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TheEuropean Social Charter is aCouncil of Europetreaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, afterWest Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.[1]
The Charter was established to support theEuropean Convention on Human Rights which is principally forcivil and political rights, and to broaden the scope of protected fundamental rights to includesocial and economic rights. The Charter also guaranteespositive rights and freedoms which concern all individuals in their daily existence.
The basic rights set out in the Charter are as follows:housing,[2]health,[3]education,labour rights,full employment,[4] reduction ofworking hours[5]equal pay for equal work,[6]parental leave,[7]social security,[8]social and legal protection frompoverty andsocial exclusion,[9]free movement of persons andnon-discrimination, also the rights ofmigrant workers[10] and that of the persons withdisabilities.[11]
States Parties to the Charter must submit annual reports on a part of the provisions of the Charter (be it the 1961 Charter or the 1996 Revised Charter), showing how they implement them in law and in practice.
The Charter was revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty. The Charter sets outhuman rights andfreedoms and establishes a supervisory mechanism guaranteeing their respect by the States parties.
Article 21 creates the right to information and consultation.[12]
Article 22 creates the right to take part in the determination and improvement of the working conditions and working environment", orcodetermination through representation on company or enterpriseboard of directors andwork councils.[12]
TheEuropean Committee of Social Rights (ECSR) is the body responsible for monitoring compliance in the States party to the Charter.
The ECSR is composed of 15 independent members who are elected by the Council of Europe'sCommittee of Ministers for a period of six years, renewable once.
Under the 1995 Additional Protocol providing for a system of Collective Complaints which came into force in 1998, complaints of violations of the Charter may be lodged with the ECSR.
Certain organisations are entitled to lodge complaints with the ECSR (a special list ofNGOs has been established, made up of NGOs enjoying participatory status with the Council of Europe). The ECSR examines the complaint and, if the formal requirements have been met, declares it admissible. The State Party may then respond in writing, and a hearing may be requested by either party to the procedure. Finally, the Committee comes to a decision on the merits.
