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OT 13:16:01 24-01-2019
KL1314OT.018
Съвет на Европа - съобщение за медиите

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Dear colleagues,
Today, 24 January 2019, the Council of Europe's body, European Committee of Social Rights (ECSR), has published its findings relating to eight Council of Europe's member States, including Bulgaria, assessing the measures taken by the authorities to improve the situation with social rights of certain groups of population. In case of Bulgaria, these are Roma and mentally disabled children.
The publication analyses the measures Bulgaria has taken regarding the following three decisions by the European Committee of Social Rights:
1) European Roma Rights Center v. Bulgaria (Complaint No. 31/2005):
- In 2006, the European Committee found violation of the right of the family to social, legal and economic protection in conjunction with the right of non-discrimination. It noted the inadequate housing of Roma families and the lack of proper amenities; as well as the lack of legal security of tenure and the non-respect of the conditions accompanying eviction of Roma families from dwellings unlawfully occupied by them.
2) Mental Disability Advocacy Centre (MDAC) v. Bulgaria (Complaint No. 41/2007):
In 2008, the European Committee found violation of the right of children and young persons to social, legal and economic protection. Children with moderate, severe or profound intellectual disabilities residing in the homes for mentally disabled children (HMDC) did not have an effective right to education; discrimination against them (108, 109. p.23).
3) European Roma Rights Centre (ERRC) v. Bulgaria (Complaint No. 46/2007):
In 2008, the European Committee found violation of the right to social and medical assistance, to protection of health and the tight of non-discrimination. The measures adopted by the Government did not sufficiently ensure health care for poor or socially vulnerable persons who became sick. There was a failure of the authorities to take appropriate measures to address the exclusion, marginalization and environmental hazards. (129, 130. p.27).
The European Committee of Social Rights examined the measures taken by the Bulgarian authorities to bring the situation in conformity with the European Social Charter, the key Council of Europe's document dealing with social rights. Despite some progress achieved: for instance, the expansion of the network of health mediators for Roma (par. 139. p.28), the Committee has considered that in none of the three cases the measures taken by the Bulgarian Government have been enough to bring the situation in conformity with the Charter.
It had asked the authorities to provide additional information by October 2019, including on the situation (in law and in practice) with the legalisation of dwellings of Roma families and legislation and practice regarding the evictions of Roma (106. p.23); on the percentage of children with moderate, severe or profound intellectual disabilities residing in the homes for mentally disabled children who are educated in mainstream schools and special schools and the percentage of all other children who have access to education (127. p.26), as well as on measures to ensure effective access of Roma population to health care services, concrete campaigns on health education etc. (143. p.29).
On the basis of this information, the Committee will assess again the situation in Bulgaria.
Bulgaria ratified the Revised European Social Charter on 07/06/2000, accepting 62 of its 98 paragraphs, as well as the system of collective complaints. According to the system, non-governmental actors can submit to the European Committee of Social Rights their complaints about violations of the European Social Charter. Following the submission of the complaints, the European Committee of Social Rights may find violations of the European Social Charter and ask the state to remedy them by bringing the situation in conformity with the Charter.
All the information regarding Bulgaria and Social Charter can be found in the factsheet.
All in all, out of 49 cases examined for all the eight states, the information about which was published today, only five have been brought into conformity with the Charter and the Committee decided to terminate the follow-up to these five decisions.

See general press release below.

Best regards,

Tatiana Baeva


Tatiana Baeva
Media Officer / Spokesperson
Directorate of Communication
Council of Europe - Conseil de l'Europe
F-67075 Strasbourg Cedex
Phone + 33 (0) 3 88 41 21 41
Mob. + 33 (0) 685 11 64 93
http://www.coe.int
Twitter: @coe_ru
tatiana.baeva@coe.int




From: Council of Europe Communications [mailto:CouncilOfEuropeCommunications@coe.int]
Sent: jeudi 24 janvier 2019 10:11
To: BAEVA Tatiana
Subject: Committee of Social Rights/Comit? des droits sociaux: Finding on 8 countries/Constats sur 8 pays




MEDIA RELEASE
Communications




Strasbourg, 24 January 2019

European Committee of Social Rights publishes its findings 2018 on decisions in collective complaints procedures in 8 countries
https://go.coe.int/9q5kG
The European Committee of Social Rights (ECSR) today published its findings 2018 on the follow-up given by 8 States (Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy and Portugal) to decisions in the collective complaints procedure.
This procedure allows national and international trade union representations, employers' organisations, social partners and non-governmental actors to submit to the Committee their complaints about violations of the European Social Charter, a Council of Europe treaty that safeguards day-to-day fundamental social and economic rights such as housing, health, education, employment, social protection, welfare, freedom of movement of persons, non-discrimination.
The Charter is widely regarded as the Social Constitution of Europe and represents an essential component of the continent's human rights architecture.
Background:
The European Social Charter is a Council of Europe treaty signed in Turin on 18 October 1961. The substance of the Charter was up-dated and expanded by a revised version, the 1996 European Social Charter (revised).
The European Committee of Social Rights is a body composed of 15 independent and impartial members. It rules on the conformity of the law and practice of the States Parties with the Charter. The Committee has two procedures to ensure that States Parties comply with their commitments under the Charter: national reports and collective complaints. In the framework of the reporting procedure it adopts "conclusions" and in respect of the collective complaints procedure it adopts "decisions".
More information


Contact
Giuseppe Zaffuto, Spokesperson/Media officer, Tel. +33 3 90 21 56 04
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