2023-04-17 14:15:00
In decision made public on 17 April, the European Committee of Social Rights of the Council of Europe (CEDS) finds a violation by France of the European Social Charter on account of the failure of the authorities to adopt effective measures within a reasonable time as regards access to social assistance services and financial aid, the accessibility of buildings, facilities and public transport, and to develop and adopt a co-ordinated policy for the social integration and participation in the life of the community of people with disabilities (Article 15§3).
In their claim, the European Disability Forum and Inclusion Europe alleged that by failing to implement measures to ensure sufficient and effective access for people with disabilities to social support services and facilities, including those necessary for inclusion children with disabilities in the ordinary education system, France does not respect the right of persons with disabilities to lead an independent life within the community, to social integration and to full participation in the life of the community, in violation of Article 15§3 of the revised European Social Charter. According to the complainant organisations, this situation also prevents people with disabilities from effectively enjoying the right to benefit from social services (Article 14§1), the right to protection against poverty and social exclusion (Article 30), the right to housing (Article 31§1 and 3) and the right to the protection of health (Article 11§1).
Furthermore, according to the complainant organizations, in the absence of effective access for persons with disabilities to an independent life within the community, many families have been placed in a vulnerable situation, in violation of both their right to social, legal and economic protection (Article 16) and the right of workers with family responsibilities to equal opportunities and treatment (Article 27§1).
The complainant organizations also alleged that the lack of effective access of persons with disabilities to an independent life within the community constituted discrimination in violation of Article E of the Charter, in combination with each of the substantive articles that they invoked, with the exception of Article 30.
The European Committee of Social Rights (ECSR) decided to examine the allegations of the complainant organizations solely from the angle of Articles 15§§1 and 3, 11§1 and 16 of the Charter and adopted its decision on the well- founded on October 19, 2022.
In its decision on the merits, the ECSR concluded:
- unanimously, that there is a violation of Article 15§3 of the Charter on account of the failure of the authorities (i) to adopt effective measures within a reasonable time as regards access to health services social assistance and financial aid; (ii) to adopt effective measures within a reasonable time with regard to the accessibility of buildings and installations; (iii) to adopt effective measures within a reasonable time with regard to the accessibility of public transport; (iv) to develop and adopt a coordinated policy for the social integration and participation in the life of the community of persons with disabilities;
- unanimously that there is a violation of Article 15§1 of the Charter on account of the authorities’ failure to adopt effective measures within a reasonable time to remedy the persistent and long-standing problems relating to the inclusion of children and adolescents with disabilities in mainstream schools;
- unanimously that there is a violation of Article 11§1 of the Charter on the ground that the authorities have failed to adopt effective measures within a reasonable time to remedy the long-standing problems relating to the access of people with disabilities to health services;
- unanimously, that there is a violation of Article 16 of the Charter on the ground that the shortage of support services and the lack of accessibility of buildings and installations as well as public transport, mean that many families live in precarious conditions, which amounts to a lack of family protection.
Press release, Council of Europe, 17 April 2023
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