The Prohibition of Discrimination under European Human ... - cridho

thematic report
■ THE PROHIBITION OF DISCRIMINATION UNDER EUROPEAN HUMAN RIGHTS LAW ■
require a compelling justification for special or segregated educational systems and confer an effective
remedy on those who are found to have been unlawfully excluded or segregated or otherwise denied an
effective right to education.
Article 15 par. 3 of the Revised European Social Charter concerns the integration and participation of persons with
disabilities in the life of the community. According to the European Committee on Social Rights, this provision
requires the adoption of positive measures to achieve integration in housing, transport, telecommunications,
cultural and leisure facilities. As Article 15 par. 3 of the Revised Charter refers to participation of persons with
disabilities, the European Committee on Social Rights also requires that “persons with disabilities and their
representative organisations should be consulted in the design, and ongoing review of such positive action
measures and that an appropriate forum should exist to enable this to happen” 98 . Moreover, Article 15 par. 3 of the
Revised European Social Charter “requires the existence of anti-discrimination (or similar) legislation covering both
the public and the private sphere in the fields such as housing, transport, telecommunications, cultural and leisure
activities, as well as effective remedies for those who have been unlawfully treated” 99 .
Article 23 of the Revised European Social Charter guarantees the right of elderly persons to social protection100 .The
Committee reads this provision as requiring the introduction of non-discrimination legislation protecting elderly
persons against discrimination on grounds of age. 101 It also insists on the provision of adequate resources to the
elderly, by pensions or other financial assistance where they perceive no salary, or by an adequate level of wages ;
on the provision of services and facilities, including home help services and day care centres in particular for
elderly persons suffering from Alzheimer’s disease ; on health care programmes and services specifically aimed at
the elderly ; on the inclusion of the needs of elderly persons in national or local housing policies ; on the
availability, accessibility and quality of residential institutions for elderly persons ; and on the possibility for elderly
persons, their families, and social and trade union organisations to make complaints about care and treatment in
the institution.
98
Concl. 2003-1, p. 168 (France – Article 15 para. 3) ; Concl. 2003-1, p. 507 (Slovenia – Article 15 para. 3).
99
Concl. 2003-1, p. 170 (France – Article 15 para. 3) ; Concl. 2003-1, p. 298 (Italy – Article 15 para. 3) ; Concl. 2003-2, p. 508 (Slovenia – Article 15
para. 3) ; Concl. 2003-2, p. 614 (Sweden – Article 15 para. 3).
100
This provision has no exact equivalent in the 1961 Charter. It has been introduced initially as Article 4 of the Additional Protocol of 4 May
1988, which added 4 rights to the original list contained in the 1961 Charter.
101
Concl. 2003, vol. 1 (Italy), p. 314.
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