The decision of the European Committee of Social Rights (ECSR) on the merits in Validity Foundation v. Finland, Complaint No. 197/2020 became public on 25 August 2023.
In its complaint, Validity alleged that some measures taken by the Government to tackle the Covid-19 pandemic in spring 2020 violated the rights of persons of disabilities under Article 11 (the right to health), Article 14 (the right to social services), and Article 15 (the right to independence and inclusion in the community) as well as Article E (non-discrimination) in conjunction with each of the invoked provisions of the Revised European Social Charter.
The ECSR decided to examine the allegations of the complainant organisation solely from the angle of Article 11§§1 and 3, Article 15§3, and Article E in conjunction with Article 11§§1 and 3 of the Charter and adopted its decision on the merits on 22 March 2023.
In its decision on the merits, the ECSR concluded:
- unanimously that there is no violation of Article 11§§1 and 3 of the Charter;
- unanimously that there is no violation of Article E taken in conjunction with Article 11§1 and 3 of the Charter;
- by 13 votes against 1 that there is no violation of Article 15§3 of the Charter.