Social Rights

The Committee of Ministers adopted, on 6 September 2023 at the 1473rd meeting of the Ministers' Deputies, 21 resolutions on the application of the European Code of Social Security by 21 contracting parties to the Code. The resolutions cover the period from 1 July 2021 to 30 June 2022. They are prepared on the basis of the conclusions of the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) following the annual reports submitted by Contracting Parties in line with Article 74 (on accepted parts of the Code).

The Governmental Committee of the European Social Charter and the European Code of Social Security adopted the draft resolutions at its 146th meeting, held in Strasbourg from 9 to 12 May 2023.  

Out of the 21 conclusions, in only eight cases (Belgium, Estonia, France, Luxembourg, Portugal, United Kingdom, Switzerland and Czechia) it has found that national law and practice continue to give full effect to the Parts of the Code and the Protocol which have been accepted. As regards Belgium, however, this conclusion is made subject to receiving further clarifications regarding the participation of patients in the cost of medical care in case of maternity. With regard to Czechia and Switzerland, the Committee notes with interest that the Code is fully applied without giving rise to further questions, based on its examination of their annual reports. As regards Estonia, this conclusion is made subject to ensuring the provision of a survivors’ benefit for the whole period during which a minor child in custody is dependent on the surviving spouse. As regards France, this conclusion is made subject to an in-depth verification of the replacement rate of some benefits. As regards Luxembourg, this conclusion is made subject to the establishment of criteria for the determination of invalidity in conformity with Article 54 of the Code, as amended by the Protocol, which provides that the prescribed extent of inability shall not exceed two-thirds. As regards Portugal, this conclusion is subject to receiving further clarifications regarding the level of old-age, invalidity and survivors’ pensions. As regards the United Kingdom, this conclusion is subject to certain modifications in the criteria for eligibility to Universal Credit.