Non-Governmental Organisations entitled to lodge collective complaints

Further to social partners, only International Non-Governmental Organisations (INGOs) holding participatory status with the Council of Europe (see the dedicated webpage of the Conference of INGO's of the Council of Europe) are entitled to lodge collective complaints.

First request for entitlement

INGOs holding participatory status with the Council of Europe must submit an application letter duly signed by the person entitled to represent the INGO, stating his or her title and functions, preferably by electronic mail, to the following address: [email protected]
Postal address:
Department of Social Rights
Directorate General Human Rights and Rule of Law Council of Europe
F-67075 Strasbourg Cedex

including the following information: headquarters of the INGO; telephone; fax; e-mail; web site; the date the INGO was granted participatory status with the Council of Europe, and indicating that the INGO fulfils the conditions stated in paragraph 20 of the Explanatory Report to the Additional Protocol providing for a system of collective complaints.

To this end, the INGO may refer to the following documents:

Constitution/Statute of the INGO;
rules of procedure;
composition of its Administrative Council;
composition of its Executive Board, if any;
latest activity report;
its participation in meetings of INGO bodies of the Council of Europe (meetings and dates);
any other relevant document.

Upon receipt, applications by INGOs are submitted for approval to the Governmental Committee of the European Social Charter and the European Code of Social Security at its twice-yearly meetings, which draws up the list of INGOs entitled to lodge collective complaints for a four-year period. Each INGO is duly informed of the Governmental Committee’s decision.

Renewal of entitlement

INGOs wishing to renew their entitlement should forward their request duly signed by the person entitled to represent the INGO, stating his or her title and functions, to the above-mentioned postal and e-mail addresses.

Conditions to be fulfilled for entitlement of INGOs

The Governmental Committee draws up the above-mentioned list, on the basis of the following principles:

INGOs which hold participatory status with the Council of Europe and consider themselves particularly competent in any of the matters governed by the Charter are invited to express their wish to be included on a special list of INGOs entitled to submit complaints;
each application must be supported by detailed and accurate documentation aiming to show in particular that the INGO has access to authoritative sources of information and is able to carry out the necessary verifications, to obtain appropriate legal opinions, etc., in order to draw up reliable and complete complaint files;
all applications are transmitted to the Governmental Committee, accompanied by an opinion of the Secretary General which reflects the degree of interest and participation shown by the INGO in its normal dealings with the Council of Europe;
an application is considered accepted by the Governmental Committee unless it is rejected in a ballot by a simple majority of votes cast;
inclusion on the special list is valid for a period of four years, after which it lapses unless the organisation applies for renewal in the six-month period preceding the expiry date. The procedure described above applies to renewal applications.

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Back Gender pay gap is still persistent in Europe

The European Committee of Social Rights (ECSR) has adopted 15 decisions (see links below) on state compliance with the right to equal pay, as well as the right to equal opportunities in the workplace, following complaints which were lodged within the framework of the collective complaints procedure by the international NGO University Women Europe (UWE). The decisions concern the 15 States which have accepted the complaints procedure (Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Finland, France, Greece, Ireland, Italy, the Netherlands, Norway, Portugal, Slovenia and Sweden). The decisions were adopted by the ECSR on 5 and 6 December 2019 and became public on 29 June 2020.

The decisions identify clear and strong standards in the field of equal pay and, more precisely, they require that the right to equal pay has to be guaranteed in law (UWE Decisions Factsheet). The ECSR has identified the following obligations for States:

To recognise the right to equal pay for equal work or work of equal value in their legislation;
To ensure access to effective remedies for victims of pay discrimination;
To ensure and guarantee pay transparency and enable pay comparisons;
To maintain effective equality bodies and relevant institutions in order to ensure equal pay in practice.

Moreover, the right to equal pay implies the obligation to adopt measures to promote it. This obligation has two elements: on the one hand, collecting reliable and standardised data to measure and analyse the gender pay gap and, on the other hand, designing effective policies and measures aimed at reducing the gender pay gap on the basis of an analysis of the data collected. The States are also under an obligation to show measurable progress in reducing the gender pay gap.

The ECSR acknowledges that the gender pay gap is no longer solely or even primarily a result of discrimination as such. The gap arises mainly from differences in the so-called “average characteristics” of women and men in the labour market. These differences result from many factors, such as horizontal segregation, where there is the concentration of one sex in certain economic activities (sectoral gender segregation) or the concentration of one sex in certain occupations (occupational gender segregation), as well as vertical segregation. The decisions highlight the positive obligations of States to tackle these phenomena in the labour market, including by promoting the advancement of women in decision-making positions within private companies.

14 out of the 15 States were found to be in violation of one or more of the above-mentioned aspects of the obligation to guarantee the right to equal pay and the right to equal opportunities in the workplace. However, the ECSR also noted various positive developments. Measures taken by some States in recent years have led to some progress in reducing the gender pay gap, but the progress is slow. The ECSR’s decisions clearly demonstrate that problems and practices, such as segregation in the labour market, lack of pay transparency, secrecy regarding pay levels, obstacles to access effective remedies and retaliatory dismissals continue to exist and prevent full realisation of the equal pay principle.

The decisions on the merits of the complaints lodged by UWE:

No. 124/2016 University Women of Europe (UWE) v. Belgium

No. 125/2016 University Women of Europe (UWE) v. Bulgaria

No. 126/2016 University Women of Europe (UWE) v. Croatia

No. 127/2016 University Women of Europe (UWE) v. Cyprus

No. 128/2016 University Women of Europe (UWE) v. Czech Republic

No. 129/2016 University Women of Europe (UWE) v. Finland

No. 130/2016 University Women of Europe (UWE) v. France

No. 131/2016 University Women of Europe (UWE) v. Greece

No. 132/2016 University Women of Europe (UWE) v. Ireland

No. 133/2016 University Women of Europe (UWE) v. Italy

No. 134/2016 University Women of Europe (UWE) v. the Netherlands