1.

INTRODUCTION
The European Social Charter is a Council of Europe treaty which was adopted in 1961 and
revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the
initial 1961 treaty. The Charter sets out human rights and freedoms and establishes a supervisory
mechanism guaranteeing their respect by the States parties.
The Charter was established to support the European Convention on Human Rights which is
principally for civil and political rights, and to broaden the scope of protected fundamental rights
to include social and economic rights. The Charter also guarantees positive rights and freedoms
which concern all individuals in their daily existence. The basic rights set out in the Charter are
as follows: housing, health, education, labour rights, full employment, reduction of working
hours equal pay for equal work, parental leave, social security, social and legal
protection from poverty and social exclusion, free movement of persons and non-discrimination,
also the rights of migrant workers and that of the persons with disabilities.
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.

2. EUROPEAN SOCIAL CHARTER OF 1961

In 1961 the European Social Charter was opened for signature. This was a document produced
in the middle of the Cold War under the auspices of the Council of Europe (then made up of the
non-Communist liberal social democratic states of primarily Western Europe). In an implicit
counter to the claims of the Eastern bloc that it was only in countries under State socialism that
workers rights were protected, the European Social Charter of 1961 guaranteed, among other
social and economic rights: - employment protection rights, such as the right to work in a safe
environment under just conditions for fair remuneration, and the right to organise and
collectively bargain in trade unions; - welfare rights, such as the protection of health, access to
social and medical assistance, social security and social welfare services; and - special social,
legal and economic protection for the disadvantaged and potentially socially excluded, such as
children, mothers and families, the disabled, the old, and migrant workers and their families.

The 1961 European Social Charter was very much understood to be a classic inter-state Treaty,
which had implications for States from the point of view of imposing obligations under public
international law, but not necessarily creating rights for individuals within those States. There
was no procedure for individuals to make complaints of breach of its provisions by a Member
State. A protocol was added to the Social Charter in 1995 allowing for the possibility of
collective complaints being made by international and national organisations of employers and of
trade unions to the Social Charters Committee of Independent Experts.1
In May 1996 the Council of Europe produced a revised European Social Charter, updating and
altering some of the substantive provisions of the original 1961 Social Charter.

3. EUROPEAN COMMITTEE OF SOCIAL RIGHTS

The European 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
Europes Committee 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 of NGOs 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.

4. MONITORING PROCEDURE BASED ON NATIONAL REPORTS

1 R Brillat, 'A New Protocol to the European Social Charter Providing for Collective
Complaints' [1996] European Human Rights Law Review 52

Every year the States Parties submit a report indicating how they implement the Charter in law
and in practice. Each report concerns some of the accepted provisions of the Charter.
The Committee examines the reports and decides whether or not the situations in the countries
concerned are in conformity with the Charter. Its decisions, known as conclusions, are
published every year.
If a state takes no action on a Committee decision to the effect that it does not comply with the
Charter, the Committee of Ministers addresses a recommendation to that state, asking it to
change the situation in law and/or in practice.
The Committee of Ministers work is prepared by a Governmental Committee comprising
representatives of the governments of the States Parties to the Charter, assisted by observers
representing European employers organisations and trade unions.

5. A COLLECTIVE COMPLAINTS PROCEDURE

Under a protocol opened for signature in 1995, which came into force in 1998, complaints of
violations of the Charter may be lodged with the European Committee of Social Rights.
Organisations entitled to lodge complaints with the Committee
In the case of all states that have accepted the procedure: :
1.

European Trade Union Confederation (ETUC), BusinessEurope (formerly UNICE) and

International Organisation of Employers (IOE).
2.
Non-governmental organisations (NGOs) with participative status with the Council of
Europe which are on a list drawn up for this purpose by the Governmental Committee;
3.
Employers organisations and trade unions in the country concerned;
In the case of states which have also agreed to this:
4.
National NGOs.
The complaint file must contain the following information:
1.
2.

the name and contact details of the organisation submitting the complaint;
proof that the person submitting and signing the complaint is entitled to represent the
organisation lodging the complaint;
3.
the state against which the complaint is directed;
4.
an indication of the provisions of the Charter that have allegedly been violated;
5.
the subject matter of the complaint, i.e. the point(s) in respect of which the state in
question has allegedly failed to comply with the Charter, along with the relevant
arguments, with supporting documents.

The complaint must be drafted in English or French in the case of organisations in categories 1
and 2 above. In the case of the others (categories 3 and 4), it may be drafted in the official
language, or one of the official languages, of the state concerned.
The Committee examines the complaint and, if the formal requirements have been met, declares
it admissible.
Once the complaint has been declared admissible, a written procedure is set in motion, with an
exchange of memorials between the parties. The Committee may decide to hold a public hearing.
The Committee then takes a decision on the merits of the complaint, which it forwards to the
parties concerned and the Committee of Ministers in a report, which is made public within four
months of its being forwarded.
Finally, the Committee of Ministers adopts a resolution. If appropriate, it may recommend that
the state concerned take specific measures to bring the situation into line with the Charter.

5.1. The impact of the Charter in member States

As a result of the monitoring system, states make changes to their legislation and/or practice in
order to bring the situation into line with the Charter.

CONCLUSION
The European Social Charter lays down fundamental rights (related to housing, health,
education, employment, social and legal protection and non discrimination), which States Parties
have undertaken to secure to nationals of the States Parties (43 out of the 47 member states).