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 European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in 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. 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 which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include

social and economic rights Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econo ...

. 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 ap ...

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

full employment Full employment is a situation in which there is no cyclical or unemployment#Cyclical unemployment, deficient-demand unemployment. Full employment does not entail the disappearance of all unemployment, as other kinds of unemployment, namely Structu ...

, reduction of working hours

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 full ...

, parental leave, social security, social and legal protection from

poverty Poverty is the state of having few material possessions or little income. Poverty can have diverse social, economic, and political causes and effects. When evaluating poverty in ...

and social exclusion, free movement of persons and non-discrimination, also the rights of 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, physical, se ...

.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 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 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 organiz ...

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 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