European Social Charter

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      FAQ : The 9 most frequently asked questions about the European Social Charter

      1. What is the European Social Charter?
      2. What are the rights guaranteed by the Charter?
      3. Who monitors compliance with the Charter?
      4. What is the role of the European Committee of Social Rights ?
      5. How does monitoring work?
      6. When do States submit their periodic national reports?
      7. Who is entitled to lodge complaints with the European Committee of Social Rights ?
      8. Which States have signed and ratified the Charter?
      9. Which provisions have States decided to accept to be bound by?
       1.  What is the European Social Charter?              
      The European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty.

      The Charter sets out rights and freedoms and establishes a supervisory mechanism guaranteeing their respect by the States parties.
       2. What are the rights guaranteed by the Charter?
      The Charter guarantees rights and freedoms which concern all individuals in their daily existence. 
      The basic rights set out in the Charter are as follows:

       (click on each heading for details)

      Housing
      Health
      Education
      Employment
      Social and legal protection
      Movement of persons
      Non discrimination

      For a more comprehensive presentation of the Charter click here to download “The Social Charter at a glance”.

       3. Who monitors compliance with the Charter? blue
      The European Committee of Social Rights (ECSR) is the body responsible for monitoring compliance in the States party to the Charter.

      The Committee is composed of 15 independent, impartial members who are elected by the Council of Europe’s Committee of Ministers for a period of six years, renewable once.

      More information on the ECSR
       4. What is the role of the European Committee of Social Rights ? blue
      The Committee makes a legal assessment of the conformity of national situations with the European Social Charter, the 1988 Additional Protocol and the Revised European Social Charter.

      It adopts conclusions in the framework of the reporting procedure and decisions under the collective complaint procedure.
         
       5. How does monitoring work? blue
      - A monitoring procedure based on national reports

      States 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. Under the current reporting procedure in effect since 31 October 2007, the provisions are divided into four thematic groups, allowing for each provision to be reported on once every four years.

      - Group I: Employment, training and equal opportunities
      - Group II: Health, social security and social protection
      - Group III: Labour rights
      - Group IV: Children, families, migrants.

      The Committee examines the reports and decides whether or not the situations in the countries concerned are in conformity with the Charter. Its assessment in the form of  “conclusions", are published every year.

      If a state takes no action following  the European Committee of Social Rights' assessment of non-compliance with the Charter, the Committee of Ministers may address 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 unions (European Trade Union Confederation (ETUC), BusinessEurope (formerly UNICE) and International Organisation of Employers (IOE).)

      Flowchart of the reporting system

      - A collective complaints procedure

      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 Committee.

      Certain organisations are entitled to lodge complaints with the Committee (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.

      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.

      It 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.

      Flowchart of the collective complaint procedure
       6.  When do States submit their periodic national reports? blue
      Every year the States parties submit a report indicating how they implement the Charter in law and in practice. Under the new reporting system in effect since 31 October 2007 States are to present a report on a part of the provisions annually and each provision of the Charter will be reported on once every four years.

      Calendar of new reporting system
       7. Who is entitled to lodge complaints with the ECSR? blue
      Under the Collective Complaints Protocol, the organisations entitled to lodge complaints are as follows:

      – In the case of all states that have accepted the procedure:

      1. European Trade Union Confederation (ETUC), BusinessEurope (formerly UNICE) and International Organisation of Employers (IOE)

      2. Non-governmental organisations (NGOs) enjoying particpatory status with the Council of Europe which are on a list drawn up for this purpose by the Governmental Committee;

      3. Employers’ organisations and trade unions in the country concerned;

      – In the case of states which have also agreed to this:

      4. National NGOs.
       8. Which States have signed and ratified the Charter? blue
      A total of 43 States have ratified the Charter (either the 1961 Charter or revised version) and are listed as follows:

      Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovak Republic, Serbia? Slovenia, Spain, , Sweden, «the former Yugoslav Republic of Macedonia», Turkey and the United Kingdom have signed and ratified the Social Charter.

      The following 4 states have signed but not yet ratified the Charter: Liechtenstein, Monaco,  San Marino and Switzerland.

      Table of signatures and ratifications
      Overview of signatures and ratifications

      9. Which provisions have States decided to accept to be bound by? blue
      State parties have to accept at least 6 of the 9 articles of the “hard core” provisions of the Charter (Articles 1 (right to work), 5 (freedom of association), 6 (collective bargaining), 7 (right of children and young persons to protection), 12 (right to social security), 13 (right to social and medical assistance), 16 (right of the family to social, legal and economic protection), 19 (right of migrant workers and their families to protection) and 20 (right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex) and select an additional number of articles or numbered paragraphs to be bound by.

      The total number of articles or numbered paragraphs by which every state is bound is not less than 16 articles or 63 numbered paragraphs.

      Table of accepted provisions