Social Rights

The decision of the European Committee of Social Rights (ECSR) on the merits in Sindacato autonomo Pensionati Or.S.A. v. Italy, Complaint No. 187/2019, became public on 9 April 2024.

In its complaint, Sindacato autonomo Pensionati Or.S.A. alleged that the provisions introduced by Article 1(41) of Law No. 335 of 8 August 1995 as subsequently amended, which govern the system of reversion pensions for surviving spouses and dependants, have led to an abusive and discriminatory reduction in benefits payable to survivors in cases where there is more than one recipient or where the recipient(s) receive income from various sources, in violation of Articles 4 (the right to a fair remuneration), 12 (the right to social security), 16 (the right of the family to social, legal and economic protection), 20 (the right to equal opportunities and equal treatment in employment and occupation without sex discrimination) and 23 (the right of elderly persons to social protection) of the revised European Social Charter. 

The ECSR decided to examine the allegations of the complainant organisation solely under the Charter provisions that were sufficiently substantiated and that are related or may be related to social security, and more precisely to the old-age pension and the survivor’s benefit, namely Article 12§§2 and 3, and Article 20 of the Charter.

In its decision on the merits, the ECSR concluded:

-    unanimously that there is no violation of Article 12§2 of the Charter; 

-    unanimously that there is no violation of Article 12§3 of the Charter;

-    unanimously that there is no violation of Article 20 of the Charter.