Collective complaints

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:

1. Ethnic Data on Children in Public Care

European Roma Rights Centre v. Czech Republic, Complaint No. 190/2020, Decision of 18 October 2023

Complaint:

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.


Decision:

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

Complaint:

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.

Decision:

Following the complaint, net and cage beds were banned under new legislation. The Committee concluded that after these legal changes, there was no longer a violation of the Charter.


3. Legal Protection of Children Under 15

International Commission of Jurists v. Czech Republic, Complaint No. 148/2017, Decision of 20 October 2020

Complaint:

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).

Decision:

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

Complaint:

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.

Decision:

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.