European Committee of Social Rights

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What is the Committee of Social Rights

The European Committee of Social Rights is the monitoring body of the European Social Charter. It is composed of 15 independent, impartial members which are elected by the Council of Europe’s Committee of Ministers for a period of six years, renewable once.

What is the role of the Committee of Social Rights

The European Committee of Social Rights rules on the conformity of the situation in States with the Charter under two complementary mechanisms: through collective complaints lodged by the social partners and governmental organisations (collective complaints procedure), and through national reports drawn up by the States Parties (reporting procedure).

States Parties have an obligation to cooperate with the Committee and its jurisprudence (both “decisions” in complaints and “conclusions” on the basis of national reports). This obligation arises from the application of the principle of good faith to the observance of all treaty obligations. For States Parties to ignore or not take into account the Committee’s decisions and conclusions would be to fail to show good faith in implementing their Charter-based obligations.

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A word from the President of ECSR

events

Back Exchange of views between Karin Lukas, President of the European Committee of Social Rights, and the Committee of Ministers Delegates

In her exchange of views with the Committee of Ministers Delegates, Karin Lukas, President of the European Committee of Social Rights (ECSR), emphasised that during her mandate the Committee has consistently aimed to interpret the Charter in the light of present-day conditions to keep up with the drastic changes impacting social rights and to better protect rights bearers, especially the most vulnerable.

The successive crises which have rippled worldwide, have put extreme strain on the enjoyment of social rights by many on our continent. In this context, Karin Lukas underlined the adoption by the Committee of Ministers of an ambitious reform package of the Charter system in September 2022, after a broad consultation process under the aegis of GT-CHARTE. She recalled that the main objective of the reform was to render the reporting procedure lighter and more targeted, strengthen the role of the Governmental Committee and enhance the dialogue among stakeholders.

She also informed the Ministers’ Deputies that the European Committee of Social Rights has decided to strengthen its follow-up on non-accepted provisions. For this purpose, in addition to reporting on non-accepted provisions, meetings with the authorities and other stakeholders will resume in order to identify or create opportunities for accepting further provisions. In addition, and in line with decisions of the Deputies, this process will also include States Parties bound by the 1961 Charter*, with the aim not only of increasing the number of accepted provisions but also of encouraging them to ratify the Revised Charter.

Karin Lukas also emphasised that the addition of new rights to the Charter should be given proper consideration in order to take full account of the evolving social context and expectations of European citizens.

Finally, Karin Lukas stressed that, for the reform to be truly successful and in order to maintain the quality and relevance of the Charter, it is crucial to provide the European Committee of Social Rights and its Secretariat with adequate resources.

Intervention of Karin Lukas before the Committee of Ministers Delegates