The thirteen-member independent expert committee unanimously ruled that France had violated provisions in the European Social Charter promulgated by Council of Europe. The committee delivered the verdict based on the merits of Complaint No. 168/2018 filed by the European Disability Forum (EDF) and Inclusion Europe against France.
Strasbourg: The thirteen-member independent expert committee of social rights, assisted by Henrik Kristensen and constituted under Article 25 of the European Social Charter, pronounced its judgment in the 330th session held on April 17, 2024.
On 17 April, the European Committee on Social Rights of the Council of Europe declared a decision stating that France has violated the European Social Charter. The violation was due to the French authorities not taking effective measures within a reasonable period to provide access to social support services, financial support, and making buildings, facilities, and public transport accessible to persons with disabilities. Additionally, France has not developed and implemented a coordinated policy to promote social integration and participation in community life for individuals with disabilities, as required under Article 15§3 of the European Social Charter.
Findings of Committee
The European Committee on Social Rights of the Council of Europe also found that France has violated the European Social Charter because the authorities have not taken effective measures to address problems related to the inclusion of children and adolescents with disabilities in mainstream schools (Article 15§1) and to ensure access to healthcare services for persons with disabilities (Article 11§1). Furthermore, the shortage of support services and the lack of accessibility of buildings, facilities, and public transport have caused many families to live in precarious circumstances, violating Article 16 of the Charter, which protects the family.
Contentions by the France
The Committee refused France’s plea, arguing that measures outlined in the Government’s overall disability policy, particularly at the 2020 National Disability Conference, ensuring that persons with disabilities enjoy their rights guaranteed under the Charter. France argued that they had put measures in place in a coordinated manner, such as allowing persons with disabilities to choose their place of residence, ensuring the accessibility of public transport and buildings, and addressing barriers to communication and mobility.
The Government also highlighted measures taken to ensure effective access to healthcare and medico-social services and to improve financial support for persons with disabilities. Regarding the negative impact on families due to the lack of effective access for persons with disabilities to an independent life within the community, the Government referred to initiatives and measures taken to improve the working conditions of caregivers for older persons and persons with disabilities.
French gov’t didn’t follow charter; CNCDH
The National Consultative Commission on Human Rights observations served as a foundation for the committee. According to CNCDH, due to a lack of a coordinated and sufficient reaction by the government, people with disabilities are still subjected to discrimination in France, experience a type of social exclusion, and continue to face impediments to their autonomy and full participation in society. Individuals’ rights to autonomy and full involvement in communal life are not fully protected.
And the committee concluded that in unanimously that there is a violation of Articles 15§3, 15§1, 11§1 and 16 of the Charter. The Committee has decided not to advise the Committee of Ministers on the complainants’ demand for compensation of €5,000 for each organization to cover their legal expenses in relation to the current proceedings.
Protecting Social Rights: The European Social Charter
The European Social Charter is a treaty created by the Council of Europe that aims to protect basic social and economic rights, in contrast to the European Convention on Human Rights which focuses on civil and political rights. It ensures that people have access to essential human rights such as employment, housing, healthcare, education, social protection, and welfare.
The European Social Charter is a unique legal instrument at the pan-European level as it offers comprehensive protection of social rights. It is considered a primary point of reference in European Union law, and many of the social rights enshrined in the EU Charter of Fundamental Rights are derived from the corresponding articles in the European Social Charter. No other legal document in Europe can provide such a broad and inclusive safeguard for social rights.
