is composed of 15 independent, impartial members which are elected by the Council of Europe’s Committee of Ministers for a period of six years, renewable once.
The European Committee of Social Rig
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