European Social Charter

Newsletter 
of the European Committee of Social Rights (ECSR)
 
December 2010,
No. 4                                                                                                        pdf format  
Top
European Social Charter
 
Guaranteed Rights 
Housing
Health
 Education
 Employment
 Legal & social  protection
 Movement of persons
 Non-discrimination
ContentsCONTENTS

States Parties

Signatures and ratifications

47 States have signed either the Revised Charter or the 1961 Charter.
30 out of 43 States are bound by the Revised Charter and 13 by the 1961 Charter.

Useful Links

Publications

These publications are available in pdf format on the Social Charter website

- European Social Charter (1961), Conclusions XIX-3

- European Social Charter (revised) Conclusions 2010

- Summaries of Decisions on admissibility (1998-2010) 
- Summaries of Decisions on the merits (1998-2010)

available in 21 languages
 

Book of the Month

Social Human Rights of Europe by Mr Matti MIKKOLA, former President of the European Committee of Social Rights
Ordering information
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The European Committee of Social Rights rules on the conformity of the situation in States with the European Social Charter, the 1988 Additional Protocol and the Revised European Social Charter.

It adopts conclusions through the framework of the reporting procedure and decisions under the collective complaints procedure. 
ExchangeSGThe Secretary General of the Council of Europe highlights indivisibility of human rights

Mr Thorbiorn Jagland, Secretary General of the Council of Europe and Mrs Polonca Koncar, President of the ECSR

On 13 September 2010, Mr Thorbiorn Jagland held an exchange of views with the European Committee of Social Rights (ECSR), the treaty body which rules on the conformity of national law and practice with the European Social Charter. Mr Jagland emphasised the complementarity of the Social Charter and the European Convention on Human Rights and the unique role of the ECSR in enforcing fundamental social rights at a time when Europe is facing difficult economic and social challenges.


CommitteeEuropean Committee of Social Rights
  
Bureau
President: Ms Polonca KONCAR (Slovenian)
Vice-President: Mr Andrzej SWIATKOWSKI(Polish)
Vice-President: Mr Colm O'CINNEIDE  (Irish)
Rapporteur General: Mr Jean-Michel BELORGEY (French)
>>List of members

Election of members of the Committee to take effect from 1 January 2011

 Following the adoption of Resolution CM/ResChS(2010)9 at the 1097th meeting of the Ministers' Deputies on 10 November, the following five members have been elected with effect from 1 January 2011, for a term of office which will expire on 31 December 2016:

- Mr Lauri LEPPIK, (Estonian); (2nd mandate)
- Ms Karin LUKAS (Austrian);
- Mr Colm O'CINNEIDE (Irish); (2nd mandate)
- Ms Elena MACHULSKAYA (Russian);
- Mr Giuseppe PALMISANO (Italian).

Workshop on recent developments in collective complaints in honour of Mrs Polonca Koncar

 

<30/11/2010> This workshop provided an opportunity to bring together members of the European Committee of Social Rights, government authorities of the 14 countries bound by the Additional Protocol providing for a system of Collective Complaints and the representatives of a selection of INGOs in order to exchange views and information on the collective complaint mechanism. It was held in honour of Mrs Polonca Koncar, President of the Committee, whose mandate ends at the end of this year.
>>More information

ReportingSystemReporting System

The conclusions of the European Committee of Social Rights for 2010 (Revised European Social Charter) and XIX-3 (2010) (1961 European Social Charter)  are now available by State Party .

These conclusions contain the Committee's assessment of the conformity of national situations with the labour rights provisions of the Revised European Social Charter and the 1961 European Social Charter, such as the right to just conditions of work, the right to fair remuneration, the right to organise and the right to bargain collectively.

Conclusions 2010 and XIX-3 (2010) by State Party
 
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National Reports for Conclusions 2011 (Revised European Social Charter) and XIX-4 (2011) (1961 European Social Charter)
 
In 2011, the Committee will examine Charter rights related to children, families and migrants.

The following articles are concerned for both the Revised Charter and the 1961 Charter: Article 7 (the right of children and young persons to protection) , Article (the right of employed women to protection), Article 16 (the right of the family to social, legal and economic protection), Article 17 (the right of mothers and children to social and economic protection) and Article 19 (the right of migrant workers and their families to protection and assistance). 

The States bound by the Revised Charter will also report on Article 27 (the right of workers with family responsibilities to equal opportunity and treatment) and Article 31 (the right to housing).  The reference period covered is from 2005-2009.

The deadline for submitting reports was 31/10/2010. 

>>National reports

Conclusions 2011 and XIX-4 (2011) will be made public by the end of 2011.


ComplaintsCollective Complaints: 2010
 
Recent decisions on the merits 
 
Centre on Housing Rights and Evictions (COHRE) v. Croatia, No. 52/2008
Decision of 22/06/2010: Violation of Article 16 read in the light of the non-discrimination clause of the Preamble of the European Social Charter. 

Centre on Housing rights and Evictions (COHRE) v. Italy, No. 58/2009 
Decision of 25/06/2010: Violation of Article E in conjunction with Articles 16, 191, 4c. and 8, and 31 of the Revised European Social Charter
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Recent decisions on admissibility:

International Federation for Human Rights v. Belgium, No.62/2010, registered on 30 September 2010, declared admissible

European Roma Rights Centre v. Portugal, No. 61/2010, declared admissible

European Council of Police Trade Unions v. Portugal, No. 60/2010, declared admissible

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Recently registered complaint: 

 Centre on Housing Rights and Evictions v. France, No. 63/2010, registered on 15 November 2010.
RomaRightsThe European Social Charter and Roma Rights
 
The European Social Charter guarantees fundamental social rights for all persons present on the territory of its States' Parties, nationals and non-nationals alike.  No one (i.e. including nationals of non Council of Europe member states, persons in an irregular situation, undocumented persons and thus also Roma and Travellers falling within these categories) may be deprived of the rights under the Charter which are linked to life and dignity. 

The European Committee of Social Rights has been directly called upon to assess the situation of Roma and Travellers. To date, it has found violations of the rights of Roma and Travellers under Articles 11 (Right to protection of health), 13 (Right to social and medical assistance) 16 (Right of the family to social, legal and economic protection), 17 (Right of mothers and children to social and economic protection), 19 (Right of migrant workers and their families to protection and assistance), 30 (Right to be protected against poverty and social exclusion) and 31 (Right to housing), as well as Article E (non-discrimination) taken in conjunction with these Articles of the Charter.

>>Further information on Roma rights

SeminarsRecent Seminars and Events 2010

 

Three seminars on Non-Accepted Provisions of the Revised Charter

- Malta, 7 December 2010

- Tallinn, Estonia, 20 September 2010

- Tbilissi, Georgia, 9 July 2010

 

Seminar in Vologda (Russian Federation), 17 - 18 November 2010

This seminar aimed to train government officials and other legal professionals in the legal requirements of the Revised Charter and provided assistance in the drafting of the first report on the application of the Revised Charter.

  

Workshop in Moscow (Russian Federation) on the European Social Charter, 15 October 2010

At this workshop a presentation was given of the European Social Charter and its article 14 (the right to benefit from social welfare services)

 

International Colloquy on Social Rights, Seville (Spain), 21 to 24 September

Presentation by Mr Jean-Michel Belorgey, General Rapporter of the European Committee on Social Rights on the collective complaints procedure

 

>> More information on Seminars/Events


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Department of the European Social Charter
Council of Europe
Directorate general of Human Rights and Legal Affairs
Directorate of Monitoring

F-67075 Strasbourg Cedex
 
Tel. +33 (0) 3 88 41 32 58
Fax. +33 (0) 3 88 41 37 00