The Council of Europe has provided legal instruments to define common European social security standards. In addition to the European Social Charter, these valuable tools are the European Code of Social Security, its Protocol and the European Code of Social Security (revised). These international standard-setting conventions can be used for orientation in the reform process going on in many European countries, especially in central and eastern Europe. They require states to alter the substance of their social security systems. They may have to change the amount of benefit or length of the qualifying period.
 

A series of minimum standards

The underlying idea of these instruments is to promote a social security model based on social justice. They represent a series of minimum standards. They do not call for the full standardisation (or ‘unification’ as it is sometimes called) of the national social security systems. Standardisation would require all the contracting parties to provide the same benefits to the same categories of their population at the same rates and under the same conditions. Instead the Code, Protocol and Revised Code recognise the desirability of harmonising the level of social security in member states and therefore establish minimum requirements. If states wish to provide more than the minimum they are free to do so.

The Code, Protocol and Revised Code also respect the diversity and individuality of the national social security systems. All social security systems are different, they are the product of the distinctive social, political and economic traditions of the states in which they have evolved. The provisions of the Code, Protocol, and Revised Code represent goals for every member state of the Council of Europe. They explain what must be achieved but leave every state to determine how it will be achieved. The goals are designed in such a way that they can be applied to all types of social security system, whether entitlement is based on employment, specific categories of occupations, the whole economically active population or upon residence.
 

Supervisory procedure

A supervisory procedure is established and it demands that the contracting parties prepare reports concerning their compliance with the standards provided within the Code, Protocol and Revised Code. Since January 2012, the International Labour Organisations' (ILO) conclusions related to the monitoring of compliance with the European Code of Social Security are now examined by the Governmental Committee of the European Social Charter and the European Code of Social Security who report in turn to the Committee of Ministers of the Council of Europe. The Committee of Ministers determines if the contracting party has fulfilled its obligations. If the contracting party has failed to uphold the standards to which it has committed itself then the Committee of Ministers can make Resolutions inviting the contracting party concerned to rectify the situation and respect its international obligations.
 

Governmental Committee of the European Social Charter and the European Code of Social Security
Resolutions 2023 of the Committee of Ministers (adopted on 6 September 2023)


These specialized social security instruments form an essential component of the protection of human rights through the Council of Europe.

events

Back 20th anniversary Revised European Social Charter entry into force

Secretary General, Thorbjørn Jagland, President of the European Committee of Social Rights, Giuseppe Palmisano and French Ambassador Jean-Baptiste Mattéi

Secretary General, Thorbjørn Jagland, President of the European Committee of Social Rights, Giuseppe Palmisano and French Ambassador Jean-Baptiste Mattéi

“Increased inequality is a major challenge for Europe and social rights’ protection across the Continent should be a top priority. I call on our member states for more commitment to the Social Charter”, highlighted Secretary General Thorbjørn Jagland, on the 20th anniversary of the Revised Social Charter’s entry into force.

Social rights and social progress are, since 1949, one the of the Council of Europe’s aims and primary tools intended to be a “source of individual freedom, political liberty and the rule of law” as bases of “genuine democracy”, as stated in Council of Europe’s foundational Statute. Social progress - and the protection of social rights and social justice - are not only a hallmark of democracy but also an indicator of its functioning. If social progress fails and social rights are not protected or social justice is not delivered, the operational link between people and elected representatives appears broken.

“The entry into force of the Revised European Social Charter was the culmination of a reform and modernisation process, which defined new rights under international human rights law and set up the mechanisms for their effective monitoring. It up-graded the protection of social rights to meet 21st century needs”, underlined the President of the European Committee of Social Rights, Giuseppe Palmisano.

“The Committee of Ministers reaffirmed unequivocally in Helsinki the importance of social rights across the continent and invited those member states which have not yet done so to consider signing and ratifying the Revised European Social Charter and its Additional Protocol providing for a system of collective complaints. The promotion of social rights is one of the priorities of the French Presidency of the Committee of Ministers and as such, an event will be organised on 19 September on the theme “Strengthening the protection of social rights in Europe for greater unity and equality””. added Ambassador Jean-Baptiste Mattéi.

Background:

The European Social Charter is a Council of Europe treaty signed in Turin on 18 October 1961 which safeguards day-to-day freedoms and fundamental rights: decent housing, healthcare, safety at work, education and training, employment, legal and social security, protection against poverty and exclusion, freedom of movement for individuals, non-discrimination and equal pay. The substance of the Charter was up-dated by the Revised European Social Charter of 1996, which entered into force on 1 July 1999.

The European Committee of Social Rights is a body composed of 15 independent and impartial members. It rules on the conformity of the law and practice of the States Parties with the Charter. The Committee has two procedures to ensure that States Parties comply with their commitments under the Charter: national reports and collective complaints. In the framework of the reporting procedure it adopts “conclusions” and in respect of the collective complaints procedure it adopts “decisions”. The Protocol which came into force in 1998, allows national and international trade union organisations, employers’ organisations and non-governmental organisations to submit to the Committee their complaints about violations of the Charter. Not all Council of Europe member states have accepted all the provisions of the Charter nor the collective complaints procedure.

Strasbourg, France 01/07/2019
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