CGIL v. Italy

The complaint was registered on 17 January 2013. The complainant trade union, Confederazione Generale italiana del Lavoro (CGIL), alleges that the formulation of Article 9 of Law No. 194 of 1978, which governs the conscientious objection of medical practitioners in relation to the termination of pregnancy, is in violation of Article 11 (the right to health) of the European Social Charter, read alone or in conjunction with the non-discrimination clause in Article E, in that it does not does not protect the right guaranteed to women with respect to the access to termination of pregnancy procedures. It alleges also a violation of Article 1 (the right to work), 2 (the right to just conditions of work), 3 (the right to safe and healthy working conditions), 26 (the right of dignity at work) of the European Social Charter, the latter articles read alone or in conjunction with the non-discrimination clause in Article E, in that it not does not protect the rights of the workers involved in the above-mentioned procedures. Moreover, the complainant organisation asks the Committee to recognise, with respect to the subject-matter of the complaint, the relevance of Articles 21 (the right to information and consultation) and 22 (the right to take part in the determination and improvement of the working conditions and working environment) of the European Social Charter.

The European Committee of Social Rights declared the complaint admissible on 12 October 2015.

In its decision on admissibility and the merits the European Committee of Social Rights concluded:

• unanimously, that there is a violation of Article 11§1 of the Charter;
• by 9 votes to 2, that there is a violation of Article E read in conjunction with Article 11 of the Charter ;
• by 6 votes to 5, that there is a violation of Article 1§2 of the Charter on the grounds of the difference in treatment between objecting and non-objecting medical practitioners ;
• unanimously, that there is no violation of Article 1§2 of the Charter in relation to the allegation of forced or compulsory labour;
• unanimously, that there is no violation of Articles 2§1 of the Charter ;
• unanimously, that there is no violation of Articles 3§3 of the Charter ;
• by 7 to 4, that there is a violation of Article 26§2 of the Charter ;
• unanimously no separate issue arises under Article E taken together with Article 2§1, 3§3 and 26§2 of the Charter

The Committee of Ministers has adopted Resolution CM/ResChS(2016)3 on 6 July 2016.