The European Social Charter (referred to
below to as "the Charter") sets out rights
and freedoms and establishes a supervisory mechanism
guaranteeing their respect by the States Parties.
It was recently revised, and the 1996 revised European
Social Charter, which came into force in 1999, is
gradually replacing the initial 1961 treaty.
The appended table shows which countries have
currently signed and ratified the Charter.
Rights guaranteed by the Charter
The rights guaranteed by the Charter concern all
individuals in their daily lives:
Housing:
- construction of housing in accordance with
families' needs;
- reduction in the number of homeless persons;
- universally assured access to decent, affordable
housing;
- equal access to social housing for foreigners;
Health:
- accessible, effective health care facilities
for the entire population;
- policy for preventing illness with, in particular,
the guarantee of a healthy environment;
- elimination of occupational hazards so as to
ensure that health and safety at work are provided
for by law and guaranteed in practice;
Education:
- a ban on work by children under the age of
15;
- free primary and secondary education;
- free vocational guidance services;
- initial and further vocational training;
- access to university and other forms of higher
education solely on the basis of personal merit;
Employment:
- a social and economic policy designed to ensure
full employment;
- the right to earn one's living in an occupation
freely entered upon;
- fair working conditions as regards pay and
working hours;
- action to combat sexual and psychological harassment;
- prohibition of forced labour;
- freedom to form trade unions and employers'
organisations to defend economic and social interests;
individual freedom to decide whether or not to
join them;
- promotion of joint consultation, collective
bargaining, conciliation and voluntary arbitration;
- the right to strike;
Social protection:
- the right to social security, social welfare
and social services;
- the right to be protected against poverty and
social exclusion;
- special measures catering for families and the
elderly;
Movement of persons:
- simplification of immigration formalities for
European workers;
- the right to family reunion;
- the right of non-resident foreigners to emergency
assistance up until repatriation;
- procedural safeguards in the event of expulsion;
Non-discrimination:
- the right of women and men to equal treatment
and equal opportunities in employment;
- a guarantee that all the rights set out in
the Charter apply regardless of race, sex, age,
colour, language, religion, opinions, national
origin, social background, state of health or
association with a national minority.
European Committee of Social Rights
The European Committee of Social Rights (referred
to below as "the Committee") ascertains
whether countries have honoured the undertakings
set out in the Charter. Its twelve independent,
impartial members are elected by the Council of
Europe Committee of Ministers for a period of six
years, renewable once. The Committee determines
whether or not national law and practice in the
States Parties are in conformity with the Charter
(Article 24 of the Charter, as amended by the 1991
Turin Protocol).
A monitoring procedure based on
national reports
Every year the states parties submit a report
indicating how they implement the Charter in law
and in practice. Each report concerns some of the
accepted provisions of the Charter.
The Committee examines the reports and decides
whether or not the situations in the countries concerned
are in conformity with the Charter. Its decisions,
known as "conclusions", are published
every year.
If a state takes no action on a Committee decision
to the effect that it does not comply with the Charter,
the Committee of Ministers addresses a recommendation
to that state, asking it to change the situation
in law or in practice. The Committee of Ministers'
work is prepared by a Governmental Committee comprising
representatives of the governments of the States
Parties to the Charter, assisted by observers representing
European employers' organisations and trade unions1.
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A
collective complaints procedure
Under a protocol opened for signature in 1995,
which came into force in 1998, complaints of violations
of the Charter may be lodged with the European Committee
of Social Rights.
Organisations entitled to lodge complaints with the Committee
- In the case of all states that have accepted
the procedure:
- the ETUC, UNICE and the IOE1;
- Non-governmental organisations (NGOs) with consultative
status with the Council of Europe which are on
a list drawn up for this purpose by the Governmental
Committee;
- Employers' organisations and trade unions in
the country concerned;
- In the case of states which have also agreed
to this:
- National NGOs.
The complaint file must contain the following
information:
a |
the name and
contact details of the organisation submitting
the complaint; |
b |
proof that the
person submitting and signing the complaint
is entitled to represent the organisation
lodging the complaint; |
c |
the state against
which the complaint is directed;
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d |
an indication
of the provisions of the Charter that have
allegedly been violated; |
e |
the subject matter of the complaint, i.e.
the point(s) in respect of which the state
in question has allegedly failed to comply
with the Charter, along with the relevant
arguments, with supporting documents. |
The complaint may be submitted freely on the basis
of the above, or using a form. It must be drafted
in English or French in the case of organisations
in categories 1 and 2 above. In the case of the
others (categories 3 and 4), it may be drafted in
the official language, or one of the official languages,
of the state concerned.
The Committee examines the complaint and, if the
formal requirements have been met, declares it admissible.
Once the complaint has been declared admissible,
a written procedure is set in motion, with an exchange
of memorials between the parties. The Committee
may decide to hold a public hearing.
The Committee then takes a decision on the merits
of the complaint, which it forwards to the parties
concerned and the Committee of Ministers in a report,
which is made public within four months of its being
forwarded.
Finally, the Committee of Ministers adopts a resolution.
If appropriate, it may recommend that the state
concerned take specific measures to bring the situation
into line with the Charter.
Effects of the application of
the Charter in the various states
As a result of the monitoring system, states make
many changes to their legislation or practice in
order to bring the situation into line with the
Charter. Details of these results (and current developments)
are described in the "Survey", published
annually by the Charter Secretariat (see below).
Where to find out more about the
Charter
- the Charter database http://hudoc.esc.coe.int/,
which can be accessed online or on CD Rom, makes
it easy to find out about the case-law of the
European Committee of Social Rights;
- the Charter website www.esc.coe.int
contains, in particular, all the national reports
and country-by-country fact sheets;
- the "Survey", published annually,
shows the extent to which each country's domestic
law complies with the Charter;
- the "Collected texts" contain all
the basic texts;
- the summary bibliography is regularly updated.
Secretariat of the European Social Charter
DG II - Directorate General of Human Rights
Council of Europe
F - 67075 Strasbourg Cedex
social.charter@coe.int
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