Credit: Alban Bodineau
The European Committee of Social Rights held its 279th Session from June 30 to July 3, 2015 in Strasbourg, France. The Committee, which is made up of 15 independent experts, is charged with overseeing State compliance with the European Social Charter, which protects economic and social rights. The agenda for this session included reviewing 20 collective complaints, examining national reports, discussing Charter provisions that have not been accepted by all States, reviewing internal working methods, and following up on the Turin process. Specifically, the Committee made progress in its decisions on three complaints, and reviewed national reports from Azerbaijan, Cyprus, Georgia, Hungary, Lithuania, Moldova, and Serbia concerning their compliance with Charter provisions relating to children, families, and migrants.
Collective Complaints
During the session, the Committee examined the progress of collective complaints proceedings, examining the admissibility of two cases and deciding to organize a public hearing in another case. The Committee publishes its admissibility and merits decisions on its collective complaints webpage.
The Committee decided on the admissibility of European Organisation of Military Associations (EUROMIL) v. Ireland, Complaint No. 112/2014, in which EUROMIL alleges that Defense Forces’ representative associations in Ireland do not have full trade union rights, including the right to join a national umbrella organization of employees, in violation of the right to organize (Article 5) and the right to bargain collectively (Article 6) of the revised European Social Charter. EUROMIL claims that, as a result of their exclusion from a national organization, they are unable to participate in negotiations regarding salary and other employment conditions on behalf of their members.
The Committee decided on the admissibility of European Committee for Home-Based Priority Action for the Child and the Family (EUROCEF) v. France, Complaint No. 114/2014, which concerns France’s treatment of unaccompanied foreign minors who are living in France unlawfully or are requesting asylum. EUROCEF alleges that France violated several articles of the revised European Social Charter, including the right of children and young people to appropriate protection (Article 7), the right to protection with respect to healthcare (Article 17), the right to social and medical assistance (Article 13), and the right to benefit from social welfare services (Article 14).
In Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, Complaint No. 91/2013, the Committee decided to organize a public hearing. The trade union, CGIL, alleges that Article 9 of Law No. 194 of 1978, which allows medical practitioners to conscientiously object to the termination of a pregnancy, violates several articles of the European Social Charter, including the right to health (Article 11) , the right to work (Article 1), and the right to certain work conditions (articles 2, 3, and 26).
Examination of National Reports
Thematic reports for the 2015 cycle were submitted to the Committee by Azerbaijan, Cyprus, Georgia, Hungary, Lithuania, Moldova [French], and Serbia under the revised 1996 European Social Charter regarding the right of children and young persons to protection (Article 7); the right of employed women to special protection in case 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 opportunities and equal treatment (Article 27); and the right to housing (Article 31). The reports, which cover the time period from January 1, 2010 to December 31, 2013, include information concerning the States’ general legal frameworks, child poverty, and housing.
All of the countries addressed the right of children and young persons to protection (Article 7) and the right of employed women to protection of maternity (Article 8). Cyprus and Georgia were the only countries that did not discuss the right of the family to social, legal, and economic protection (Article 16). Additionally, Cyprus and Azerbaijan were the only countries that did not address the right of children and young persons to social, legal, and economic protection (Article 17). Azerbaijan, Hungary, and Moldova did not provide information on the right of migrant workers and their families to protection and assistance (Article 19). While all of the countries except Hungary and Serbia discussed the right of workers with family responsibilities to equal opportunities and equal treatment (Article 27), only Lithuania addressed the right to housing (Article 31).
Azerbaijan
Azerbaijan’s eighth national report on the implementation of the revised European Social Charter included information on the prohibition of child labor for children who are less than 15 years old, maternity leave and pay, family counseling and mediation services, and professional development courses for unemployed citizens to assist them reintegrate into the labor market.
Cyprus
Cyprus’s 12th national report detailing its implementation of the revised European Social Charter included information on: excluding persons under 18 years of age from being employed in dangerous or unhealthy occupations; criminalizing sexual abuse and the sexual exploitation of children, including child pornography; providing maternity leave and pay; and providing integration assistance such as Greek language courses, vocational training programs, psychological support, and public awareness campaigns to combat racism, to refugees and asylum seekers.
Georgia
Georgia’s eighth national report describing its implementation of the revised European Social Charter included examples of efforts to eliminate the worst forms of child labor; criminalize the sexual exploitation of children, including child pornography; provide social assistance to children, including those with special needs and those in foster care; and combat human trafficking.
Hungary
Hungary’s fifth national report concerning its implementation of the revised European Social Charter provided information on measures to: implement the Labour Code, including inspections to determine whether youth are employed in dangerous occupations; provide maternity leave and pay, including a child home care allowance; promote the academic advancement of socially disadvantaged children; and carefully select foster parents to protect children from abuse.
Lithuania
Lithuania’s 12th national report on the implementation of the revised European Social Charter included information on legislation guaranteeing children less than 16 years of age two consecutive weeks of rest during school summer holidays, maternity leave and pay, family counseling services, the criminalization of domestic violence, protection of children from abuse, anti-discrimination public awareness campaigns, unemployment benefits for jobseekers with family responsibilities, and the right to housing for Roma communities.
Moldova
Moldova’s 11th national report (only available in French) describing its implementation of the revised European Social Charter included examples of efforts to: conduct labor inspections to determine whether children under the age of 18 are employed in dangerous occupations; protect children from sexual exploitation, particularly child pornography; provide maternity leave and pay; and provide social assistance to mentally and physically handicapped children, as well as their families.
Serbia
Serbia’s fourth national report detailing its implementation of the revised European Social Charter included information on parental consent for jobseekers below the age of 18, the opening of shelters for human trafficking victims, maternity leave and pay, housing for vulnerable populations, measures to protect children from abuse, greater freedom of movement for migrant workers, and assistance securing employment overseas.
Meetings on Non-Accepted Provisions
States that have ratified the Charter must report on non-accepted provisions at appropriate intervals after the date of ratification, pursuant to Article 22 of the 1961 European Social Charter. During its most recent session, the Committee reviewed the latest developments concerning the provisions that have not been accepted by Bulgaria, Cyprus, Estonia, Georgia, Ireland, Malta, Montenegro, Romania, Slovakia, and Slovenia. The Committee also adopted its report regarding Andorra’s compliance with non-accepted provisions. The Committee’s prior reports on non-accepted provisions are organized by State and year on its webpage.
Additional Information
For more information on the structure and procedures of the European Committee of Social Rights, see IJRC’s Online Resource Hub.