Recent Developments in the Court's Case-law (6 December 2017 - 10 January 2018)
Social cohesion / social rights - RECENT DEVELOPMENTS IN THE COURT’S CASE-LAW (6 December 2017 – 10 January 2018) :
P. Plaisier B.V. and Others. v. the Netherlands (nos. 46184/16, 47789/16 and 19958/17), inadmissibility Decision delivered on 7.12.2017 - Article 1 of Protocol No. 1 : budgetary austerity measures and their compatibility with this provision. The Decision contains a comprehensive description of the cases which the Court has so far dealt with including the nature of the impugned measures. Overall, the decisions taken by the Netherlands had not gone beyond the limit of the discretion allowed to authorities in questions of taxation and had not upset the balance between the general interest and the protection of the companies’ individual rights. The Court noted that it had accepted various countries’ austerity measures and that the steps taken by the Netherlands had also been part of the country’s goal to meet obligations under European Union budget rules. S.F. and Others v. Bulgaria, Judgment of 7.12.2017 - Article 3 of the Convention: conditions of accompanied minors’ immigration detention aged sixteen, eleven and one and a half for a period of either thirty-two hours or forty-one hours (the exact length of time was disputed by the parties). Violation. The judgment reviews the Court’s case-law on the treatment of accompanied minors held in immigration detention. Lopes de Sousa Fernandes v. Portugal, Grand Chamber Judgment of 19.12. 2017 - Article 2: responsibility of the State in the context of death following medical treatment. The judgment reviews and clarifies the Court's case-law on the scope of the substantive positive obligation of the State as regards deaths resulting from alleged medical negligence (non-violation). The Court also confirms its case-law as regards the procedural obligations of the State in a medical negligence context (violation). Health issues.
Replies to the questionnaire related to the good practices on the implementation of social rights at national level
The questionnaire related to the good practices on the implementation of Social Rights at National level has been discussed
and adopted during the first meeting (19 - 21 April 2017) of the Drafting Group on Social Rights (CDDH-SOC). This Group has been set up by the Steering Committee for Human Rights (CDDH). The aim is to “identify good practices and make, as appropriate, proposals with a view to improving the implementation of social rights and to facilitate, in particular, the relationship between the various European instruments for the protection of social rights” , as mentioned in the mandate received by the CDDH from the Committee of Ministers. This questionnaire was submitted on 2 May 2017, to the members of the Governmental Committee of the European Social Charter; 31 replies have been collected until the 4th December 2017. It deals with: National implementation of social rights; consideration in national law and policies of international standards of social rights; instruments relating to the European Social Charter and ratifications, and training and awareness-raising actions on social rights. At its 88th meeting (5-7 December 2017), the CDDH welcomed the important number of replies. The collected information will be presented in the form of a guide or a compilation of good practices, aimed at facilitating exchanges of experience between Member States.