The European Social Charter

Back Decisions adopted by the European Committee of Social rights at its 306th session

The European Committee of Social Rights adopted during its 306th session (20-24 May 2019):

The decision on admissibility and on immediate measures in the case International Commission of Jurists (ICJ) and European Council for Refugees and exiles (ECRE) v. Greece , Complaint No. 173/2018.

The complaint, registered on 30 November 2018, relates to Articles 7§10 (the right of children and young persons to protection), 11§§1 and 3 (the right to protection of health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 31§§1 and 2 (right to housing) of the Revised European Social Charter. ICJ and ECRE allege that serious systemic flaws in Greek law, policy and practice, which deprive unaccompanied children in Greece (both on the mainland and islands) and accompanied migrant children on the Greek islands of rights to housing, health, social and medical assistance, education, and social, legal and economic protection, are contrary to the obligations of Greece under the European Social Charter.

The Committee declared the complaint admissible on 22 May 2019 and decided, by 13 votes against 1, that it was necessary to indicate to the Government immediate measures which should be adopted.

The decision on the merits in the case International Federation of Associations of the Elderly (FIAPA) v. France, Complaint No. 145/2017.

The complaint was registered on 13 March 2017. It relates to Articles 23 (the right of elderly persons to social protection) and E (non-discrimination) of the Revised European Social Charter. FIAPA alleged a violation of Article 23 read alone and Article E read in conjunction with Article 23 of the Charter on the grounds that Article 223-15-2 of the Criminal Code on the repression of the abuse of weakness as applied by the domestic courts does not ensure the effective exercise of the right of the elderly to social protection. It maintained that French legislation and the national courts do not recognise the objective nature of the state of weakness linked with advanced age.

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.

Strasbourg 20/06/2019

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THE CHARTER AT A GLANCE

The European Social Charter is a Council of Europe treaty that guarantees fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare.

The Charter lays specific emphasis on the protection of vulnerable persons such as elderly people, children, people with disabilities and migrants. It requires that enjoyment of the abovementioned rights be guaranteed without discrimination.

No other legal instrument at pan-European level can provide such an extensive and complete protection of social rights as that provided by the Charter, which also serves as a point of reference in European Union law; most of the social rights in the EU Charter of Fundamental Rights are based on the relevant articles of the Charter.

The Charter is therefore seen as the Social Constitution of Europe and represents an essential component of the continent’s human rights architecture.

The 7th edition of the Collected texts provides an updated account of all of the relevant instruments of the Charter, and the functioning of the various bodies which participate in the monitoring procedures.