List of Complaints and state of procedure

No. 100/2013 European Roma Rights Centre (ERRC) v. Ireland

The complaint was registered on 16 April 2013. The complaint concerns Article 16 (right of the family to social, legal and economic protection), Article 17 (right of children and young persons to social, legal and economic protection) and Article 30 (right to protection against poverty and social exclusion) of the Revised European Social Charter, read alone or in conjunction with the non-discrimination clause set forth in Article E. The complaint alleges that the Government of Ireland has not ensured the satisfactory application of the above-mentioned articles, particularly with respect to housing conditions and evictions of Travellers and, as regards child Travellers, also with respect to social, legal and economic protection.

Case Document no. 1, Complaint registered on 16 April 2013 

The European Committee of Social Rights declared the complaint admissible on 21 October 2013.

 

No. 93/2013 Association for the Protection of All Children (APPROACH) Ltd v. Ireland

The complaint was registered on 4 February 2013. The complainant organisation alleges that Ireland has taken no effective action to remedy its violation of Article 17 (the right of mothers and children to social and economic protection) of the European Social Charter by prohibiting all corporal punishment and other cruel or degrading forms of punishment of children. APPROACH claims in particular that the existence of the Irish common law of “reasonable chastisement” allows parents and some other adults to assault children with impunity.

Case Document no. 1, Complaint registered on 4 February 2013
Case Document no. 2, Observations from the Government on the admissibility
Case Document no. 3, Submissions of the Government on the merits and on the request for immediate measures
Case Document no. 4, Response of APPROACH to the Government’s submissions on the request for immediate measures
Case Document no. 5, Response by APPROACH to the Government’s submissions on the merits
The European Committee of Social Rights declared the complaint admissible on 2 July 2013.
The European Committee of Social Rights adopted a decision on immediate measures on 2 December 2013.

 

No. 88/2012 Finnish Society of Social Rights v. Finland

The complaint was registered on 13 December 2012. The complainant association alleges that Finland has not maintained the social security at a satisfactory level and has not endeavored to raise progressively the system of social security to a higher level, in violation of Article 12 (the right to social security) of the European Social Charter.

Case Document no. 1, Complaint registered on 13 December 2012
Case Document no. 2, Observations from the Government on the admissibility
Case Document no. 3, Submissions from the Government on the merits
Case Document no. 4, Response from the Association to Government submissions 
The European Committee of Social Rights declared the complaint admissible on 14 mai 2013.

 

No. 72/2011 International Federation for Human Rights (FIDH) v. Greece

The complaint was registered on 8 July 2011. It concerns the effects of massive environmental pollution on the health of persons living near the Asopos river and in proximity to the industrial zone of Inofyta, located 50 km north of Athens. The complainant organisation alleges that the State has not taken adequate measures to eliminate or reduce these dangerous effects and to ensure the right to health protection, in violation of Article 11 (right to health) of the Social Charter.

Case Document no. 1, Complaint registered at the Secretariat on 8 July 2011
Case Document no. 2, Observations by the Government on the admissibility
Case Document no. 3, Observations of FIDH in reply to the Committee's questions(French only)
Case Document no. 4, Further submissions of the Government on the merits
The European Committee of Social Rights declared the complaint admissible on 7 December 2011.
The European Committee of Social Rights concluded that there was a violation of Article 11 §§ 1, 2 and 3 of the Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 4 February 2013.
CM Website The Committee of Ministers adopted Resolution Res ChS (2013) 15 on 16 October 2013.

 

No. 71/2011The Central Association of Carers in Finland v. Finland

The complaint was registered on 6 July 2011. It concerns the situation of family and friend caregivers in Finland. The complainant organisation alleges that the system of financial support for family and friend caregivers is not equal, as it varies according to their place of residence in Finland. The complainant organisation invokes Article 23 (right of elderly persons to social protection) of the Revised Social Charter). In October 2011, the complainant organisation previously called “Association of Care Giving Relatives and Friends” took the decision to change its name to “The Central Association of Carers in Finland

Case Document no.1, Complaint registered at the Secretariat on 6 July 2011
Case Document no. 2, Observations by the Government on the admissibility
Case Document no. 3, Submissions by the Government on the merits
Case Document no. 4, Response to the Government's submissions on the merits
Case Document no. 5, Replies from the Association to additional questions
Case Document no 6, Replies from the Government to additional questions
The European Committee of Social Rights declared the complaint admissible on 7 December 2011.
The European Committee of Social Rights concluded that there is a violation of Article 23 of the Charter, that there are no separate issues arise under Article 14 § 1 of the Charter and that Articles 13 and 16 of the Charter are not applicable in the instant case. It transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 December 2012.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2013)13 on 11 June 2013

 

No. 70/2011 The Central Association of Carers in Finland v. Finland

The complaint was registered on 6 July 2011. It concerns the situation of family and friend caregivers in Finland. The complainant organisation alleges that the system of financial support for family and friend caregivers is not equal, as it varies according to their place of residence in Finland. The complainant organisation invokes Article 23 (right of elderly persons to social protection) of the Revised Social Charter). In October 2011, the complainant organisation previously called “Association of Care Giving Relatives and Friends” took the decision to change its name to “The Central Association of Carers in Finland”.

Case Document no. 1, Complaint registered at the Secretariat on 6 July 2011
Case Document no. 2, Observations by the Government on the admissibility
Case Document no. 3, Submissions by the Government on the merits
Case Document no. 4, Response to the Government's submissions on the merits
Case Document no. 5, Replies to the Association to additional questions
The European Committee of Social Rights declared the complaint admissible on 7 December 2011.
The European Committee of Social Rights concluded that there is a violation of Article 23 of the Charter and it transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 December 2012.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2013)12 on 11 June 2013.

 

No. 69/2011 Defence for Children International (DCI) v. Belgium 

The complaint was registered on 21 June 2011. The complainant organisation alleges that foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, are currently excluded from social assistance in breach of Articles 7§10 (Special protection against physical and moral dangers), 11 (right to 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 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).

Case document no. 1, Complaint registered at the Secretariat on 21 June 2011
Case document no. 2, Observations by the Government on the admissibility (French only)
Case document no. 3, Submissions of the Government on the merits(French only)
Case document no. 4, Response from DEI to the submissions of the Government on the merits (French only)
Case document no.5. Observations by the United Nations High Commissioner for Refugees
Case document no. 6, Observations by PICUM (Platform for International Cooperation on Undocumented Migrants)
The European Committee of Social Rights declared the complaint admissible on 7 December 2011.
The Committee concluded that there was a violation of Article 17, of Article 7§10, and of Article 11 §§1 and 3 of the Revised Charter. It concluded that that Article 30 and Article E of the Charter does not apply in the instant case. It transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 November 2012.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2013)11 on 11 June 2013.

 

No. 64/2011 European Roma and Travellers Forum (ERTF) v. France

The complaint was registered on 28 January 2011. According to the complainant organisation the French Government continues to forcibly evict Roma without providing suitable alternative accommodation and that Roma in France continue to suffer discrimination in access to housing, in violation of Articles 16 (right of the family to social, legal and economic protection), 19§8 (guarantees concerning expulsion), 30 (right to protection against poverty and social exclusion) and 31 (right to housing) of the Revised European Social Charter, read alone or in conjunction with the non discrimination clause in Article E.

Case document no. 1, Complaint registered at the Secretariat on 28 January 2011
Case document no. 2, Submissions by the Government on the merits
Case document no. 3, Response from ERTF to the written submissions of the Government on the merits 
The European Committee of Social Rights declared the complaint admissible on 11 May 2011.
The European Committee of Social Rights concluded that there was a violation of Article E in conjunction with Articles 19§8, 30, 31§§1, 2, and 3, and Article 16 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 1 February 2012.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2013)1 on 5 February 2013.

 

No. 63/2010 Centre on Housing Rights and Evictions (COHRE) v. France

The complaint was registered on 15 November 2010. It concerns the eviction and expulsion of Roma from their homes and from France during the summer of 2010. The complainant organisation alleges that such evictions and expulsions amount to violations of Article 31 (right to housing) and Article 19§8 (guarantees concerning expulsion) of the Revised Charter. The complainant organisation also argues that the facts at stake constitute discrimination (Article E) in the enjoyment of the above mentioned rights.

Case document no. 1, Complaint registered at the Secretariat on 15 November 2010
Case document no. 2, Written submissions of the Government on the merits
Case document no. 3, Response by COHRE to the written submissions of the Government on the merits  
The European Committee of Social Rights declared the complaint admissible on 25 January 2011.
The European Committee of Social Rights concluded that there was a violation of Article E in conjunction with Articles 31§2 and 19§8 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 13 July 2011.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2011)8 on 9 November 2011

 

No. 62/2010 International Federation of Human Rights ( FIDH ) v. Belgium

The complaint was registered on 30 septembre 2010. The complainant organisation alleges a violation of rights related to housing for Travellers under the European Social Charter. It concerns the insufficiency of stopping places, problems stemming from the non recognition of caravans as a home; lack of respect of the required conditions when carrying out evictions, lack of a global and coordinated policy to combat poverty and social exclusion of Travellers, among other issues. These allegations concern Article 16 (the right of the family to social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) of the Revised European Social Charter as well as the non discrimination clause (Article E).

Case document no. 1, Complaint registered at the Secretariat on 30 September 2010
Case document no. 2, Written submissions of the Government on the merits
Case document no. 3, Response to the written submissions of the Government on the merits (French only)
The European Committee of Social Rights declared the complaint admissible on 1 December 2010.
The European Committee of Social Rights concluded that there was a violation of Article E read in conjunction with Article 16 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 21 March 2012.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2013)8 on 30 April 2012.

 

No. 61/2010 European Roma Rights Centre (ERRC) v. Portugal

The complaint was registered on 23 April 2010. The complainant organisation pleads a violation of Articles 16 (the right of the family to social, legal and economic protection), 30 (right to protection against poverty and social exclusion) and 31 (right to housing), read alone or in conjunction with Article E (non discrimination) of the Revised Charter. The ERRC maintains that the sum of housing-related injustices in Portugal (including problems of access to social housing, substandard quality of housing, lack of access to basic utilities, residential segregation of Romani communities and other systemic violations of the right to housing) violates these provisions.

Case document no. 1, Complaint registered at the Secretariat on 23 April 2010
Case document no. 2, Observations of the Government on the admissibility
Case document no. 3, Written submissions of the Government on the merits
Case document no. 4, Response by ERRC to the written submissions of the Government on the merits
The European Committee of Social Rights declared the complaint admissible on 17 September 2010.
The European Committee of Social Rights concluded that there was a violation of Articles 16, 30 and 31§1, read alone or in conjunction with Article E, of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 1 July 2011.
CM
Website
The Committee of Ministers adopted Resolution CM/ResChS(2013)7 on 10 April 2013.

 

No. 58/2009 Centre on Housing Rights and Evictions (COHRE) v. Italy

The complaint was registered on 29 May 2009. The complainant organisation pleads a violation of Articles 16 (the right of the family to social, legal and economic protection), 19 (right of migrant workers and their families to protection and assistance), 30 (right to protection against poverty and social exclusion) and 31 (right to housing), read alone or in conjunction with Article E (non discrimination) of the Revised Charter. The complainant organisation alleges that the recent so-called emergency security measures and racist and xenophobic discourse have resulted in unlawful campaigns and evictions leading to homelessness and expulsions, disproportionately targeting Roma and Sinti.

Case document no. 1, Complaint registered at the Secretariat on 29 May 2009
Case document no. 2, Observations of the gouvernment on admissibility (French only)
Case document no. 3, Written submissions of the Government on the merits
Case document no. 4, Response from COHRE to the written submissions of the Government on the merits 
The European Committee of Social Rights declared the complaint admissible on 8 December 2009.
The European Committee of Social Rights concluded that there was a violation of Articles 16, 19, 30 and 31 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 6 July 2010.
CM
Website
The Committee of Ministers adopted Resolution CM/ResChS(2010)8 on 21 October 2010.

 

No. 53/2008 European Federation of National Organisations working with the Homeless (FEANTSA) v. Slovenia

The complaint was registered on 28 August 2008. The complainant organisation pleads a violation of Articles 31 (right to housing) and 16 (the right of the family to social, legal and economic protection), read alone or in conjunction with Article E (non discrimination) of the Revised Charter. In support of its request, the complainant organisation alleges that a vulnerable group of persons occupying denationalised flats in the Republic of Slovenia have been deprived of their occupancy titles and subjected to eviction. As the persons concerned were denied access to alternative housing in the long term, they have now become homeless. These measures have also resulted in housing problems for the families of the evicted persons.

Case Document no. 1, Complaint registered at the Secretariat on 25 August 2008.
Case Document no. 2, Submissions of the Government on the merits
Case Document no. 3, Response from FEANTSA to the Government's submissions on the merits
Case Document no. 4, Response from the Government to FEANTSA's response
The European Committee of Social Rights declared the complaint admissible on 2 December 2008.
The European Committee of Social Rights concluded that there was a violation of Article 31 of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 29 September 2009.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2011)7 on 15 June 2011.

 

No. 52/2008 Centre on Housing Rights and Evictions(COHRE) v. Croatia

The complaint was registered on 25 August 2008. The complainant organisation pleads a violation of Article 16 of the Charter (the right of the family to social, legal and economic protection), read alone or in conjunction with Article E (non discrimination) of the Charter, on the grounds that the ethnic Serb population displaced during the war in Croatia has been subjected to discriminatory treatment as the families have not been allowed to reoccupy their former dwellings prior to the conflict, nor have they been granted financial compensation for the loss of their homes.

Case Document no. 1, Complaint registered at the Secretariat on 25 August 2008.
Case Document no. 2, Observations of the Government on admissibility
Case Document no. 3, Response to observations of the Government of Croatia on admissibility
Case Document no. 4, Written submissions by the Government on the merits
Case Document no. 5, Response by COHRE to the Government's submissions on the merits     
The European Committee of Social Rights declared the complaint admissible on 30 March 2009.
The European Committee of Social Rights concluded that there was a violation of Article 16 read in the light f the non-discrimination clause of the Preamble to the Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 7 July 2010.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2011)6 on 5 May 2011.

 

No. 51/2008 European Roma Rights Centre (ERRC) v. France

The complaint was registered on 17 April 2008. The complainant organisation pleads a violation of Articles 16 (right of the family to social, legal and economic protection), 19 (right of migrant workers and their families to protection and assistance), 30 (right to protection against poverty and social exclusion) and 31 (right to housing), read alone or in conjunction with Article E (non-discrimination), on the grounds that Travellers in France are victims of injustice with regard to access to housing, inter alia social exclusion, forced eviction as well as residential segregation, substandard housing conditions and lack of security. Furthermore, France has failed to take measures to address the deplorable living conditions of Romani migrants from other Council of Europe member states.

Case Document no. 1, Complaint registered at the Secretariat on 17 April 2008.
Case Document no. 2, Written submissions from the Government on the merits
Case Document no. 3, Response from ERRC to the Government's submissions on the merits
Case Document no. 4, Further response by the Government on the merits 
The European Committee of Social Rights declared the complaint admissible on 23 September 2008.
The European Committee of Social Rights concluded that there was a violation of Articles 31§§1 and 2, Article E taken in conjunction with Article 31, Article 16 and Article E in conjunction with Article 16, Article 30 and Article E taken in conjunction with Article 30 and Article 19§4c of the Revised Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 26 October 2009.
CM Website The Committee of Ministers adopted Resolution CM/ResChS(2010)5 on 30 June 2010.