The rights established by the Charter are guaranteed in a more or less explicit and detailed manner by EU law. The 98 paragraphs of the Revised Charter can be matched to binding provisions of primary or secondary EU law, albeit with some differences of both form and substance.

In addition to the relevant provisions of the Treaty on European Union (Article 6) and the Treaty on the Functioning of the European Union (particularly, in Article 18, the section concerning individuals' freedom of movement and, above all, that on social policy), most of the rights guaranteed by the Revised Charter are matched by corresponding safeguards in the EU Charter of Fundamental Rights, but with significant exceptions relating to certain articles and paragraphs.

Without being exhaustive, it can be said that in the case of secondary legislation (directives and regulations), the EU lays down requirements in a significant number of fields of specific relevance to social rights.

In this context or the context of other initiatives taken in the field of intergovernmental co-operation, the EU has addressed, to varying extents and in varying detail, a large number of social rights-related issues. It has also looked into issues including work organisation and working conditions, occupational health and safety, co-ordination in social security matters, social dialogue, free movement of workers, social inclusion and the fight against poverty, non-discrimination and the needs of vulnerable people such as people with disabilities and elderly people.

At present the 28 EU member states are part of the "system" of the Charter treaties (the 1961 Charter, the Additional Protocol of 1988, the Additional Protocol of 1995 and the Revised Charter), albeit with differences regarding the commitments they have entered into: nine states are bound by the 1961 Charter (five of which are also bound by the Protocol of 1988) and nineteen by the Revised Charter. With the exception of two states, France and Portugal – which have accepted all the paragraphs of the Revised Charter - the others have ratified a greater or lesser number of provisions of either version of the Charter. Only fourteen EU member states have accepted the 1995 Protocol establishing a system of collective complaints. This results in a variety of situations and contracted obligations.

There is a clear lack of uniformity in the acceptance of Charter provisions by the EU member states. This is the result of the choices made by each State Party when expressing its sovereign will on the basis of the Charter acceptance system described above. In this context, it should be noted that while applying the EU’s binding standards in an area covered by the Charter, some member States of the European Union have not accepted the Charter provisions establishing legally equivalent guarantees.

Coming events

Back European Committee of Social Rights statement on the right to protection of health in times of pandemic crisis

European Committee of Social Rights statement on the right to protection of health in times of pandemic crisis

In a statement of interpretation issued today on the right to protection of health (Article 11 of the European Social Charter) in times of pandemic, the European Committee of Social Rights endorses many measures adopted by states in response to COVID-19: “testing and tracing, physical distancing and self-isolation, the provision of adequate masks and disinfectant, as well as the imposition of quarantine and ‘lockdown’ arrangements. All such measures must be designed and implemented having regard to the current state of scientific knowledge and in accordance with relevant human rights standards.” The Committee recalls the need for adequate public health provision and resourcing, including for research, vaccine development and prevention. It also points to a range of other social human rights affected by the pandemic, including the right to health and safety at work or the rights of children and older persons, to which authorities must pay attention.

“In times of pandemic, the protection of the right to health for all must be the primary aim of State policies and measures, because pandemics - and state responses thereto – can also pose significant risks to many other social rights. The European Committee of Social Rights will offer further guidance to states on social rights exigencies in the response to COVID-19. The Committee will scrutinise closely action taken by states in response to the pandemic in terms of their social rights obligations. The questionnaire to states parties to the European Social Charter is already being prepared with this in mind,” declared the Committee’s President Giuseppe Palmisano.

Strasbourg, France 22/04/2020
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