Collective complaints before the European Committee of Social Rights provide a mechanism for certain organisations to bring attention to violations of the European Social Charter. While this mechanism is not available to individuals, it is open to international non-governmental organizations and social partners to address systemic shortcomings in the laws or practices of Charter contracting states.
The European Committee of Social Rights examines collective complaints and periodic reports from contracting states regarding their compliance with obligations under the Charter. When the Committee identifies a violation, it issues recommendations urging the state to implement corrective measures.
We have collaborated on the following collective complaints:
Resolved complaints:
1. Ethnic Data on Children in Public Care
European Roma Rights Centre v. Czech Republic, Complaint No. 190/2020, Decision of 18 October 2023
This complaint addressed the Czech Republic’s failure to collect and analyse data on the ethnic background of children placed in institutional care. The lack of data impedes the adoption of effective measures, leading to a disproportionately high number of Roma children being institutionalized. This situation violates families’ rights to social, legal, and economic protection.
The European Committee of Social Rights found a violation of the Charter and highlighted criticism from other international bodies regarding the Czech Republic’s insufficient efforts to tackle the discrimination and social exclusion of Roma people.
2. Net Beds
Validity Foundation – Mental Disability Advocacy Centre v. Czech Republic, Complaint No. 188/2019, Decision of 17 October 2023
This complaint focused on the mistreatment of elderly individuals and people with psychosocial disabilities using net and cage beds in healthcare facilities. These restrictive practices infringe on the right to health and the right of older persons to social protection.
3. Legal Protection of Children Under 15
International Commission of Jurists v. Czech Republic, Complaint No. 148/2017, Decision of 20 October 2020
This complaint concerned the rights of children under 15, who are below the age of criminal responsibility but had committed unlawful acts. The legal framework did not grant them the same procedural rights as juveniles aged 15 to 18, nor did it allow for alternatives to formal court proceedings (diversion measures).
The Committee found that the Czech Republic failed to provide equal legal protection and participation rights in preparatory proceedings for children under 15. This legal framework violated the Charter’s provisions on the social and economic protection of children. Based on these findings, legislative amendments were adopted to grant broader rights to children under 15.
4. Infant Care Institutions
European Roma Rights Centre (ERRC) and Mental Disability Advocacy Centre (MDAC) v. Czech Republic, Complaint No. 157/2017, Decision of 17 June 2020
The excessive placement of children under the age of three in infant care institutions was a long-standing issue in the Czech Republic. These institutions failed to provide suitable conditions and adequate care for young children. Roma children and children with disabilities were disproportionately represented among institutionalized children, while the state did not make sufficient efforts to provide alternative care.
The Committee stated that the state is obligated to ensure alternative care options that are closer to family or community-based care. Institutionalization should only be a measure of last resort and must not be discriminatory. The state must also collect relevant data. According to the Committee, the Czech Republic did not take the necessary measures to protect the rights of young children or provide adequate care for vulnerable groups. Infant care institutions were abolished in the Czech Republic as of January 2025.
Pending complaints:
(These complaints are still under review by the European Committee of Social Rights. No decision has been adopted yet.)
1. Pre-school Education for Romani Children
No. 220/2023 – European Roma Rights Centre (ERRC) v. Czech Republic
Registered on 2 January 2023
Complaint:
ERRC alleges that the Czech Republic has failed in their duty to provide Romani children and children facing poverty and social exclusion and their families with an available accessible and affordable system of pre-school education and ensure that these children can enjoy their right to access to quality pre-school education at kindergartens on an equal basis with others as Romani children, and children facing poverty and social exclusion. The lack of effective access to kindergartens amounts to discrimination and a breach of Article 16 (the right of the family to social, legal and economic protection) of the 1961 Charter read alone and in the light of the principle of non-discrimination contained in the Preamble of the 1961 Charter.
2. Social care services for people with disabilities
No. 245/2025 – International Association Autism-Europe v. Czech Republic
Registered on 19 March 2025
Complaint:
Autism Europe alleges that the Czech Republic has failed in its duty to provide people with disabilities, including adults and especially children with autism, intellectual disabilities and challenging behaviours, with affordable and adequate community-based social care services and has neglected to provide sufficient support to informal carers, in violation of Articles 11§§1 and 3 (the right to protection of health), 14§§1 and 2 (the right to benefit from social welfare services) and 16 (the right of the family to social, legal and economic protection) of the 1961 Charter read alone as well as to Articles 11§1, 11§3 and 16 read in the light of the non-discrimination clause established in the preamble to the 1961 Charter.
