The Collective Complaints procedure was introduced by the Additional Protocol providing for a system of collective complaints, adopted in 1995.

The aim pursued with the introduction of the procedure was to increase the effectiveness, speed and impact of the implementation of the Charter.

In this view, the collective complaints procedure has strengthened the role of the social partners and non-governmental organisations by enabling them to directly apply to the European Committee of Social Rights for rulings on possible non-implementation of the Charter in the countries concerned, namely those States which have accepted its provisions and the complaints procedure.

The decisions adopted by the European Committee of Social Rights in the framework of this monitoring mechanism can be consulted using the European Social Charter Caselaw Database (HUDOC Charter).

More on the collective complaints procedure

List of complaints

  List of INGOs entitled to lodge collective complaints established by the Governmental Committee of the European Social Charter and the European Code of Social Security

 

Findings of the European Committee of Social Rights

 European Committee of Social Rights Findings 2023 on the follow-up to decisions in the collective complaints procedure with respect to Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy and Portugal.

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Decisions adopted by the Committee during its last session

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

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 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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