The European Social Charter is a

Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...

treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...

which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after

West Germany West Germany was the common English name for the Federal Republic of Germany (FRG) from its formation on 23 May 1949 until German reunification, its reunification with East Germany on 3 October 1990. It is sometimes known as the Bonn Republi ...

had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.Carole Benelhocine, ''The European Social Charter'' (Council of Europe, 2012) pp77-78

The Charter was established to support the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

which is principally for

civil and political rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

, 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 Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...

health Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...

education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

labour rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...

full employment Full employment is an economic situation in which there is no cyclical or deficient-demand unemployment. Full employment does not entail the disappearance of all unemployment, as other kinds of unemployment, namely structural and frictional, may ...

, reduction of

working hours Working time or laboring time is the period of time that a person spends at paid labor. Unpaid labor such as personal housework or caring for children or pets is not considered part of the working week. Many countries regulate the work wee ...

equal pay for equal work Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the fu ...

parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave ...

social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...

, social and legal protection from

poverty Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...

and

social exclusion Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the Euro ...

, free movement of persons and non-discrimination, also the rights of

migrant workers A migrant worker is a person who Human migration, migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work. Migrant workers ...

and that of the persons with

disabilities Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physica ...

.European Social Charter, Article 15 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.

1996 revision

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 Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

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 Worker representation on corporate boards of directors, also known as board-level employee representation (BLER), refers to the right of workers to vote for representatives on a board of directors in corporate law. In 2018, a majority of Organisatio ...

through representation on company or enterprise

board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...

and work councils.

European Committee of Social Rights

The

European Committee of Social Rights 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 ...

(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.

Notes

External links

European Social Charter website 1961 European Social CharterRevised European Social Charter1995 Additional Protocol providing for a system of Collective ComplaintsConcise overview of the European Social Charter
{{Authority control Social Charter Human rights instruments Treaties entered into force in 1961 Treaties concluded in 1996 Treaties entered into force in 1999 Treaties entered into force in 1965 1961 in Italy Treaties of Austria Treaties of Belgium Treaties of Croatia Treaties of Cyprus Treaties of the Czech Republic Treaties of Denmark Treaties of Finland Treaties of France Treaties of West Germany Treaties of Greece Treaties of Hungary Treaties of Iceland Treaties of Ireland Treaties of Italy Treaties of Latvia Treaties of Luxembourg Treaties of Malta Treaties of the Netherlands Treaties of Norway Treaties of Poland Treaties of Portugal Treaties of Slovakia Treaties of Spain Treaties of Sweden Treaties of North Macedonia Treaties of Turkey Treaties of the United Kingdom Treaties extended to the Netherlands Antilles Treaties extended to Aruba Treaties extended to the Isle of Man

Contents

1996 revision

European Committee of Social Rights

See also

Notes

External links