MINISTERS’ DEPUTIES

CM Documents

CM(2023)106

19 June 2023[1]

1473rd meeting, 6 September 2023 4 Human rights   4.1 European Social Charter Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure b. Validity v. Finland, Complaint No. 197/2020 Item to be considered by the GR-SOC at its meeting on 11 July 2023

 

Action To examine the draft resolution below with a view to its adoption.

1.            The complaint was registered on 26 November 2020.

2.            The European Committee of Social Rights (ECSR) adopted its decision on admissibility on 8 September 2021 and its decision on the merits on 22 March 2023. It transmitted its report containing the decision on the merits of the complaint to the parties and to the Committee of Ministers on 24 April 2023. The decision will be made public at the latest on 25 August 2023.

3.            Validity is an international non-governmental organisation with participatory status with the Council of Europe within the meaning of Articles 1 (b) and 3 of the 1995 Additional Protocol providing for a system of collective complaints.

4.            Validity alleged that some measures taken by the Government to tackle the Covid-19 pandemic, namely the visit restrictions in housing service units for persons with disabilities in spring 2020, violated the rights of persons with disabilities under Articles 11, 14 and 15 as well as Article E in conjunction with each of the invoked provisions of the Revised European Social Charter.

A)         Summary of the decision on the merits

5.            The ECSR decided to assess the complaint under Article 11§§1 and 3, Article 15§3, and Article E in conjunction with Article 11§§1 and 3 of the Charter.

6.            In its decision, the ECSR concluded:

-       unanimously that there was no violation of Article 11§1 and 3 of the Charter.

7.            The ECSR recalled that the right to protection of health includes the right of access to healthcare, and that, also during times of pandemic, access to healthcare must be ensured to everyone without discrimination. It also recalled that States Parties must take appropriate measures to prevent, as far as possible, activities which are detrimental to human health. The ECSR reiterated that States Parties must be particularly mindful of the impact that their choices will have for groups with heightened vulnerabilities.

8.            The ECSR noted that, in Finland, visit restrictions in the housing service units for persons with disabilities occurred within a very specific context, namely during a public health emergency. The visit restrictions were temporary in nature and lasted from March 2020 until the end of June 2020. At the end of June 2020, the ban on visits was relaxed and, after that date, a complete prohibition of visits was not re-introduced.

9.            The ECSR considered that the measures taken by the authorities to prevent and limit the spread of the virus in the housing service units for persons with disabilities between March 2020 and June 2020 complied with the obligation on States Parties to take precautionary measures consistent with the high level of protection provided for in Article 11 in order to prevent potentially dangerous effects on human health. Moreover, essential healthcare was available, as well as necessary rehabilitation services, such as physiotherapy and occupational therapy services.

10.          On this basis, the ECSR held that there was no violation of Article 11§§1 and 3 of the Charter.

-       unanimously that there was no violation of Article E taken in conjunction with Article 11§1 and 3 of the Charter.

11.          The ECSR recalled that Article E requires that measures taken in response to the crisis, including economic and social policy measures, do not result in discrimination in terms of social rights enjoyment, whether direct or indirect.

12.          The ECSR noted that the restrictive measures introduced by the authorities as a matter of precaution in an uncertain pandemic situation were temporary in nature. In addition, over the course of those restrictions, the authorities took specific action in order to both prevent persons with disabilities from contracting the virus and to provide them with the healthcare services they needed, even if access to some of those services was limited to a certain extent.

13.          On this basis, the ECSR held that there was no violation of Article E taken in conjunction with Article 11§§1 and 3 of the Charter.

-       by 13 votes against 1 that there was no violation of Article 15§3 of the Charter.

14.          The ECSR recalled that to give meaningful effect to the promotion of the full social integration and participation in the life of community of persons with disabilities, mechanisms must be established to assess the barriers to communication and mobility faced by persons with disabilities and identify the support measures that are required to assist them in overcoming these.

15.          The ECSR had regard to Article G of the Charter which makes it possible for States Parties to restrict the rights enshrined in the Charter. The ECSR noted that the restrictions were prescribed by law, pursued a legitimate aim of protecting public health and were introduced in order to protect persons with disabilities living in housing service units, as persons at risk, from contracting Covid-19 and from facing potentially lethal consequences as a result of the virus. The ECSR considered that a fair balance had been struct between the legitimate aim pursued and the restrictions introduced.

16.          On this basis, the ECSR held that there was no violation of Article 15§3 of the Charter.

B)         Information submitted by the delegation concerned

17.          At the time of writing, no information had been submitted.

*  *  *

It is recalled that in previous collective complaints where the ECSR found the situation to be in conformity with the Charter, the Committee of Ministers has adopted a resolution. A draft resolution on this complaint is appended.

 

Appendix

Draft Resolution CM/ResChS(2023)…

Validity v. Finland

Complaint No. 197/2020

(Adopted by the Committee of Ministers on … 2023

at the … meeting of the Ministers’ Deputies)

The Committee of Ministers[2],

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints;

Taking into consideration the complaint lodged by Validity v. Finland and registered on 26 November 2020;

Having regard to the report transmitted by the European Committee of Social Rights, in which the Committee concluded:

-       unanimously that there was no violation of Article 11§1 and 3 of the Charter;

-       unanimously that there was no violation of Article E taken in conjunction with Article 11§1 and 3 of the Charter;

-       by 13 votes to 1 that there was no violation of Article 15§3 of the Charter.

Takes note of the report.