The European Committee of Social Rights publishes its Conclusions on Labour Rights

The European Committee of Social Rights publishes its Conclusions on Labour Rights

The European Committee of Social Rights (ECSR) today published its Conclusions 2022 in respect of 33 States on the articles of the European Social Charter relating to Labour Rights.

In the framework of the reporting procedure, the ECSR adopted 611 conclusions: 255 conclusions of conformity with the Charter and 245 conclusions of non-conformity. In 111 cases, the ECSR was unable to assess the situation due to insufficient information ("deferrals").

In the framework of the right to just conditions of work the ECSR found that in some countries the law does not guarantee the right to reasonable weekly working hours for certain categories of workers and noted that in some jobs the working day may exceed 16 hours and even be as long as 24 hours.

In many countries, the ECSR concluded that the work performed on a public holiday is not adequately compensated and that the right of all workers to public holidays with pay is not guaranteed. Also in some countries workers who suffer from illness or injury while on holiday are not entitled to take the days lost at another time.

The information provided to the ECSR on fair remuneration revealed that in a number of countries, the statutory minimum wage or the lowest wages fixed by collective agreements were too low in comparison with the average wage and did not ensure a decent standard of living.

With respect to the obligation by States to promote joint consultation between workers and employers, the ECSR noted the insufficient promotion of collective bargaining and the restrictions on the right to collective bargaining on behalf of a certain category of workers.

The ECSR found, in some cases, that workers are not granted an effective right to participate in the decision-making process within the undertaking about working conditions, work organisation and the working environment, and legal remedies are not available to workers in the event of infringements of their right to take part in the determination and improvement of working conditions and the working environment.

In several countries, the ECSR noted the lack of appropriate and effective redress (compensation and reinstatement) in cases of sexual harassment, and the absence of adequate prevention of sexual harassment in the workplace

The ECSR concluded that, in several countries, preventive measures aimed at ensuring that redundancies do not take effect before employers’ obligation to inform and to consult has been fulfilled (such as recourse to administrative and judicial proceedings) do not exist, as well as the effective sanctions applicable in cases where employers fail to fulfil their obligations, under the Charter, of information and consultation in collective redundance procedures.

Nevertheless, the ECSR noted with satisfaction positive developments in some countries concerning restrictions on the right to strike, and legislative measures concerning the definition and prohibition of harassment and sexual harassment at work.

Also amendments to the labour codes of several countries have introduced regulations aimed at ensuring that person(s) exercising worker’s representation functions do not suffer discrimination or other negative consequences due to their role.

Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Germany, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Republic of Moldova, Montenegro, the Netherlands Curaçao, the Netherlands Caribbean part, North Macedonia, Poland, Portugal, Romania, Serbia, the Slovak Republic, Spain, Tϋrkiye and the United Kingdom.

 

 Recording of the Press Conference 

 General introduction - European Social Charter

 General introduction - Revised European Social Charter

 Press briefing elements

 Highlights on the Conclusions

  Country profiles

headline Strasbourg 22/03/2023
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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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329th session of the European Committee of Social Rights

329th session of the European Committee of Social Rights

The European Committee of Social Rights will hold its 329th session from 12 to 16 September 2022 in hybrid mode.

The Committee will continue the examination of the national reports* for Conclusions XXII-3 (2022) of the 1961 Charter and for Conclusions 2022 of the revised Charter with respect to the provisions belonging to thematic group 3 on labour rights. Several pending collective complaints will also be examined over the week.

The Committee will also take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”. The countries concerned by exercise 2022 are Albania, Finland, North Macedonia and Türkiye. They were invited to submit a written report.

In addition, the Committee will continue to examine national reports on the follow-up given by States to ECSR decisions in the framework of the collective complaints procedure. The States Parties concerned in 2022 are Croatia, the Czech Republic, Cyprus, the Netherlands, Norway, Slovenia and Sweden.

* All the national reports submitted by States Parties to both 1961 Charter and the Revised Charter can be found on the country profiles web pages.

Strasbourg, France 12-16/09/2022
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States Parties to the European Social Charter are invited to report on the rights of children, families and migrants by 31 December 2022

States Parties to the European Social Charter are invited to report on the rights of children, families and migrants by 31 December 2022

The European Committee of Social Rights transmitted, in the framework of the reporting procedure, the questions to States Parties of the Revised European Social Charter and the 1961 Charter relating to the provisions belonging to the thematic group 4 “children, families and migrants”. The following provisions are concerned:

  • the right of children and young persons to protection (Article 7);
  • the right of employed women to protection of maternity (Article 8);
  • the right of the family to social, legal and economic protection (Article 16);
  • the right of children and young persons to social, legal and economic protection (Article 17);
  • the right of migrant workers and their families to protection and assistance (Article 19);
  • the right of workers with family responsibilities to equal opportunity and treatment (Article 27)
  • the right to housing (Article 31).

States having accepted the collective complaints procedure from Group A are invited to submit a simplified report on the follow-up given in collective complaints where the ECSR has found a violation. These states are France, Greece, Portugal, Italy, Belgium, Bulgaria, Ireland, Finland.

The European Committee of Social Rights, wishing to focus its monitoring and to alleviate the reporting burden of States, invites States Parties to limit the report to replies to specific and targeted questions for each of the above-mentioned articles of the Charter, without prejudice to responding to issues still pending from previous reporting cycles.

States parties are invited to submit their national reports by 31 December 2022. Consequently, third party organisations such as trade unions, employers’ organisations, NGOs, national human rights institutions and national equality bodies can submit additional information to the European Committee of Social Rights by 30 June 2023.

Strasbourg, France 08/07/2022
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328th session of the European Committee of Social Rights

328th session of the European Committee of Social Rights

The European Committee of Social Rights holds its 328th session from 4 to 8 July in hybrid mode.

The Committee will continue the examination of the national reports* for Conclusions XXII-3 (2022) of the 1961 Charter and for Conclusions 2022 of the revised Charter with respect to the provisions belonging to thematic group 3 on labour rights. Several pending collective complaints will also be examined over the week.

The Committee will also take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”. The countries concerned by exercise 2022 are Albania, Finland, North Macedonia and Türkiye. They were invited to submit a written report.

The Committee will also examine draft findings on follow-up to decisions in collective complaints. States Parties concerned in 2022 are Croatia, Czech Republic, Cyprus, the Netherlands, Norway, Slovenia and Sweden.

* All the national reports submitted by States Parties to both 1961 Charter and the Revised Charter can be found on the country profiles web pages.

Strasbourg, France 4-8 July 2022
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Foreign Affairs Ministers adopt decisions on social rights in Turin

Foreign Affairs Ministers adopt decisions on social rights in Turin

Foreign Affairs Ministers of the Council of Europe’s 46 member states held their annual session on 20 May 2022 in Turin (Italy).

As regards social rights, the Committee of Ministers, recalling its decisions adopted at its 131st Session (Hamburg, 21 May 2021) and the Declaration adopted on the occasion of the 60th anniversary of the European Social Charter (18 October 2021):

  • welcomed the follow-up action taken by its Deputies in the spirit of the Turin process for the European Social Charter on improving the Charter system;
  • acknowledged the valuable contribution made by the Secretary General and the organs of the Charter, namely the European Committee of Social Rights and the Governmental Committee of the European Social Charter and European Code of Social Security;
  • confirmed its commitment to improve constantly the implementation of social rights and underlined the need to embrace good democratic governance by promoting dialogue with the social partners and civil society;
  • approved the proposals outlined in the report on improving the efficiency and impact of the European Social Charter system (CM(2022)67-final);
  • instructed its Deputies to adopt the operational decisions required to implement, already in 2023, the reform of the European Social Charter system;
  • invited its Deputies to report at the 133rd Session of the Committee of Ministers on the state of the reflection on longer-term substantive and procedural issues relating to the European Social Charter.

Karin Lukas declared: “As President of the European Committee of Social Rights, I welcome the efforts of States Parties to the European Social Charter to make the implementation of social rights under the Charter more effective. The Committee has made several proposals in this regard, some of which were included in the current reform process. However, reducing the reporting burden for states will only strengthen social rights if that goes together with a constructive and social rights-focused dialogue between the national authorities and the supervisory organs of the Charter. This can only be achieved if this work receives the resources needed, which is currently not the case. Council of Europe member states should translate into practice the “resolve to ensure that the Charter system is given the political support and the tools and means required to ensure its effectiveness” they expressed on the occasion of the 60th anniversary of the Charter”. In their declaration on the occasion of the 60th anniversary of the Charter, the Committee of Ministers characterised the European Social Charter as a unique and precious international law instrument.

The session provided also the opportunity for ministers to discuss the aggression of the Russian Federation against Ukraine, to review the state of human rights, democracy and the rule of law on the basis of the annual report of the Secretary General of the Council of Europe, Marija Pejčinović Burić. Moreover, the ministers took decisions on the work of the Organisation in areas such as children’s rights, migrant, refugee and asylum-seeking women and girls, artificial intelligence and cybercrime, freedom of expression, combatting hate speech, human rights and the environment, participation of civil society organisations and national human rights institutions.

Turin, Italy 20/05/2022
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327th session of the European Committee of Social Rights

327th session of the European Committee of Social Rights

The European Committee of Social Rights will hold its 327th session from 16 to 20 May in in Strasbourg and by video conference.

The Committee will continue the examination of the national reports* for Conclusions XXII-3 (2022) of the 1961 Charter and for Conclusions 2022 of the revised Charter with respect to the provisions belonging to thematic group 3 on labour rights. Several pending collective complaints will also be examined over the week.

The Committee will also take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”. The countries concerned by exercise 2022 are Albania, Finland, North Macedonia and Turkey. They were invited to submit a written report.

* All the national reports submitted by States Parties to both 1961 Charter and the Revised Charter can be found on the country profiles web pages.

Strasbourg, France 16-20/05/2022
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Statement of Karin Lukas, President of the European Committee of Social Rights on the situation in Ukraine

Statement of Karin Lukas, President of the European Committee of Social Rights on the situation in Ukraine

As President of the European Committee of Social Rights, I am deeply concerned by the Russian military aggression against Ukraine.

This is having fatal consequences in terms of the lives and human rights of the people in Ukraine, including their enjoyment of social rights as set out in the European Social Charter.

The conflict has already resulted in the biggest refugee crisis in Europe since World War II. The basic social rights of refugees must be respected wherever they are and at all times, so as to ensure dignity for all.

When signing and ratifying the Charter, the member States of the Council of Europe agreed to guarantee to their populations the social rights protected by the Charter in order to secure and improve their standard of living and their well-being.

I would like to express my solidarity with the people in Ukraine and with those who have been forced to leave Ukraine. The aggression must cease without delay, so that work can start in order to re-establish the conditions necessary for the attainment in Ukraine of all rights and principles set out in the Charter.

Strasbourg, France 10/03/2022
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Conference on Social Resilience and Health Equity: A human right prospective for better resilience and preparedness

Conference on Social Resilience and Health Equity: A human right prospective for better resilience and preparedness

In the framework of the Italian Chairmanship of the Committee of Ministers, the Council of Europe is organising an event on Social Resilience and Health Equity. In the current international context, member States are urged to further engage in dialogue and co-operation, and to rediscover the very essence of their commitment to protecting human rights. The Council of Europe has been quick to react namely by providing Member States with tools and expertise to ensure that the crisis does not undermine common values and principles.

Although the health emergency has accentuated disparities within and among countries, it has also provided an unprecedented opportunity to take decisive action to finally place equitable access to healthcare at the heart of governments' concerns.

The event aims at raising awareness on the importance of human rights protection during public health crises and how to support member states in getting better resilience and preparedness to such crises. The event will offer an opportunity to identify needs to be addressed for the protection of vulnerable groups, including persons having difficulties in accessing healthcare.

Eliane Chemla, Vice-President of the Council of Europe European Committee of Social Rights, Giuseppe Palmisano, General Rapporteur of the European Committee of Social Rights and Professor of International Law and International Human Rights Law at the University of Roma Tre, Italy will take part in the conference.

  More information

Rome, Italy 22/02/2022
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60 years on bringing the European Social Charter into changed times

60 years on bringing the European Social Charter into changed times

The University of Roma Tre (Department of Law, Roma Tre International Centre for Research "Diritto e Globalizzazione") together with the University of Nottingham Human Rights Law Centre, and with the support of the Department of the European Social Charter of the Council of Europe, are organising a one-day conference to mark the 60th anniversary of the European Social Charter.

The conference will provide an opportunity for academics, representatives of international organisations, civil society to discuss current issues such as labour rights in the era of gig economy and digitisation, migrants’ rights, the right to sustainable environment or how to reinforce the European Social Charter system and its relevance in Europe.

Featuring expert speakers (academics, current and former members of the European Committee of Social Rights, high-level representatives of the Council of Europe), the conference will focus on “bringing the European Social Charter into changed times”.

 Programme

 More information 

 

 Date: 6 October 2021 

 Location: University of Roma Tre (Aula Magna), Rome, Italy (10:15-17:15 CET) 

 Organisers: University of Roma Tre (Department of Law, Roma Tre International Centre for Research "Diritto e Globalizzazione") and University of Nottingham Human Rights Law Centre, with the support of the Council of Europe Department of the European Social Charter 

 Livestreaming and online participationMS Teams online event 

 COVID-19: Physical attendance at the conference will be subject to the presentation of a Covid-19 “Green Pass”. On-site participants are kindly requested to wear a protective mask.

Rome, Italy 06/10/2021
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322nd session of the European Committee of Social Rights

322nd session of the European Committee of Social Rights

The European Committee of Social Rights will hold its 322nd session from 6 to 10 September entirely by videoconference.

The Committee will continue the examination of the national reports* for Conclusions XXII-2 (2021) of the 1961 Charter and for Conclusions 2021 of the revised Charter with respect to the provisions belonging to thematic group 2 “health, social security and social protection”. 32 organisations, including INGOs, National Human Rights Organisations, National Equality Bodies and trade unions, submitted comments on national reports or additional information to the Committee for conclusions 2021. The Committee is grateful to all the organisations for the record number of submissions.

Several pending collective complaints will also be examined over the week. 

The Committee will also take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”. Due to the situation related to COVID-19 and uncertainties regarding travel restrictions, the countries concerned by exercise 2021 (Austria, Greece, Lithuania, Republic of Moldova, the Netherlands, Norway and Ukraine) were invited to submit a written report.

* All the national reports submitted by States Parties to both 1961 Charter and the Revised Charter can be found on the counrty profiles web pages.

Strasbourg, France 6-10 September 2021
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Spain signs the Additional Protocol to the European Social Charter on collective complaints

Spain signs the Additional Protocol to the European Social Charter on collective complaints

Manuel Montobbio, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Spain to the Council of Europe, signed today, in the presence of Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe, the Additional Protocol of 1995 providing for a system of collective complaints. This is an important step which requires the subsequent ratification of the Protocol or a declaration at the time of ratifying the revised Charter, a ratification process that is well under way in Spain.

“The signature of the collective complaints Protocol demonstrates Spain’s commitment to social rights and support for the European Social Charter system”, emphasised Gabriella Battaini-Dragoni. The Deputy Secretary General also applauded the timing, when the Charter celebrates its 60th anniversary (1961 – 2021) against a backdrop of discussions on improving the implementation of social rights in Europe and strengthening the Charter system.

The aim pursued with the introduction of the procedure in 1995 was to increase the effectiveness and the impact of the implementation of the Charter at national level. In addition, the collective complaints procedure has strengthened the role of social partners and non-governmental organisations by enabling them to apply under this opt-in procedure to the European Committee of Social Rights to examine compliance by States with the Charter provisions they have accepted.

Strasbourg, France O4/02/2021
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315th session of the European Committee of Social Rights by videoconference

315th session of the European Committee of Social Rights by videoconference

In view of the deteriorating situation concerning COVID-19, the European Committee of Social Rights will entirely hold its 315th session by remote participation from 7 to 11 September 2020.

The Committee will continue the examination of the national reports for conclusions 2020 of the revised Social Charter, as well as conclusions XXII-1 (2020) of the 1961 Charter with respect to the provisions belonging to thematic group 1 “employment, training and equal opportunities”.

The Committee will also examine several pending collective complaints and will proceed with the examination of the follow-up to decisions in collective complaints.

The Committee will also take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”. In view of the situation related to COVID-19 and uncertainties regarding travel restrictions, some of the meetings scheduled for 2020 were replaced, where possible, with written reports, in agreement with the respective authorities.

In addition, the Bureau of the European Committee of Social Rights will meet virtually with the Bureau of the Governmental Committee of the European Social Charter and the European Code of Social Security to discuss, among other issues, the follow-up to the report of the Steering Committee for Human Rights (CDDH).

Strasbourg, France 7-11/09/2020
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States Parties to the European Social Charter are invited to report on health, social security and social protection by 31 December 2020

States Parties to the European Social Charter are invited to report on health, social security and social protection by 31 December 2020

The European Committee of Social Rights transmitted the questions to States Parties of the Revised European Social Charter and the 1961 Charter relating to the provisions belonging to the thematic group 2 on health, social security and social protection under the reporting procedure. States parties are invited to report on the accepted provisions under the following articles: Article 3 (the right to safe and healthy working conditions), Article 11 (the right to protection of health), Article 12 (the right to social security), Article 13 (the right to social and medical assistance), Article 14, (the right to benefit from social welfare services), Article 23 or Article 4 of the of the Additional Protocol (the right of elderly persons to social protection), and Article 30 (the right to protection against poverty and social exclusion).

As in 2019, the European Committee of Social Rights, wishing to focus its monitoring and to alleviate the reporting burden of States, invites States Parties to limit the report to replies to specific and targeted questions for each of the above-mentioned articles of the Charter, without prejudice to responding to issues still pending from previous reporting cycles.

This is a result of the work carried out by the Steering Committee for Human Rights (CDDH) to identify good practices through a report with a view to improving the implementation of social rights in Europe and the proposals made by the European Committee of Social Rights which aim to render the reporting procedure under the European Social Charter more effective and targeted.

As the questions were addressed to states later than usual, the European Committee of Social Rights invites countries to submit their reports by 31 December 2020 (instead of end of October). Similarly, the Committee extends the period for submission of comments on national reports by trade unions, employers’ organisations and non-governmental organisations until 30 June 2021 (instead of the usual 30 April deadline).

Strasbourg, France 27/07/2020
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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

No. 135/2016 University Women of Europe (UWE) v. Norway

No. 136/2016 University Women of Europe (UWE) v. Portugal

No. 137/2016 University Women of Europe (UWE) v. Slovenia

No. 138/2016 University Women of Europe (UWE) v. Sweden

Strasbourg, France 29/06/2020
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European Committee of Social Rights statement on the right to protection of health in times of pandemic crisis

European Committee of Social Rights statement on the right to protection of health in times of pandemic crisis

In a statement of interpretation issued today on the right to protection of health (Article 11 of the European Social Charter) in times of pandemic, the European Committee of Social Rights endorses many measures adopted by states in response to COVID-19: “testing and tracing, physical distancing and self-isolation, the provision of adequate masks and disinfectant, as well as the imposition of quarantine and ‘lockdown’ arrangements. All such measures must be designed and implemented having regard to the current state of scientific knowledge and in accordance with relevant human rights standards.” The Committee recalls the need for adequate public health provision and resourcing, including for research, vaccine development and prevention. It also points to a range of other social human rights affected by the pandemic, including the right to health and safety at work or the rights of children and older persons, to which authorities must pay attention.

“In times of pandemic, the protection of the right to health for all must be the primary aim of State policies and measures, because pandemics - and state responses thereto – can also pose significant risks to many other social rights. The European Committee of Social Rights will offer further guidance to states on social rights exigencies in the response to COVID-19. The Committee will scrutinise closely action taken by states in response to the pandemic in terms of their social rights obligations. The questionnaire to states parties to the European Social Charter is already being prepared with this in mind,” declared the Committee’s President Giuseppe Palmisano.

Strasbourg, France 22/04/2020
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Deterioration of the environment has an undeniable impact on the enjoyment of many social rights, said Giuseppe Palmisano at the high-level Conference on Environmental Protection and Human Rights

Deterioration of the environment has an undeniable impact on the enjoyment of many social rights, said Giuseppe Palmisano at the high-level Conference on Environmental Protection and Human Rights

In a statement delivered on 27 February in Strasbourg at a conference on environmental protection and human rights, Giuseppe Palmisano, President of the European Committee of Social Rights, underlined the important contribution of the Committee to clarifying the complementarity and mutual relationship between environment and human rights. He emphasised that “deterioration of the environment has an undeniable impact on the enjoyment of many social rights”, that States must comply with their international obligations which include measures to avoid or reduce environmental damage in order to ensure the respect of specific social rights such as the right to health and to a healthy environment, the right to housing, the right to protection of poverty, etc. Moreover, the respect of social rights may in turn contribute to s better protection of the environment.

Giuseppe Palmisano expressed concern about the impact that climate change and natural disasters may have on people’s social rights such as the right to work and to earn a decent living, the right to safe and healthy working conditions, or the right of vulnerable groups to protection. Climate change can be expected to have alarming effects on the labour markets and on employment levels. Global warming related migration and “climate refugees” will raise a host of additional social rights issues in pace with accelerated demographic change.

Following the above, Giuseppe Palmisano made concrete proposals to the high-level conference:

  • the European Committee of Social Rights can examine, under its reporting procedure and through targeted national reports, environment-related questions;
  • the Committee can, in addition, examine environmental issues brought to its attention under the collective complaints procedure;
  • in their follow-up to European Committee of Social Rights conclusions, the Committee of Ministers of the Council of Europe and the Governmental Committee of the European Social Charter and the European Code of Social Security must assume their responsibility and urge States to reverse situations of non-conformity with the Charter;
  • the Committee of Ministers may take a leading role in the drafting of a new protocol to the European Social Charter to incorporate environmental issues into human rights protection.

For more information, consult the Conference webpage

Strasbourg, France 27/02/2020
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New deadline for submission of comments on national reports by trade unions, employers’ organisations and non-governmental organisations

Reporting Procedure
New deadline for submission of comments on national reports by trade unions, employers’ organisations and non-governmental organisations

As the due by date approaches for States Parties to the European Social Charter to present their national reports on the thematic group I of Charter provisions relating to employment, training and equal opportunities (31 December as opposed to the usual 30 October), we are pleased to announce an extension of the period for submission of comments and other information on those reports. Trade unions, employers’ organisations, non-governmental organisations and others are invited to submit comments and other information by 30 June 2020 (instead of the usual 30 April deadline). Nonetheless, the European Committee of Social Rights would welcome that comments are submitted at the earliest possible opportunity.

For more information, non-governmental organisations can consult the brochure "How can (I)NGOs engage with the European Committee of Social Rights under the monitoring procedures of the European Social Charter", prepared for this purpose.

Strasbourg, France 20/12/2019
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310th session of the European Committee of Social Rights

310th session of the European Committee of Social Rights

The European Committee of Social Rights holds its 310th session from 2 to 5 December 2019 in Strasbourg.

The Committee will examine the national reports for Conclusions 2019 of the Charter, as well as Conclusions for XXI-4 (2019) of the 1961 Charter with respect to the thematic group 4 “Children, family and migrants”.

The Committee will also examine several pending collective complaints and will take stock of the situation related to the procedure provided for by Article 22 of the European Social Charter on “non-accepted provisions”.

Strasbourg, France 2-5/12/2019
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Co-Production Forum on social services

Co-Production Forum on social services

The European Social Charter Secretariat will take part in the annual seminar of the European Social Forum that will be held on 14 and 15 November in Lisbon, Portugal. Henrik Kristensen, Deputy Head of the European Social Charter Department, Council of Europe, will address the right of people to participate in the planning and implementation of social services drawing on Article 14 of the European Social Charter and the monitoring work of the European Committee of Social Rights.

The Co-Production Forum will bring together over 100 experts to share innovative practice and policy on involving people who use services in all aspects of social services. 

Lisbon, Portugal 14-15/11/2019
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Department of Social Rights, Directorate of Social Rights, Health and Environment,
DGI, Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex

Tél. +33 (0)3 90 21 49 61

www.coe.int/socialcharter

@CoESocialRights

 

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