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The European Social Charter – protecting social rights in Europe

Social rights as guaranteed by the European Social Charter form part of the Council of Europe’s mission. They are indispensable to everyone in order to lead dignified and empowered lives. Social rights are human rights, and all human rights are universal, indivisible, interdependent and interrelated. They often serve as gateway rights to enjoy other human rights, such as civil and political rights.

The backdrop of contemporary challenges such as the fallout from the COVID-19 pandemic, the escalating cost-of-living, energy crises, Russia's war of aggression against Ukraine, the looming threats of climate change, and heightened tensions at the global level, only increases the importance of safeguarding social rights. These crises have led to a surge in social exclusion, poverty, social inequalities and marginalisation across Europe.

The European Social Charter is a Council of Europe treaty that seeks to protect fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which guarantees civil and political rights. It provides for a broad range of everyday human rights related to employment, housing, health, education, social protection, protection against poverty and social exclusion, social security, and welfare. 

The Charter is widely regarded as the Social Constitution of Europe and represents an essential component of the continent’s human rights architecture, being the most comprehensive legal instrument for the protection of human social rights at the European level.

The European Social Charter is based on a ratification system enabling States, subject to certain limitations, to choose the provisions they are willing to accept as binding international legal obligations. This system is provided for by Article A of the European Social Charter (Article 20 of the 1961 Charter).

It is in the spirit of the Charter for States to progressively increase their commitments, tending towards acceptance of most – if not all – provisions of the Charter, as opposed to an à la carte stagnancy.  Article A of the European Social Charter (Article 20 of the 1961 Charter) allows states, at any time subsequent to ratification of the treaty, to notify the Secretary General of their acceptance of additional articles or paragraphs.

42 of the 46 member states of the Council of Europe are Parties to either the 1961 European Social Charter or the 1996 Revised European Social Charter, including all European Union member states. The remaining four Council of Europe member States have signed one of the two Council of Europe social rights treaties but have not yet proceeded to ratification.

The 1991 Amending Protocol, which improves the supervisory machinery of the Charter, requires four more ratification to enter into force. The Protocol confirms the political role of the Committee of Ministers and of the Parliamentary Assembly of the Council of Europe. It clarifies the respective functions of the two principal treaty bodies, namely the European Committee of Social Rights (a body composed of independent members, which assesses from a legal standpoint whether the situations in the States Parties are in conformity with the Charter in law and in practice) and the Governmental Committee (a body composed of representatives of each of the States Parties, which prepares the Committee of Ministers’ work). The 1991 Amending Protocol also reinforced the participation of social partners and non-governmental organisations.

The collective complaints procedure was introduced by an Additional Protocol to the European Social Charter adopted in 1995. It entered into force on 1 July 1998. 16 member states have accepted to be bound by the collective complaints procedure either by ratifying the 1995 Additional Protocol or by declaring its acceptance under Article D.2 of the Revised Charter. The collective complaints procedure provides a unique framework for trade unions, employers’ organisations and civil society organisations to prompt the examination of the situation in a given state when they consider that the provisions of the Charter are not respected. This is an important and eminently democratic “good governance” tool in pursuing social justice and equality throughout Europe.

The European Social Charter texts include: ETS No.035 - European Social Charter; ETS No.128 - Additional Protocol to the European Social Charter; Treaty No.142 - Protocol amending the European Social Charter; Treaty No.158 - Additional Protocol to the European Social Charter Providing for a System of Collective Complaints; Treaty No.163 - European Social Charter (revised).

Reform of the European Social Charter system

On 27 September 2022, the Committee of Ministers adopted a reform package aimed at modernising the European Social Charter system (CM(2022)114-final). The ultimate goal is to assist States Parties in ensuring respect for social rights in line with their commitments. For this purpose, emphasis is placed on the need for enhanced dialogue between the Charter organs (European Committee of Social Rights and Governmental Committee) and States Parties as well as all relevant stakeholders (national human rights institutions, national equality bodies, trade unions and other civil society organisations).

The reform package was completed in March 2023 with the Committee of Ministers’ decisions (CM/Del/Dec(2023)1460/4.1) on longer-term substantive and procedural issues aimed at improving the implementation of social rights in Europe and reinforcing the European Social Charter system.

Council of Europe standards and the outcome of their monitoring are supplemented by country-specific or regional support activities. However, this cooperation work is still in an incipient stage with respect to social rights and the European Social Charter. Up to now, cooperation projects have received funding only in Ukraine, the Republic of Moldova, Georgia and Armenia, while the need for technical assistance extend well beyond those Council of Europe member states. Full implementation of the reform package and the improved implementation of social rights across Europe would require further support through cooperation activities and enhanced dialogue. Funding opportunities would need to be explored in this respect.

Looking at the wider global context, the effective implementation of the European Social Charter also serves to implement the UN 2030 Agenda and the Sustainable Development Goals (SDGs), in particular the SDG 1 - No poverty (End poverty in all its forms everywhere), SDG 5 - Gender Equality (Achieve gender equality and empower all women and girls), SDG 8 - Decent Work and Economic Growth (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all) and SDG 10 - Reduced Inequalities (Reduce inequality within and among countries).

Vilnius Declaration 2024

On 4 July 2024, a High-Level Conference on the European Social Charter took place in Vilnius, Lithuania, as part of the follow-up to the 4th Summit of the Council of Europe, as a step for the member States to take further commitments under the Charter. The Conference had been proposed in the Reykjavik Declaration by the Heads of State and Government, who stated that “Social justice is crucial for democratic stability and security and in this regard [reaffirmed their] full commitment to the protection and implementation of social rights as guaranteed by the European Social Charter system.”

The Conference was organised under the auspices of the Lithuanian Presidency of the Committee of Ministers and was hosted in Vilnius by the Deputy Secretary General of the Council of Europe and the Minister of Social Security and Labour of Lithuania.

The High-Level Conference brought together Ministers and high-level officials competent in the field of social rights and social policy, representatives of Council of Europe entities, including the Parliamentary Assembly, the Congress of Local and Regional Authorities, the Commissioner for Human Rights, and the European Court of Human Rights. Other participants included representatives from the European Union, ILO, UN, etc., as well as civil society, social partners, academia, and National Human Rights Institutions and Equality Bodies or their pan-European networks. The members of the European Committee of Social Rights and the Governmental Committee of the European Social Charter and the European Code of Social Security also participated at the Conference.

To respond to the Reykjavik Declaration, the High-Level Conference allowed Ministers and high-level officials to discuss social rights challenges and the European Social Charter. They were able to reaffirm the crucial importance of the Charter and its monitoring procedures, including the collective complaints procedure, as vectors of good governance. They also had the opportunity to express support for the realisation of social rights in view of their relevance in preventing democratic backsliding. The participating Ministers and Heads of delegation adopted a landmark political declaration - Vilnius Declaration, reinforcing the commitment of Council of Europe member states to social justice and the protection of social rights.

At the Conference, marking the 25th anniversary of the Revised European Social Charter and the 75th anniversary of the Council of Europe, a dedicated treaty event took place. This treaty event marked a significant advancement of the Charter system. Notably, Iceland—one of the then seven States still bound by the 1961 Charter—announced the ratification of the Revised European Social Charter. In addition:

•       Andorra accepted Article 22;

•       Ireland accepted Articles 8§1 and 27§1(c);

•       The Republic of Moldova accepted Articles 4§2, 7§6, 10§§1–5, and 15§3;

•       Armenia pledged to accept Article 11 and initiated an internal process to that effect.

Council of Europe and institutional partnerships over the Social Rights Agenda

European Union

The Conclusions on EU priorities for cooperation with the Council of Europe 2023-2024 specifically highlight the important role of the European Social Charter in relation to the Porto Social Summit and indicate that “the EU will also promote the effective implementation of the ESC and its protocols and follow with interest the ongoing reform process aiming to improve the ESC system”.

In April 2023, the most recent resolution of the European Parliament on Institutional relations between the EU and the Council of Europe 2022/2137(INI) - 18/04/2023, stated: “As the EU has gradually developed into a political union, the number of areas in which the activities of the two organisations overlap and complement each other has increased. Members therefore believe that, in view of the frequent overlapping of competences, it is important to avoid duplication or divergence of standard and to set up appropriate consultation channels between the European Union and the Council of Europe which would allow the coordination of normative work in an incipient phase.”  

Furthermore, the European Parliament “calls on the Commission and the Member States to make progress with regard to the accession by the European Union to the revised European Social Charter and to propose a clear timeframe for achieving that objective”.

In December 2024, at the multi-stakeholders event "Social Rights are Human Rights: The European Social Charter and the European Pillar of Social Rights in the follow-up to the Vilnius and La Hulpe Declarations", the Council of Europe and the European Commission (DG Empl, EEAS and European Economic and Social Council) representatives highlighted the importance of strengthening cooperation on the Social Agenda in fostering social cohesion, economic equality, and democracy and explored ways to translate the two political declarations- Vilnius and La Hulpe -  into practice, to increase synergy between the rights enshrined in the European Social Charter and the actions and policies of the European Pillar of Social Rights.

United Nations

In September 2024, at the UN Summit of the Future, the Council of Europe organised a side event focused on making the social rights of youth a reality. This event underscored the importance of international cooperation to advance youth social rights and protection. The Second World Summit for Social Development to be held in Doha in November 2025 will be an important opportunity to take the European social rights agenda to the global stage. With over 30 Council of Europe member States already sponsoring its organisation, this summit provides a critical opportunity for the Council of Europe to contribute to a concise, action-oriented political declaration on social development underlining the essential character of social rights in the human rights edifice.