Processed complaints
The complaint registered on 19 October 2015 relates to Articles 17§2 (right of children and young persons to appropriate social, legal and economic protection – Free primary and secondary education – regular attendance at school) and 10§5 (right to vocational training – Full use of facilities available), as well as Articles 16 (right to appropriate social, legal and economic protection for the family), 30 (right to protection against poverty and social exclusion) and 31 (right to housing) read in conjunction with Article E (non-discrimination) of the Revised Charter. The complainant organisation, ERTF, alleges that France fails to effectively protect the rights of Roma children, in particular as regards their access to education and vocational training.
Case document no. 1, Complaint registered on 19 October 2015
Case document no. 2, Observations by the Government on admissibility (French only)
Case document no. 3, Submissions by the Government on the merits (French only)
Case document no. 4, Response from ERTF to the Government's submissions on the merits (French only)
Case document no. 5, Observations by the Défenseur des Droits (French only)
Case document no. 6, Further response from the Government (French only)
The European Committee of Social Rights declared the complaint admissible on 27 January 2016.
The European Committee of Social Rights adopted its decision on the merits on 5 December 2017.
In its decision on the merits, the Committee concluded:
- by 14 votes to 1, that there is a violation of Article 17§2 of the Charter;
- unanimously, that there is no violation of Article 10§3 (right to vocational training – vocational training and retraining of adult workers) of the Charter;
- unanimously, that there is no violation of Article 10§5 (right to vocational training – Full use of facilities available) of the Charter;
- by 12 votes to 3, that there is a violation of Article E taken in conjunction with Article 10§§3 and 5 of the Charter,
- by 14 votes to 1, that there is a violation of Article E taken in conjunction with Article 17§2 of the Charter;
- unanimously, that there is no violation of Article E taken in conjunction with Article 16 (right to appropriate social, legal and economic protection for the family) of the Charter;
- by 11 votes to 4, that there is a violation of Article E taken in conjunction with Article 31 (right to housing) of the Charter;
- by 13 votes to 2, that there is a violation of Article E taken in conjunction with Article 30 (right to protection against poverty and social exclusion) of the Charter.
Decision on admissibility of Complaint No.119/2015
Decision on the merits of Complaint No.119/2015
Resolution CM/ResChS(2018)4 of the Committee of Ministers on 4 July 2018
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter