December 2012
                                                                                                   No. 9



Human Rights, together, every day
European Social Charter 


Guaranteed Rights

Legal & social  protection
Movement of persons

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 have ratified the Additional Protocol providing for a system of collective complaints

Overview of signatures and ratifications

Complete presentation of signatures and ratifications

Recent developments in the collective complaints procedure of the European Social Charter

The Social Charter at a glance and The European Social Charter, updated versions


Our rights - our responsibilities 

School Children in Warsaw presented the European Social Charter, at a Conference in Warsaw "Children and social rights", 30 November 2012. The presentation was based on the comic book on the Social Charter.

Tell me, what is the European Social Charter ?

pdf format 

Useful Links

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EuropeanCommittee European Committee of Social Rights

The Committee held its 261st session from  3 to 7 December during which it adopted Conclusions 2012 and XIX-1, covering Charter rights relating to employment, training and equal opportunities.  These conclusions will become public in January 2013.


A seminar on the European Social Charter: discretion of States, organised in cooperation with the International Institute of Human Rights René Cassin, will be held in honour of three members leaving the Committee at the end of the year and who have served two mandates:



Mr Jean-Michel Belorgey, General Rapporteur and former President,


Ms Csilla Kollonay-Lehoczky,


and Mr Andrzej Swiatkowski, former Vice-president.

 - Programme - Photo gallery

Election of members
By a resolution adopted by the Committee of Ministers on 28 November 2012, the following candidates have been elected as members of the European Committee of Social Rights, with effect from 1 January 2013, for a term of office which will expire on 31 December 2018:

- Ms Monika Schlachter (German);
- Ms Eliane Chemla (French);
- Ms Birgitta Nyström (Swedish);
- Mr Marcin Wujczyk (Polish).
A fifth candidate, was elected by the Committee of Ministers on 12 December 2012 to the remaining vacant seat:
- Mr Jozsef Hajdu (Hungarian).  
ComplaintsCollective Complaints 2012

Decisions on the merits

GENOP-DEI and ADEDY v. Greece, Complaint No. 66/2011

The Committee concluded unanimously that there is no violation of Articles 1§1 and 7§§ 2 and 9 of the 1961 Charter and that there is a violation of Articles 4§1, 7§7, 10§2, 12§3 of the 1961 Charter. The decision on the merits became public on 19 October 2012. (more information)
GENOP-DEI and ADEDY v. Greece, Complaint No. 65/2011
The Committee concluded that there was a violation of

Article 4 (right to a fair remuneration) of the 1961 Charter and that Article 3§1a of the Additional Protocol of 1988 (right to take part in the determination and improvement of the working conditions and working environment) is not applicable.The decision on the merits became public on 19 October 2012 (more information)   


Further decisions on social rights restrictions due to the economic crisis in Greece will be taken by the Committee in the framework of the examination of Complaints

Nos. 76/2012, 77/2012, 78/2012, 79/2012 and 80/2012. See Collective Complaints Website  


International Federation of Human Rights ( FIDH ) v. Belgium, Complaint No. 62/2010

The decision on the merits became public on 31 July 2012. In this case FIDH alleges a violation of rights related to housing for Travellers under the European Social Charter and invokes Articles 16 (the right of the family to social, legal and economic protection) and 30 (the right to protection against poverty and social exclusion) of the Revised Charter. (more information


Committee of Ministers adopted texts

Syndicat de Défense des Fonctionnaires v. France, Complaint No. 73/2011  
Following the decision of the merits in which the Committee ruled that France was not in violation of Articles 12 and 1!2 of the Revised Charter, the Committee of Ministers adopted Resolution Res CM/ChS (2012) 6 on 28 November 2012.
Confederation of Independent Trade Unions in Bulgaria (CITUB), Confederation of Labour "Podkrepa" (CL
"Podkrepa") and European Trade Union Confederation (ETUC) v. Bulgaria, Complaint No. 32/2005
Following the decision on the merits in which the Committee ruled that the right to strike is restricted in several sectors of the Bulgarian economy in a manner that is not in conformity with the Social Charter, the Committee of Ministers adopted Resolution Res CM/ChS (2012) 4 on 10 October 2012 in which it takes note of the Government's statement and the information it has communicated on the follow-up to the decision of the European Committee of Social Rights and welcomes the measures already taken by the Bulgarian authorities and their commitment to bring the situation into conformity with the Charter.


Decisions on admissibility


 International Planned Parenthood Federation European Network (IPPF EN) v. Italy, Complaint No. 87/2012

The decision on admissibility was adopted on 22 October 2012. The complainant organisation alleges a violation of the right to health (Article 11 of the European Social Charter, read alone or in conjunction with the non-discrimination clause in Article E), due to inadequate protection of the right to access procedures for the termination of pregnancy. (more information)



Recent complaints


European Federation of National Organisations working with the Homeless (FEANTSA) v.The Netherlands, Complaint No. 86/2012

This complaint concerns the situation of the homeless and was registered on 4 July 2012.



>> Collective Complaints Website  

ConclusionsConclusions 2013 and XX-2 (2013)
National Reports

The Committee is currently examining national reports covering Charter rights related to health, social security and social protection. The deadline for submitting reports was 31/10/2012. (more information)
It is possible to consult reports online for the following countries : Albania, Armenia, Austria, Belgium, Finland, Ireland, Latvia, Netherlands, Norway and Slovak Republic .

Comments by INGOs and trade unions may be consulted by clicking here.

>> More information
InTheFieldThe Charter in the field
Promoting the Collective Complaint Procedure in States Parties
Seminar  on the European Social Charter, Yerevan, Armenia, 15 November 2012, with the aim of promoting the ratification of the Additional Protocol providing for a system of collective complaints  Programme

Information meetings on the system of collective complaints, Belgrade, Serbia, 6-7 November 2012 Programme

Conferences and events to promote the rights of vulnerable groups 



Round Table on the Right to Housing, Strasbourg, France, 29 November 2012 Programme
Building Europe through Human Rights: Acting together against extreme poverty", a conference organised in cooperation with the Conference of INGOs, 17 October 2012, Strasbourg, France Programme
Colloquium on the right to work for refugees,
Strasbourg, 27 September, 2012
organised in cooperation with UNHCR
- Podcast  
Academic Conferences 
Day of protest against gender-based violence, Valencia, Spain, 28 November 2012  Programme
Academic Conference on the European Social Charter, Rome, Italy, 16 November 2012 

Training and workshops

Workshop on Collective Complaints, organised by International Planned Parenthood Federation European Network (IPPF EN) in Brussels, Belgium, 8 November 2012 Programme

  Training of judges on social rights "Protecting men and women workers through the human rights based instruments, Ohrid, "the Former Yugoslav Republic of Macedonia", 6-7 November 2012 Programme

 >> Activities and Events 2012

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

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Directorate General Human Rights and Rule of Law

Council of Europe

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