The rights established by the Charter are guaranteed in a more or less explicit and detailed manner by EU law. The 98 paragraphs of the Revised Charter can be matched to binding provisions of primary or secondary EU law, albeit with some differences of both form and substance.

In addition to the relevant provisions of the Treaty on European Union (Article 6) and the Treaty on the Functioning of the European Union (particularly, in Article 18, the section concerning individuals' freedom of movement and, above all, that on social policy), most of the rights guaranteed by the Revised Charter are matched by corresponding safeguards in the EU Charter of Fundamental Rights, but with significant exceptions relating to certain articles and paragraphs.

Without being exhaustive, it can be said that in the case of secondary legislation (directives and regulations), the EU lays down requirements in a significant number of fields of specific relevance to social rights.

In this context or the context of other initiatives taken in the field of intergovernmental co-operation, the EU has addressed, to varying extents and in varying detail, a large number of social rights-related issues. It has also looked into issues including work organisation and working conditions, occupational health and safety, co-ordination in social security matters, social dialogue, free movement of workers, social inclusion and the fight against poverty, non-discrimination and the needs of vulnerable people such as people with disabilities and elderly people.

At present the 28 EU member states are part of the "system" of the Charter treaties (the 1961 Charter, the Additional Protocol of 1988, the Additional Protocol of 1995 and the Revised Charter), albeit with differences regarding the commitments they have entered into: nine states are bound by the 1961 Charter (five of which are also bound by the Protocol of 1988) and nineteen by the Revised Charter. With the exception of two states, France and Portugal – which have accepted all the paragraphs of the Revised Charter - the others have ratified a greater or lesser number of provisions of either version of the Charter. Only fourteen EU member states have accepted the 1995 Protocol establishing a system of collective complaints. This results in a variety of situations and contracted obligations.

There is a clear lack of uniformity in the acceptance of Charter provisions by the EU member states. This is the result of the choices made by each State Party when expressing its sovereign will on the basis of the Charter acceptance system described above. In this context, it should be noted that while applying the EU’s binding standards in an area covered by the Charter, some member States of the European Union have not accepted the Charter provisions establishing legally equivalent guarantees.

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Back Foreign Affairs Ministers adopt decisions on social rights in Turin

Foreign Affairs Ministers adopt decisions on social rights in Turin

Foreign Affairs Ministers of the Council of Europe’s 46 member states held their annual session on 20 May 2022 in Turin (Italy).

As regards social rights, the Committee of Ministers, recalling its decisions adopted at its 131st Session (Hamburg, 21 May 2021) and the Declaration adopted on the occasion of the 60th anniversary of the European Social Charter (18 October 2021):

  • welcomed the follow-up action taken by its Deputies in the spirit of the Turin process for the European Social Charter on improving the Charter system;
  • acknowledged the valuable contribution made by the Secretary General and the organs of the Charter, namely the European Committee of Social Rights and the Governmental Committee of the European Social Charter and European Code of Social Security;
  • confirmed its commitment to improve constantly the implementation of social rights and underlined the need to embrace good democratic governance by promoting dialogue with the social partners and civil society;
  • approved the proposals outlined in the report on improving the efficiency and impact of the European Social Charter system (CM(2022)67-final);
  • instructed its Deputies to adopt the operational decisions required to implement, already in 2023, the reform of the European Social Charter system;
  • invited its Deputies to report at the 133rd Session of the Committee of Ministers on the state of the reflection on longer-term substantive and procedural issues relating to the European Social Charter.

Karin Lukas declared: “As President of the European Committee of Social Rights, I welcome the efforts of States Parties to the European Social Charter to make the implementation of social rights under the Charter more effective. The Committee has made several proposals in this regard, some of which were included in the current reform process. However, reducing the reporting burden for states will only strengthen social rights if that goes together with a constructive and social rights-focused dialogue between the national authorities and the supervisory organs of the Charter. This can only be achieved if this work receives the resources needed, which is currently not the case. Council of Europe member states should translate into practice the “resolve to ensure that the Charter system is given the political support and the tools and means required to ensure its effectiveness” they expressed on the occasion of the 60th anniversary of the Charter”. In their declaration on the occasion of the 60th anniversary of the Charter, the Committee of Ministers characterised the European Social Charter as a unique and precious international law instrument.

The session provided also the opportunity for ministers to discuss the aggression of the Russian Federation against Ukraine, to review the state of human rights, democracy and the rule of law on the basis of the annual report of the Secretary General of the Council of Europe, Marija Pejčinović Burić. Moreover, the ministers took decisions on the work of the Organisation in areas such as children’s rights, migrant, refugee and asylum-seeking women and girls, artificial intelligence and cybercrime, freedom of expression, combatting hate speech, human rights and the environment, participation of civil society organisations and national human rights institutions.

Turin, Italy 20/05/2022
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Directorate General of Human Rights and Rule of Law
Council of Europe
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www.coe.int/socialcharter

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