Processed complaints
The complaint was registered on 9 August 2012. The complainant organisation alleges that the formulation of Article 9 of Law No. 194 of 1978, which governs the conscientious objection of medical practitioners in relation to the termination of pregnancy, is in violation of Article 11 (the right to health) of the European Social Charter, read alone or in conjunction with the non-discrimination clause in Article E, in that it does not does not protect the right to access termination of pregnancy procedures.
- Case Document no. 1, Complaint registered at the Secretariat on 9 August 2012
- Case Document no. 2, Submissions of the Government on the admissibility (French only)
- Case Document no. 3, Submissions of the Government on the merits (French only)
- Case Document no. 4, Response from IPPF EN to the Government's submissions on the merits
- Case Document no. 5, Observations from ECLJ
- Case Document no. 6, Appendix to the Observations from ECLJ (1/2)
- Case Document no. 7, Appendix to the Observations from ECLJ (2/2)
- Case Document no. 8, Response from IPPF EN to the Committee’s questionnaire
- Case Document no. 9, Response from the Government to the Committee’s questionnaire
- Case Document no. 10, Observations from Movimento per la vita italiano (French only)
- Case Document no. 11, Observations from The Associazione Luca Coscioni per la Libertà di Ricerca Scientifica
- Case Document no. 12, Observations from l’AIED – Associacione Italiana per l’Educazione Demografica
The European Committee of Social Rights declared the complaint admissible on 22 octobre 2012.
The European Committee of Social Rights concluded that there was a violation of Article 11§1 and of Article E read in conjunction with Article 11 of the Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 7 November 2013.
The Committee of Ministers adopted Resolution Res/CM ChS (2014) 6 on 30 April 2014.
Decision on admissibility of the Complaint 87/2012
Decision on the merits of the Complaint 87/2012
Resolution ResChS(2014)6 of the Committee of Ministers on 30 April 2014
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