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Friday, August 25, 2006
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Nature of the Case

Autism Europe claimed France had failed to provide sufficient education to adults and children with autism; social rights can be progressively realised when very complex and expensive but realization must occur within a reasonable time with maximum use of available resources; lack of overall progress by France constituted a violation; France’s method of securing funds for education through social health insurance system was a matter of governmental discretion.

Enforcement of the Decision and Outcomes

The Committee of Ministers, which is empowered to make recommendations with regard to the Committee’s legal finding, noted the comprehensive measures France said it would take and stated that they looked forward to France reporting that the situation had improved at the time of its next report in the Supervision Cycle. Autism Europe acknowledged that these plans were still insufficient but hoped that the decision would ‘prompt France finally to provide appropriate education for people with autism’. In May 2006, the attorney for Autism-Europe noted that improvements were negligible despite the adoption of a new plan.

Significance of the Case

Autism Europe noted that the case is significant not only for people for autism since its ‘scope goes well beyond this group by reasserting the right to education for all people with disabilities, regardless of the severity of the disability’ and was the “first collective complaint to defend the rights of people with disabilities in Europe.’

Groups Involved in the Case

Complainant

Autisme-Europe
Rue Montoyer 39

1000 Bruxelles, BELGIQUE

Tel: +32(0)2.675.75.05
Fax: +32(0)2.675.72.70
E-Mail: secretariat@autismeurope.org

 

Advocate for Complainant

Evelyne Friedal

C/o JONES DAY

120, rue du Fauborg Saint Honore

F-75008 Paris

Tel: +33 (0)1 56 59 38 93

Email: efriedal@jonesday.com