March 2013
                                                                                                   No. 10

 

NEWSLETTER   

OF THE EUROPEAN COMMITTEE  
OF SOCIAL RIGHTS
Human Rights, together, every day
European Social Charter 

 

Guaranteed Rights

Housing
Health
Education
Employment
Legal & social  protection
Movement of persons
Non-discrimination

Signatures and Ratifications

 

47 States have signed or ratified either the Charter or the 1961 Charter. 
32 out of 43 States are bound by the Revised Charter and 11 by the 1961 Charter.
15 out of 43 States are bound by the collective complaints procedure.

Overview of signatures and ratifications

Complete presentation of signatures and ratifications

 

 

  
 
  
  

 


 


Tell me, what is the European Social Charter ?

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 On 14 February 2013, the Latvian Parliament approved the ratification of the Revised European Social Charter. Latvia will become the 33rd State to be bound by the Revised Charter.  The instrument of ratification is expected to be deposited in the near future.

RightsPovertyThe President of the European Committee of Social Rights, Luis Jimena Quesada, speaks at the Conference "Poverty and Inequality in Societies of Human Rights, the paradox of democracies" (Strasbourg, France, 21-22 February 2013)

 

"The European Social Charter is the principal Council of Europe treaty working to promote social democracy, the social state and social rights ... and consequently, it can be considered emblematic of the fight against poverty."

 

Poverty & Inequality Conference: Approaching the future with a new perspective
Workshop : Approaching the future with a new perspective

 

- Speech by Prof. Jimena Quesada

 

>> more information

EuropeanCommittee European Committee of Social Rights
    
 
The Committee held its 263rd session from 18 to 22 March 2013 during which it examined national reports on the following Charter rights relating to health, socal security and social protection :
  
- the right to safe and healthy working conditions (Article 3)
- the right to protection of health (Article 11)
- the right to social security (Article 12)
- the right to social and medical assistance(Article 13)
- the right to benefit from social services (Article 14)
- the right of the elderly to social protection (Article 23 or Article 4 of the 1988 Additional Protocol for States have ratified this instrument)
- the right to be protected against poverty and social exclusion (Article 30, for the States having ratified the Revised Charter).
The conclusions based on the examination of national reports will become public in the beginning of 2014.

During the session the Committee held an exchange of views with the Commissioner for Human Rights, Mr. Nils Muiznieks, in order to improve collaboration between the Office of the Commissioner and the Committee. The Commissioner referred to, inter alia, current challenges faced by all human rights, and in particular social rights, which are often overlooked or deliberately ignored in the current context of economic and social crisis.
 
ComplaintsCollective Complaints 2013

Decisions on the merits


Defence for Children International (DCI) v. Belgium, Complaint No. 69/2011, decision of 23/10/2012. This complaint concerns foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, who are currently, according to the complainant organisation, excluded from social assistance. The Committee concluded that there was a violation of Article 17, Article 7§10 and Article 11 §§ 1 and 3 of the Revised Charter. (more information) 

 

European Council of Police Trade Unions (CESP) v. France, Complaint No. 68/2011, decision of 23 October 2012. The Committee concluded that there was a violation of Article 4 (right to a fair remuneration) of the Revised Charter.  (more information)

 

Medecins du Monde - International v. France, Complaint No. 67/2011. This complaint concerns the rights of Roma living in France with regard to housing, education for their children, social protection and health care.  The Committee concluded that there was a violation of Article E read in conjunction with Articles 11§§-3, 13§1, 16, 17§2, 19§8, 30 and 31§§1-2 of the Revised Charter, and of Article 13§4.

   

Texts adopted by the Committee of Ministers
   
General Federation of employees of the National Electric Power Corporation (GENOP-DEI) and Confederation of Greek Civil Servants' Trade Unions (ADEDY) against Greece, Complaint No. 66/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)3 on 5 February 2013.
  
General Federation of employees of the National Electric Power Corporation (GENOP-DEI) and Confederation of Greek Civil Servants' Trade Unions (ADEDY) against Greece, Complaint No. 65/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)2 on 5 February 2013.
  
European Roma and Travellers Forum (ERTF) against France, Complaint No. 64/2011, the Committee of Ministers has adopted Resolution Res/CM/ChS(2013)1 on 5 February 2013. 

 

Recent complaints

 

- Finnish Society of Social Rights v. Finland (Complaint No. 88/2012)
- Federation of Catholic Family Associations in Europe (FAFCE) v. Ireland (Complaint No. 89/2013)
- Conference of European Churches (CEC) v. the Netherlands (Complaint No. 90/2013)
- Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (Complaint No. 91/2013)

Seven complaints have been lodged by Association for the Protection of All Children (APPROACH) Ltd.:

- Association for the Protection of All Children (APPROACH) Ltd v. France (Complaint No. 92/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Ireland (Complaint No. 93/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Italy (Complaint o. 94/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Slovenia (Complaint No. 95/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Czech Republic (Complaint No. 96/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Cyprus (Complaint No. 97/2013)
- Association for the Protection of All Children (APPROACH) Ltd v. Belgium (Complaint No. 98/2013)

 

>> Collective Complaints Website  

Conclusions2013Conclusions 2013 and XX-2 (2013)

 
The Committee is currently examining national reports covering Charter rights related to health, social security and social protection in view of Conclusions 2013. (more information)
 
  
  
Conclusions2012Conclusions 2012 and XX-1 (2012) are public
  
Conclusions 2012 ande XX-1 (2012) became public at the end of January 2013 and are on line on the website of the Charter.  These conclusions contain the assessment of the European Committee of Social Rights on the application of the Charter with regard to Charter rights relating to "Employment, training and equal opportunities".
  
In 2012, 652 conclusions, including 156 findings of violations of the Charter, were adopted. These conclusions concern 42 of the 43 States Parties to the Charter. As Hungary failed to submit a report the Committee was unable to adopt conclusions with respect to this State. Conclusions were adopted for the first time in respect of Montenegro, the Russian Federation and Serbia. 
  
ProgressMadeCharter
Progress made in the application of Charter rights

Despite the context of the economic and financial crisis, many States Parties have taken account of the Committee's conclusions in different areas in order to adjust the relevant laws and regulations or eliminate practices contrary to the standards laid down by the Committee.

 

In the course of examining the national reports, the Committee in Conclusions 2012 and XX-1 took note, inter alia of a number of examples of the impact of the Charter.

 

  
InTheFieldThe Charter in the field
 
  

Conferences and events to promote the rights of vulnerable groups 

________________

 

 
Immigration, a source of wealth and duties for Europe, a conference organised by the EU's European Economic and Social Committee and the Council of Europe, and the French Economic, Social and Environmental Council, Brussels (Belgium), 15 March 2013. This conference aimed to mobilise all stakeholders against the development of prejudices by focusing on good practices in managing immigration and to produce proposals for national and European policy-makers. Mr. Luis Jimena Quesada, President of the European Committee of Social Rights participated in this conference. 
  
  
  
  
  
  
  
  
This conference is the follow-up to the first Conference which was held in the context of the 50th anniversary of the Social Charter in September 2011, the Proceedings of which may be consulted on line. (more information)
  
   
  
  
"Poverty and Inequality in Societies of Human Rights, the paradox of democracies", organised by the Council of Europe in partnership with the European Commission, Strasbourg; 21 to 22 February 2013.
  
  
Colloquy §Conseil de l'Europe et OIT, deux institutions au service de la justice sociale - Mise en œuvre et influence des normes en Europe et en France § (the Council of Europe and ILO, two institutions working to achieve social justice -- the application of normes in Europe and France and their impact),  8 February 2013, Strasbourg, in the hemicycle of the Maison de la R§gion Alsace. The aim of the colloquy was to examine the supervisory mechanisms which ensure the application of the Conventions of the International Labour Organisation (ILO) and of the European Social Charter, and the challenges they face in a world characterised both by a high level of international competition and an extremely serious economic and social crisis. - Programme
  
  
Seminars to promote the Charter and its control mechanisms in its States Party
_______________________
  
Seminar on the collective complaint mechanism, organised in cooperation with the Finnish Human Rights Centre, Helsinki (Finland), 7 March 2013. - Programme
  
Seminar in Budapest on the European Social Charter A seminar on the European Social Charter was held in Budapest (Hungary) on 30 January 2013 with the aim of ensuring a wider application of the Charter in Hungary. 
  
  
Other events
____________

Academic Conference on the European Social Charter
Milan (Italy), 18 January 2013, organised by the University of Milan (Universit§ degli studi di Milano), in cooperation with the Department of the European Social Charter and the Academic Network on the European Social Charter. 
 
 

Award ceremony for the winner of the 4th edition of the International Focus Programme (IFP) essay competition on the right to health,

Strasbourg, France, 23 January 2013

On this occasion, Mr Luis Jimena Quesada, President of the European Committee of Social Rights and the winner, Mr. Alejandro Jos§ Zamora Pere, both presented allocutions.

- Photo Gallery
- Essay by Mr. Zamora Perez

  

 

 >> Activities and Events 2013


Department of the European Social Charter and the European Code of Social Security

Directorate of Human Rights

Directorate General Human Rights and Rule of Law

Council of Europe

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