The European Social Charter was adopted by the Council of Europe on October 18, 1961 – fifty years ago today. [Deutsche Welle] The Charter provides protection of economic and social rights relating to vocational training, health, social security and other protections, freedom of association and collective bargaining, special rights of children and women, and freedom of movement. As stated in the Preamble fifty years ago, the Council of Europe countries agreed:
…that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and of facilitating their economic and social progress, in particular by the maintenance and further realisation of human rights and fundamental freedoms;
…that in the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950, and the Protocol thereto signed at Paris on 20th March 1952, the member States of the Council of Europe agreed to secure to their populations the civil and political rights and freedoms therein specified;
… that the enjoyment of social rights should be secured without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin;
[and] resolved to make every effort in common to improve the standard of living and to promote the social well-being of both their urban and rural populations by means of appropriate institutions and action
To mark the 50th anniversary, the Council of Europe (Europe’s intergovernmental organization focused on democracy, rule of law and human rights) has organized a number of events to promote dialogue, understanding, and engagement (full event list here) and produced a cartoon explaining the Charter. This week’s events also coincide with the 253rd Session of the Committee, to be held October 17-21.
About the Charter System: The Charter entered into force in 1965, upon ratification by five States, and now has 27 members (of the 47 Council of Europe Member States). A Revised Social Charter of 1996 entered into force in 1999 and is “gradually replacing the 1961 treaty” by providing additional protections pertaining to non-discrimination, work conditions, social protection, and housing, including those embodied in the Additional Protocol of 1988 extending the social and economic rights of the 1961 Charter. [COE] The Revised Charter has been ratified by 31 States. Another Additional Protocol also established a unique, optional complaints procedure that has been in operation since 1998 and has been accepted by 14 States. While all Council of Europe Member States have signed the original (1961) or revised (1996) European Social Charter, Lichtenstein, Monaco, San Marino and Switzerland have yet to ratify either. Further, the Charter regime permits article-specific reservations and optional acceptance of a collective complaints procedure. To see the status of the Social Charter in each member State, consult the country-specific factsheets.
The European Committee of Social Rights administers the complaints procedure and monitors States’ compliance with the Charter. The fifteen Committee members are elected for six-year,once- renewable terms of office, as set out in its Rules. Against those States which have accepted the collective complaints procedure, approved employer and trade unions and non-governmental organizations may present complaints alleging violations of the Charter. The Committee adopts decisions on the admissibility and merits of those complaints. Since the procedure was initiated in 1998, the Committee has registered 73 complaints (for summaries through 2008, see the Case law Digest). Additionally, the Charter requires signatories to present reports to the Committee on one of four thematic areas each year. The Committee adopts conclusions on States’ conformity with their Charter obligations based on the information presented in States’ reports.