The European Social Charter

A treaty is a solemn international agreement that states promise to honour when they ratify it.

The Council of Europe is a political organisation, founded in 1949, to defend the principles of democracy, human rights and the rule of law. Membership is open to all European states which undertake to abide by the Organisation’s principles. At present the Council of Europe has 47 member states.

Human rights are inalienable rights which guarantee the fundamental dignity of the human being.

The European Convention on Human Rights guarantees civil and political human rights.

The European Social Charter, its natural complement, guarantees social and economic human rights. It was adopted in 1961 and revised in 1996.

Rights guaranteed by the Charter

The European Committee of Social Rights

The European Committee of Social Rights (referred to below as “the Committee”) ascertains whether countries have honoured the undertakings set out in the Charter.

Its fifteen independent, impartial members are elected by the Council of Europe Committee of Ministers for a period of six years, renewable once.

The Committee determines whether or not national law and practice in the States Parties are in conformity with the Charter (Article 24 of the Charter, as amended by the 1991 Turin Protocol).

A monitoring procedure based on national reports

Every year the States Parties submit a report indicating how they implement the Charter in law and in practice. Each report concerns some of the accepted provisions of the Charter.

The Committee examines the reports and decides whether or not the situations in the countries concerned are in conformity with the Charter. Its decisions, known as “conclusions”, are published every year.

If a state takes no action on a Committee decision to the effect that it does not comply with the Charter, the Committee of Ministers addresses a recommendation to that state, asking it to change the situation in law and/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.

A collective complaints procedure

Under a protocol opened for signature in 1995, which came into force in 1998, complaints of violations of the Charter may be lodged with the European Committee of Social Rights.

Organisations entitled to lodge complaints with the Committee

– 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) with participative 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.

The complaint file must contain the following information:

1. the name and contact details of the organisation submitting the complaint;
2. proof that the person submitting and signing the complaint is entitled to represent the organisation lodging the complaint;
3. the state against which the complaint is directed;
4. an indication of the provisions of the Charter that have allegedly been violated;
5. the subject matter of the complaint, i.e. the point(s) in respect of which the state in question has allegedly failed to comply with the Charter, along with the relevant arguments, with supporting documents.

The complaint must be drafted in English or French in the case of organisations in categories 1 and 2 above. In the case of the others (categories 3 and 4), it may be drafted in the official language, or one of the official languages, of the state concerned.

The Committee 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.

The Committee 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.

The impact of the Charter in member States

As a result of the monitoring system, states make changes to their legislation and/or practice in order to bring the situation into line with the Charter.