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The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it. [1]
The Charter was established to support the European Convention on Human Rights which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows: housing, [2] health, [3] education, labour rights, full employment, [4] reduction of working hours [5] equal pay for equal work, [6] parental leave, [7] social security, [8] social and legal protection from poverty and social exclusion, [9] free movement of persons and non-discrimination, also the rights of migrant workers [10] and that of the persons with disabilities. [11]
States Parties to the Charter must submit annual reports on a part of the provisions of the Charter (be it the 1961 Charter or the 1996 Revised Charter), showing how they implement them in law and in practice.
The Charter was revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty. The Charter sets out human rights and freedoms and establishes a supervisory mechanism guaranteeing their respect by the States parties.
Article 21 creates the right to information and consultation.
Article 22 creates the right to take part in the determination and improvement of the working conditions and working environment", or codetermination through representation on company or enterprise board of directors and work councils.
The Parties accept as the aim of their policy, to be pursued by all appropriate means
both national and international in character, the attainment of conditions in which
the following rights and principles may be effectively realised:
1. Everyone shall have the opportunity to earn his living in an occupation freely
entered upon.
2. All workers have the right to just conditions of work.
3. All workers have the right to safe and healthy working conditions.
4. All workers have the right to a fair remuneration sufficient for a decent standard
of living for themselves and their families.
5. All workers and employers have the right to freedom of association in national
or international organisations for the protection of their economic and social
interests.
6. All workers and employers have the right to bargain collectively.
7. Children and young persons have the right to a special protection against the
physical and moral hazards to which they are exposed.
8. Employed women, in case of maternity, have the right to a special protection.
9. Everyone has the right to appropriate facilities for vocational guidance with a
view to helping him choose an occupation suited to his personal aptitude and
interests.
10. Everyone has the right to appropriate facilities for vocational training.
11. Everyone has the right to benefit from any measures enabling him to enjoy the
highest possible standard of health attainable.
12. All workers and their dependants have the right to social security.
13. Anyone without adequate resources has the right to social and medical assistance.
14. Everyone has the right to benefit from social welfare services.
15. Disabled persons have the right to independence, social integration and par-
ticipation in the life of the community.
16. The family as a fundamental unit of society has the right to appropriate social,
legal and economic protection to ensure its full development.
17. Children and young persons have the right to appropriate social, legal and
economic protection.
18. The nationals of any one of the Parties have the right to engage in any gainful
occupation in the territory of any one of the others on a footing of equality with
the nationals of the latter, subject to restrictions based on cogent economic or
social reasons.
19. Migrant workers who are nationals of a Party and their families have the right
to protection and assistance in the territory of any other Party.
20. All workers have the right to equal opportunities and equal treatment in matters
of employment and occupation without discrimination on the grounds of sex.
21. Workers have the right to be informed and to be consulted within the undertaking.
22. Workers have the right to take part in the determination and improvement of
the working conditions and working environment in the undertaking.
23. Every elderly person has the right to social protection.
24. All workers have the right to protection in cases of termination of employment.
25. All workers have the right to protection of their claims in the event of the insol-
vency of their employer.
26. All workers have the right to dignity at work.
27. All persons with family responsibilities and who are engaged or wish to engage
in employment have a right to do so without being subject to discrimination
and as far as possible without conflict between their employment and family
responsibilities.
28. Workers’ representatives in undertakings have the right to protection against
acts prejudicial to them and should be afforded appropriate facilities to carry
out their functions.
29. All workers have the right to be informed and consulted in collective redundancy
procedures.
30. Everyone has the right to protection against poverty and social exclusion.
31. Everyone has the right to housing.
The European Committee of Social Rights (ECSR) is the body responsible for monitoring compliance in the States party to the Charter.
The ECSR is composed of 15 independent members who are elected by the Council of Europe's Committee of Ministers for a period of six years, renewable once.
Under the 1995 Additional Protocol providing for a system of Collective Complaints which came into force in 1998, complaints of violations of the Charter may be lodged with the ECSR.
Certain organisations are entitled to lodge complaints with the ECSR (a special list of NGOs has been established, made up of NGOs enjoying participatory status with the Council of Europe). The ECSR examines the complaint and, if the formal requirements have been met, declares it admissible. The State Party may then respond in writing, and a hearing may be requested by either party to the procedure. Finally, the Committee comes to a decision on the merits.
