Social Rights in times of pandemic
the word of the President
The COVID-19 crisis is a brutal reminder of the importance of ensuring lasting progress with respect to social rights enjoyment, particularly through the development of universal public health services. The pandemic shows in practical terms the indivisibility of human rights. It is crucial that the European Social Charter, also known as the Social Constitution of Europe, is used to shape human rights-compliant responses to the COVID-19 pandemic and to take stock once the crisis is over. The Charter, together with its monitoring mechanisms - reporting and collective complaints - are excellent tools for the reconstruction efforts that will follow.
Giuseppe Palmisano, President of the European Committee of Social Rights
Covid-19 and the European Social Charter
The right to safe and healthy working conditions
As the COVID-19 disease pandemic continues to develop, preventing spread of infection to and from health care workers and patients relies on effective use of personal protective equipment. A critical shortage of all of these is putting health care workers at risk. The right of every worker to a safe and healthy working environment, enshrined in the Article 3 of the European Social Charter, is a widely recognised principle, stemming directly from the right to personal integrity, one of the fundamental principles of human rights. It applies to the whole economy, covering both the public and private sectors, employees and the self-employed.
The right to protection of health
The right to health is a fundamental part of our human rights and of our understanding of a life in dignity. In times of pandemic crisis, the guarantee of human rights is as important as ever and responses to the crisis must be human rights sensitive. Article 11 of the European Social Charter enshrines the right to the highest possible standard of health and the right of access to health care. Under Article 11, health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in accordance with the definition of health in the Constitution of the World Health Organisation (WHO), which has been accepted by all Parties to the Charter.
The right of elderly persons to social protection
Older persons face special challenges during the Covid-19 crisis. In the global response to COVID-19, it is essential that States protect the rights of older persons on an equal basis with others without discrimination and without exception and in line with international standards. The rights of elderly persons are protected under Article 23 of the European Social Charter. The main purpose of Article 23 is to enable elderly persons to remain full members of society and requires States Parties to establish an adequate legal framework making it possible to combat age-based discrimination and providing for a procedure for “assisted decision-making”.
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Committee of Social Rights
Council of Europe
