Children's and Young Persons’ Rights

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FIDH claimed that France had violated the right to medical assistance (Article 13 of Revised European Social Charter) by ending the exemption of illegal immigrants, with very low incomes, from charges for medical and hospital treatment. Further, the complainant alleged the rights of children to protection (Article 17) were contravened by a 2002 legislative reform that restricted access to medical services for children of illegal immigrants. The Committee found that France had acted contrary to the rights of children, but not adults.

The International Commission of Jurists (ICJ) alleged that a large number of children in Portugal (estimated at 200,000 children) worked in poor conditions that affected their health. The ICJ claimed that Portugal was violating article 7(1) of the European Social Charter (ESC) by failing to properly supervise child labour. The government disputed the ICJ's statistics, claiming a maximum of 27,000 children worked and only 2,500 children were paid workers and employed in contravention of the Charter.

The Bhe judgment concerned three related cases (Bhe, SAHRC and Shibi), which were decided together. In the first action, the father of applicants, Nonkuleleko and Anelisa Bhe (aged 9 and 2), had died, and the mother (the third applicant) brought an action to secure the deceased's property for her daughters. Under the African customary law rule of primogeniture as well as section 23 of the Black Administration Act, the house became the property of the eldest male relative of the father, in this case the grandfather.

Autism‑Europe alleged that implementation by France of statutory instruments relating to provision of education to persons with disabilities was extremely poor. The overwhelming majority (80‑90 percent) of young adults and children with autism had no access to adequate educational services.