The European Social Charter is based on what is termed a ratification system, enabling States, under certain circumstances, to choose the provisions they are willing to accept as binding international legal obligations.

Under this system, each Party undertakes:

  • to consider Part I of the Charter as a declaration of the aims which it will pursue by all appropriate means, as stated in the introductory paragraph of that part;
  • to consider itself bound by at least six of the following nine articles of Part II of this Charter: Articles 1, 5, 6, 7, 12, 13, 16, 19 and 20 (in the corresponding provision of the 1961 Charter the Articles referred to were Articles 1, 5, 6, 12, 13, 16 and 19);
  • to consider itself bound by an additional number of articles or numbered paragraphs of Part II of the Charter which it may select, provided that the total number of articles or numbered paragraphs by which it is bound is not less than sixteen articles or sixty-three numbered paragraphs (in the corresponding provision of the 1961 Charter, the total number of articles or numbered paragraphs was supposed not to be less than 10 articles or 45 numbered paragraphs).

Table of provisions accepted by States Parties to the European Social Charter

 

  With a view to encourage States Parties to progressively accept all the Charter’s provisions, Article 22 of the 1961 Charter provides that the States concerned shall send to the Secretary General of the Council of Europe, at appropriate intervals and as requested by the Committee of Ministers, reports relating to the provisions of Part II of the Charter which they did not accept at the time of their ratification or approval or in a subsequent notification. It also provides that the Committee of Ministers shall determine, from time to time, in respect of which provisions such reports shall be requested and the form of the reports to be provided.

More on the procedure on non-accepted provisions

 

Indietro Exchange of views between Karin Lukas, President of the European Committee of Social Rights, and the Committee of Ministers Delegates

Exchange of views between Karin Lukas, President of the European Committee of Social Rights, and the Committee of Ministers Delegates

In her exchange of views with the Committee of Ministers Delegates, Karin Lukas, President of the European Committee of Social Rights (ECSR), emphasised that during her mandate the Committee has consistently aimed to interpret the Charter in the light of present-day conditions to keep up with the drastic changes impacting social rights and to better protect rights bearers, especially the most vulnerable. 

The successive crises which have rippled worldwide, have put extreme strain on the enjoyment of social rights by many on our continent. In this context, Karin Lukas underlined the adoption by the Committee of Ministers of an ambitious reform package of the Charter system in September 2022, after a broad consultation process under the aegis of GT-CHARTE. She recalled that the main objective of the reform was to render the reporting procedure lighter and more targeted, strengthen the role of the Governmental Committee and enhance the dialogue among stakeholders. 

She also informed the Ministers’ Deputies that the European Committee of Social Rights has decided to strengthen its follow-up on non-accepted provisions. For this purpose, in addition to reporting on non-accepted provisions, meetings with the authorities and other stakeholders will resume in order to identify or create opportunities for accepting further provisions. In addition, and in line with decisions of the Deputies, this process will also include States Parties bound by the 1961 Charter*, with the aim not only of increasing the number of accepted provisions but also of encouraging them to ratify the Revised Charter. 

Karin Lukas also emphasised that the addition of new rights to the Charter should be given proper consideration in order to take full account of the evolving social context and expectations of European citizens. 

Finally, Karin Lukas stressed that, for the reform to be truly successful and in order to maintain the quality and relevance of the Charter, it is crucial to provide the European Committee of Social Rights and its Secretariat with adequate resources. 

  Intervention of Karin Lukas before the Committee of Ministers Delegates

* These states are Croatia, Czech Republic, Denmark, Iceland, Luxembourg, Poland and the United Kingdom.

Strasbourg, France 03/11/2022
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Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
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Tél. +33 (0)3 90 21 49 61

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