The European Social Charter is a

Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...

treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...

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

West Germany West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 ...

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 an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

which is principally for

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

, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees

positive rights Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be a ...

and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows:

housing Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether ...

health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organ ...

education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...

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, these rights influe ...

full employment Full employment is a 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 remain. F ...

, reduction of

working hours Working(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 week by law, s ...

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 ful ...

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

social security Welfare, or commonly social welfare, 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 specifical ...

, social and legal protection from

poverty Poverty is the state of having few material possessions or little income. Poverty can have diverse

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. It is used across discipline ...

, free movement of persons and

non-discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of Racial discrimination, r ...

, also the rights of

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

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, physical, ...

.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 moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

and

freedoms Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and F ...

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 In corporate governance, codetermination (also "copartnership" or "worker participation") is a practice where workers of an enterprise have the right to vote for representatives on the board of directors in a company. It also refers to staff having ...

through representation on company or enterprise

board of directors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit orga ...

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 October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...

(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 The Committee of Ministers of the Council of Europe ( French: ''Comité des ministres du Conseil de l'Europe'') or Committee of Ministers ( French: ''Comité des ministres'') is the Council of Europe's decision-making body. It comprises the Forei ...

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

NGO A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...

s 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