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Drafting of the European Social Charter for Social and Economic Rights

January 25, 2019 0 Comment

The non-discrimination of sex and right to take part in improvement of working condition and environment in their place of employment. It also provides the elderly person as right to social protection. There are basically two protocols, in which rights are proclaimed.

The part I of the additional protocols declares that…. “Accept as aim of their policy, to be pursued by appropriate means, both national and international in character, the attainment of condition in which… these rights and principles may be effectively realized.”

The part 1 of additional protocols merely deals with “rights and principles”. The main purpose of charter is to transform into enforceable rights. The part II of additional protocols spells out the meaning of rights and principle proclaimed in general terms in part I. As right to safety and healthy working condition are in Paragraph 3 of part I.

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The Charter specifies some legal obligation the state parties assumed by ratifying the charter. The seven provision are found in Part II are-

Article I (Right to work), Article 5 (right to organize), Article 6 (right to bargain), Article 12 (right to social security), Article 13 (right to social and medical assistance), Article 16 (right of family, to legal, social and economic protection) and Article 19 (right of migrant workers and their families to protection and assistance). The additional protocols adopt the same approach in Article 5 (Part 111).

There are also international measures for enforcement of Charter rights. The reporting system is measures for monitoring their obligations. The reports are of 2 types. One of report is due every two years and must address the domestic implementation of those Part II rights that particular rights that particular state has accepted.

The second report deals with status of Part II rights that the particular state party did not accept. Both of these reports must be provided at the specific interval determined by committee of the ministers of council of Europe.

The Committee of experts consists of seven independent experts of highest integrity and recognized competence in international social question elected by the committee of Ministers, reviews the report. This committee is assisted by consultant assigned to it by International Labour Organization. The Parliamentary Assembly of Council of Europe receives the conclusions from committee of experts and gives its views to committee of Ministers.

On the basis of governmental committee and after consultation with parliamentary assembly, make the necessary recommendation to any of high contracting parties. The protocols amending the European social charter which was concluded in 1991.

The organization for social security and cooperation in Europe, which in 1994 work for promotion of human rights. The conference of security and cooperation in Europe created by Helsinki Final Act which in 1994 becomes OSCE.

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