Following the form for the reports to be submitted in pursuance of the Charter, national reports should give for each accepted provision of the Charter any pertinent information on measures adopted to ensure its application, mentioning in particular:

  • the legal framework – any laws or regulations, collective agreements or other provisions that contribute to such application; as well as where relevant pertinent national case-law – relevant decisions by courts and other judicial bodies;
  • the measures taken (administrative arrangements, programmes, action plans, projects, etc.) to implement the legal framework;
  • any pertinent figures, statistics or any other relevant information enabling an evaluation of the extent to which these provisions are applied.
     

States parties reports should be accompanied by the principal laws and regulations on which the application of the accepted provisions of the Charter is based.
 

The reports should, wherever appropriate, specify explicitly:

  • whether they are only concerned with the situation of nationals or whether they apply equally to the nationals of the other Parties;
  • whether they are valid for the national territory in its entirety;
  • whether they apply to all categories of persons included in the scope of the provision.
     

The information required, especially statistics, should, unless otherwise stated, be supplied for the period covered by the report. Where statistics are requested for any provision, it is understood that, if complete statistics are lacking, States parties may supply data or estimates based on ad hoc studies, specialised or sample surveys, or other scientifically valid methods, whenever they consider the information so collected to be useful and ensuring that the administrative effort required to collect data is in proportion with the desired acquisition of information.

The first State report following the entry into force of the Charter in respect of the State concerned should contain detailed information on all relevant aspects of the provision, whereas for subsequent reports it will suffice to up-date the information on the legal framework given in previous reports.

However, each report should contain appropriate explanations and/or information relating to developments of the situation in practice during the reference period.  In addition, it is recalled that each report, except the first report, shall contain replies to any questions raised by the European Committee of Social Rights in its conclusions, whether questions of a general nature addressed to all States (such questions appear in the “general introduction”) or specific questions contained in the conclusions proper in respect of each State for each provision.

 

 

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Back States Parties to the European Social Charter are invited to report on health, social security and social protection by 31 December 2020

States Parties to the European Social Charter are invited to report on health, social security and social protection by 31 December 2020

The European Committee of Social Rights transmitted the questions to States Parties of the Revised European Social Charter and the 1961 Charter relating to the provisions belonging to the thematic group 2 on health, social security and social protection under the reporting procedure. States parties are invited to report on the accepted provisions under the following articles: Article 3 (the right to safe and healthy working conditions), Article 11 (the right to protection of health), Article 12 (the right to social security), Article 13 (the right to social and medical assistance), Article 14, (the right to benefit from social welfare services), Article 23 or Article 4 of the of the Additional Protocol (the right of elderly persons to social protection), and Article 30 (the right to protection against poverty and social exclusion).

As in 2019, the European Committee of Social Rights, wishing to focus its monitoring and to alleviate the reporting burden of States, invites States Parties to limit the report to replies to specific and targeted questions for each of the above-mentioned articles of the Charter, without prejudice to responding to issues still pending from previous reporting cycles.

This is a result of the work carried out by the Steering Committee for Human Rights (CDDH) to identify good practices through a report with a view to improving the implementation of social rights in Europe and the proposals made by the European Committee of Social Rights which aim to render the reporting procedure under the European Social Charter more effective and targeted.

As the questions were addressed to states later than usual, the European Committee of Social Rights invites countries to submit their reports by 31 December 2020 (instead of end of October). Similarly, the Committee extends the period for submission of comments on national reports by trade unions, employers’ organisations and non-governmental organisations until 30 June 2021 (instead of the usual 30 April deadline).

Strasbourg, France 27/07/2020
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