The complaint presented by the European Disability Forum (EDF) and Inclusion Europe was registered on 14 May 2018.
The complainant organisations allege that France has failed to implement the necessary measures to guarantee in practice:
- sufficient and effective access for persons with disabilities to social support services and facilities, including those aimed at the inclusion of children with disabilities into mainstream education (Article 15§3 taken alone and/or in conjunction with Article E of the Revised European Social Charter (“the Charter”));
- equal and effective access to social welfare services for persons with disabilities (Article 14§1 taken alone and/or in conjunction with Article E of the Charter);
- the right to protection against poverty and social exclusion (Article 30 of the Charter);
- equal and effective access to housing for persons with disabilities (Article 31§1 and 3 taken alone and/or in conjunction with Article E);
- the full, complete and effective enjoyment by persons with disabilities, on an equal footing with the rest of population, of the right to protection of health, in particular due to the lack of accessibility of health services (Article 11§1 of the Charter taken alone and/or in conjunction with Article E).
The Council of Europe’s Committee of Social Rights recognised the violation by the French State of its obligations towards people with disabilities and their families in a decision handed down in December 2022 after months of examination and unveiled on Monday 17 April.
The Council of Europe demonstrates that in all areas of life, people with disabilities are hindered in the exercise of their rights. It confirms that these obstacles have negative consequences on the lives of families, who compensate for the shortcomings to the detriment of their physical, psychological, economic, professional and social balance.
The Council of Europe confirms that the principle of accessibility, provided for in the law since 1975 and 2005, is still not respected. Worse, the obligations of the State and its services in terms of accessibility have regressed in all areas and the new regulations postpone indefinitely the real implementation of accessibility. (…) The NGOs are calling for public and private actors to work together to make all the travel chains accessible and allow people, whatever their disability, to access public services and transport, as well as adapted housing. To achieve this, not only the building itself, but also signage and information must be improved.
The European commitee of Social rights reminds that " Article 15§3 also requires states to promote persons with disabilities’ full social integration and participation in the life of the community, in particular through measures aiming to enable access to transport, housing, cultural activities and leisure. In order to ensure compliance, public transports (land, rail, sea and air), all newly constructed or renovated public buildings open to the public, and cultural and leisure activities should be physically accessible (Conclusions 2016, Latvia). In addition, the needs of persons with disabilities must be taken into account in housing policies, including the construction of an adequate supply of suitable, public, social or private housing (Conclusions 2003, Italy). Financial assistance should be provided for the adaptation of existing housing (Conclusions 2003, Italy). Lastly, telecommunications and new information technology must be accessible and sign language must have an official status (Conclusions 2016, Austria)." Para. 183
English
Jurisdiction:
Council of Europe - Committee of Social Rights - European Social Charter
Article 30 - Right to protection against poverty and social exclusion
Article 31 - Right to housing
Article E - Non-discrimination
Subject:
Discrimination
Right to housing
Country:
