European Social Cohesion Platform Newsletter July - August - September 2018
We would like to inform you about changes affecting the internal organisation which relate to the European Social Cohesion Platform (PECS): its Secretary Ms Annachiara Cerri has retired on 1st October. The responsibility for the PECS is being taken over by Ms Margarita Galstyan. Mr Jan Malinowski is the new Head of Department of the European Social Charter, which is the administrative structure including the Platform within its responsibilities.
Vigorous and open public debate is a sign of the health of any democracy. It is especially important in biomedical developments, such as
precision and genomic medicine, which can have the capacity to blur, challenge or transgress normative boundaries and challenge human rights. The Committee on Bioethics is developing a guide to public debate to raise awareness and promote discussion on health-related issues with a view to facilitating public consultations and policy decisions.
On 12-14 July 2018, Council of Europe experts on Roma issues from Finland, Greece, the Republic of Moldova, Poland, Spain and “the Former Yugoslav Republic
of Macedonia” discussed in the municipalities of Tilburg and Enschede, the Netherlands, ways to improve access to employment for Roma women and youth, and to tackle obstacles such as low educational attainment, lack of vocational training, and discrimination.
The Governmental Committee of the European Social Charter and the European Code of Social Security (‘Governmental Committee’) held its 138th meeting on
24 - 28 September 2018 in Strasbourg. Mr Christophe Poirel, recently appointed Director of Human Rights, and Ambassador Gilles Heyvaert Chair of the GR-SOC delivered a welcome address to the representatives of the Governmental Committee. The Governmental Committee discussed situations of non-conformity and follow-up measures taken by the State Parties with respect to the 2017 Conclusions of the European Committee of Social Rights concerning the thematic group “Health, social security and social protection”. In addition the Committee held an exchange of views on the 2017 findings of the European Committee of Social Rights on the follow-up decisions on collective complaints.
Recent Developments in the Court's Case-law (26 June - 25 September 2018) - selected cases
Sarishvili-Bolkvadze v. Géorgie, judgement of 19.7.2018 Violation of Article 2: positive obligations in health context ; right to life ; effective
investigation. Absence of statutory remedy for non-pecuniary damage resulting from death caused by medical negligence. Failure to apply rules on health services led to rights violation of mother whose son died owing to medical negligence. Yirdem and Others v. Turkey, judgement of 4.09.2018 Article 2 (effective investigation) : Failure to conduct within a reasonable time criminal and civil proceedings concerning a death suspected of having resulted from medical negligence: violation. Dimitar Yordanov v. Bulgarie, judgement of 6.09.2018 Article 1 of Protocol No. 1 (protection of property): damage to the property of the applicant caused by a nearby coalmine: violation. Kasat c. Turkey, judgement of 11.09.2018 Violation of article 8 § 1 (respect of private life) : Military service performed by a conscript who had not informed the authorities about his scoliosis: no violation.
Over summer, a new Committee of Ministers Recommendation on children’s rights in the digital environment was adopted, an evaluation seminar was held on the 2nd cycle of tests of the Child Participation Assessment Tool, and a call
for applications was launched to implement child consultations with children who have experienced age assessment in the context of immigration/asylum procedures.
On 25-26 September 2018, 70 international experts discussed ways to facilitate the transition from education to employment for Roma youth at a seminar
on Brijuni Islands, hosted by the Croatian authorities under the aegis of the Croatian Chairmanship of the Committee of Ministers. The recommendations made will be followed up by the Ad hoc Committee of Experts on Roma and Traveller Issues (CAHROM).