The procedure on non-accepted provisions aims to encourage States Parties to progressively accept all the Charter’s provisions, as it is in the spirit of the Charter.

 As per Article 22 of the 1961 Charter, the Committee of Ministers can ask States to send reports at appropriate intervals relating to provisions of the Charter which they did not accept at the time of their ratification or approval or in a subsequent notification. The implementation of this provision became effective after a 2002 decision of the Committee of Ministers, following which States having ratified the Revised European Social Charter must report on the non-accepted provisions every five years after the date of ratification.

 The procedure for the implementation of Article 22 on non-accepted provisions became effective by a decision of the Committee of Ministers adopted on 11 December 2002 at the 821st meeting of the Ministers' deputies, whereby States having ratified the Revised European Social Charter are to report on non-accepted provisions every five years after the date of ratification, and the European Committee of Social Rights is invited to examine the information provided by the States concerned.

Considering the objective of strengthening the impact of the European Social Charter, the Committee of Ministers adopted  a new decision on 11 December 2019 at the 1363rd meeting of the Ministers’ deputies inviting “the ECSR to make full use of the opportunities for dialogue offered by Article 22 and to include in this exercise a dialogue with the member States that are not yet Party to the revised Charter, with a view to encouraging them to ratify it”.

In September 2022, the European Committee of Social Rights adopted a decision to henceforth implement the adjusted procedure on non-accepted provisions in a reinforced manner, for all States Parties to either Charter (the 1961 version or the 1996 version). In October 2023, the European Committee of Social Rights amended the deadline for the submission of written information on the non-accepted provisions by the States Parties, from 30 June to 31 March.

 Detailed information on the provisions not accepted by States Parties and reports adopted by the European Committee of Social Rights on these provisions may be consulted in the country by country tables presented below.

events

Back 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
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page
Resources and links
Contacts

Department of Social Rights

Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex

Tél. +33 (0)3 90 21 49 61

www.coe.int/socialcharter

@CoESocialRights

 

Contact us