European Convention on Human Rights

 

European Social Charter

Rome, 4 November 1950

In force on 3 September 1953

Adoption and
entry into force

Turin, 18 October 1961

In force on 26 February 1965

16 protocols have been adopted between 1952 and 2013, adding new rights or modifying the mechanism (the two latest 2013 protocols are not yet into force).

In particular, major structural reforms entered into force on 1 November 1998 (Protocol 11, introduction of a single permanent court) and 1 June 2010 (Protocol 14, procedural amendments). The ratification by all States Parties is required for the entry into force of any procedural amendment.

Developments

3 protocols have been adopted in 1988, 1991 and 1995 adding new rights or modifying the monitoring mechanism (the 1991 protocol has not entered into force, but based on a decision of the Committee of Ministers of the Council of Europe most of its provisions are already implemented).

In addition, the Revised Charter was opened for signature in Strasbourg on 3 May 1996 and entered into force on 1 July 1999. The Revised Charter is gradually replacing the 1961 Charter.

The 1995 Protocol, which entered into force on 1 July 1998, introduced a monitoring system based on collective complaints.

The Convention has been ratified by all 47 member States to the Council of Europe. As from 1974, any new member State accessing the Council of Europe must sign the Convention and ratify it within one year. Although not all States have accepted some rights covered by the new protocols, all of them are bound at least by the 14 provisions covering substantive rights in the 1950 Convention.

States and substantive rights covered

43 out of 47 member States to the Council of Europe have ratified either the 1961 Charter or the Revised Charter. The ratification of the Charter is not yet a requirement for accession to the Council of Europe. States ratifying the 1961 or the Revised Charter do not need to accept all the provisions covering substantive rights, they are only bound to accept a certain number of Articles (including at least some from a selected list) or numbered paragraphs.

States are bound to guarantee respect of the Convention rights to any person within their jurisdiction.

Scope

States are bound to guarantee respect of the Charter rights to their nationals, to nationals of other Parties lawfully resident or working regularly within the territory of the Party concerned.

Certain rights are recognised to refugees and stateless persons and, for some provisions, to any person within the State’s jurisdiction.

The European Court of Human Rights, set up on 21 January 1959 and, since 1998, sitting as a full-time judicial body.

It is composed of 47 judges (one in respect of each State Party), elected by the Parliamentary Assembly of the Council of Europe for a non-renewable term of 9 years.

Supervisory body

The European Committee of Social Rights, set up in 1965, meeting 7 weekly sessions per year.

It is composed of 15 experts, elected by the Committee of Ministers of the Council of Europe for a 6 years term, renewable once.

Judicial assessment of State or individual applications by the European Court of Human Rights, leading to judgments finding violations or non-violations of the Convention (and the possible grant of just satisfaction), or to friendly settlements.

Supervisory mechanism

Double supervisory mechanism:

a) Quasi-judicial assessment of collective complaints by the European Committee of Social Rights, leading to Decisions finding violations or non-violations (Collective Complaints Procedure).

b) Monitoring by the European Committee of Social Rights based on annual national reports drafted by States parties, leading to Conclusions of conformity or non-conformity adopted (Reporting System).

The Committee of Ministers of the Council of Europe supervises the implementation by the respondent State of the individual and general measures that the Committee of Ministers considers to be required to remedy the violation found and prevent new ones from occurring.

The State concerned has an obligation of result and the supervision continues until such result is reached and acknowledged through the adoption by the Committee of Ministers of a Final Resolution, closing the examination of the case.

Follow-up of
violations
  1. Collective complaints procedure
    In the event of violation of the Charter, the State is asked to notify the Committee of Ministers of the Council of Europe of the measures taken or planned to bring the situation into conformity.
    The Committee of Ministers may adopt a resolution, by a majority of those voting. The resolution takes account of the respondent State’s declared intention to take appropriate measures to bring the situation into conformity.
    If the State in question does not indicate its intention to bring the situation into conformity, the Committee of Ministers may also adopt a recommendation to the State.
  1. Reporting System
    After receiving the Conclusions of the European Committee of Social Rights, the Committee of Ministers adopts a Resolution closing each supervision cycle and may contain individual recommendations to the States parties concerned.
    When the European Committee of Social Rights concludes that a situation is not in conformity, the State Party concerned has to bring the situation into conformity. If the State takes no action, the Committee of Ministers may address a Recommendation to that State, asking it to change the situation in law and/or in practice.
    In this framework, the Committee of Ministers’ work is prepared by the Governmental Committee of the European Social Charter and European Code of Social Security, comprising representatives of the governments of the States Parties to the Charter.
    Ultimately, it falls to the European Committee of Social Rights to determine whether the situation has been brought into compliance with the Charter.
    This is done by the Committee in the framework of the Reporting system or the Collective Complaints Procedure.