The European Committee of Social Rights publishes its Findings 2022

 

The European Committee of Social Rights (ECSR) has released its Findings for 2022, adopted at its 331st session (5-9 December 2022), concerning Croatia, Cyprus, Czech Republic, the Netherlands, Norway, Slovenia, and Sweden - seven states that have accepted the collective complaints procedure. These states were exempted from reporting on the accepted provisions of the Social Charter in the framework of the ordinary "conclusions" and were instead invited to provide information on the follow-up given to the decisions on the merits of collective complaints in which the ECSR had found violations.

 

Unlike the ordinary "conclusions", these states were requested to provide information on the follow-up actions taken on the merits of collective complaints, wherein the ECSR had identified violations. None of the decisions analysed in these findings had been fully implemented, but the ECSR observed that progress had been made in some cases. The ECSR President, Aoife Nolan, has urged the concerned states to take necessary measures to comply with the decisions, emphasizing the importance of observing all treaty obligations in good faith.

 

Furthermore, Nolan has also called upon the Council of Europe's Committee of Ministers to monitor the proper implementation of ECSR's decisions. The upcoming Conclusions 2022 on Charter provisions belonging to the thematic group "Labour rights" will be published by the end of March 2023. This highlights the significance of monitoring compliance with the European Social Charter and the necessity for states to address violations.

 

One significant finding from the ECSR's 2022 report relates to the Netherlands. The European Federation of National Organisations Working with the Homeless (FEANTSA) filed a complaint against the state for failing to provide access to community shelters, insufficient quality, and quantity of shelters for vulnerable groups, and a lack of coordination among responsible authorities, resulting in violations of Article 31§2, Article 19§4c, and Article 30 of the Charter. In the follow-up assessment, the Committee recognised the positive measures taken by the government to reduce homelessness but requested further information on the implementation of measures to prevent homelessness and improve shelter quality and quantity, as well as updated statistical data. The Committee also noted that there is still a high number of registered homeless people and overcrowding in shelters. It is notable that the Committee found no information on the right to appeal in matters relating to access to shelter for migrant workers and their families and requested additional information in the next report.