In 2023, a decision of the Committee on Social Rights of the Council of Europe officially recognised the violation of the rights of persons with disabilities and of their families by the French State. The decision follows a collective complaint filed in 2018 by Unapei, APF France handicap, Unafam and FNATH.

After years of investigation, the international institution based in Paris recognised the failure of the French State to comply with its obligations towards persons with disabilities. It was  highlighted several socio-economic injustices, unfair treatment and persistent violations of human rights of persons with disabilities were carried out by French authorities. More precisely the systematic limitation of primary services such as transport, access to school, housing and health, resulted in the denial of an independent life and freedom of choice, like other citizens in France. The obstacles identified have negative consequences not only to the persons with disabilities, but also on their families, who are obliged to compensate the shortcomings to the detriment of their physical, psychological, economic and professional lives.

In this respect the CEOs’ of Unapei, APF France Handicap, Unafam and FNATH declared that, on the basis of the Council of Europe's decision, they will pursue their actions and will put pressure on  decision-makers at local and at the highest level of the French administration.

The associations have denounced to the Council of Europe the unfair practices of the French administration in 6 concrete areas.

• In the area of support needs

The Council of Europe confirms that the French authorities have not made available support systems that are adapted to the needs and expectations of all persons with disabilities. A concrete action plan in the area, based on concrete data is required by the plaintiff associations.

• In the area of resources and compensation

The Council of Europe confirms that the standard of living of persons with disabilities and their families is lower on average than that of the rest of the population, which constitutes a profound socio-economic injustice.

The associations call for measures to increase the standard of living of persons with disabilities, who are particularly affected by inflation. They demand the indexation of allowances, benefits and compensations to enable them to live a dignified, free, autonomous and inclusive life in the French society.

• In the area of accessibility

The Council of Europe confirms that the principle of accessibility, enshrined in the French legal system by the laws of 1975 and 2005, is still not enforced. In addition, when it comes to accessibility, the French authorities and services, instead of making progress, have taken steps backwards in their obligations established by the law, indefinitely postponing the real implementation of the concrete measures in all the areas regulated thereby.

The associations are calling for public and private actors to work together to make the travel services accessible and allow the persons, whatever their disability is, to access public services and transport, as well as adapted housing.

• In the area of health

The Council of Europe confirms that people with disabilities are discriminated in the access to health care, among other reasons because emergency and health care services do not meet the needs of persons with disabilities in an appropriate way. The whole health care system should be adapted to the disabilities, without any additional costs for people, accessible within a reasonable time, and the care be provided in accordance with the rights of the patient. 

• In the field of education

The Council of Europe confirms that many students with disabilities are still "poorly" or not educated at all. The accessibility of the school system including the adaptation of teaching methods, tools, materials and the day-to-day pace are crucial. This requires training for teachers and providing them with all the necessary means of support.

• In the area of social protection

The Council of Europe confirms the shortcomings of the French administration in the protection of families, whose personal and professional lives are still too often impacted by the lack of generalised accessibility and the lack of specialised support, which prevent their disabled relative from leading an autonomous and included life in society. Carers have to change or even stop their professional activity, and are therefore affected by the loss of rights (leave, pension, etc.) and find themselves in a precarious situation.

The associations demand that the French administration finally comply with its commitments and its own legislation in order to remove the obstacles that create and aggravate disability situations in society, and so that the fundamental rights of people and their families are respected.

The French associations welcome this decision and hope that it will not remain yet another forgotten report on disability policy. Additionally, they underline the urgent need to reform the French disability policy in its entirety, and demand immediate action on that.

However, this does not stop here, The Council of Europe decision also sets precedence for other countries in Europe who are in similar situations regarding the violation of human rights of persons with disabilities.