European social charter

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European social charter

Title (engl.): European Social Charter
Abbreviation: ESC
Date: October 18, 1961 (ESC)
May 3, 1996 (ESC revised)
Come into effect: February 26, 1965 (ESC)
July 1, 1999 (ESC revised)
Reference: ETS No. 035 (ESC)
ETS No. 163 (ESC revised)
Contract type: Multinational
Legal matter: Social rights
Signing: 45
Ratification : 33 Current status

Germany: January 27, 1965 (ratification ESC)
June 29, 2007 (ESC signature revised)
Liechtenstein: October 9, 1991 (signing ESC)
Austria: October 29, 1969 (ESC ratification)
May 20, 2011 (ESC ratification revised)
Switzerland: May 6, 1976 (signing ESC)
Please note the note on the applicable contract version .

The European Social Charter (ESC) was initiated by the Council of Europe and passed in 1961 by a majority of its members. It is binding under international law and guarantees comprehensive social rights for the population within the signatory states . The ESC entered on February 26, 1965 under SEV no. 035 in force.

In 1996 a revised version was drawn up, which in turn came into force on July 1, 1999 and has been valid since then (ETS No. 163).

The European Social Charter does not grant any subjective rights and is not a legal basis for individual citizens to take legal action.

scope

The European Social Charter applies to people who have their permanent residence in Germany and who are lawfully resident there, as well as to people who are legally employed in Germany. It also applies to refugees within the meaning of the UN Convention of 1951 . Individual provisions are also applicable to people who do not have their lawful habitual or permanent residence in Germany.

Social rights

The ESC, adopted in 1961, named a total of 19 social rights, including the right to work, to adequate wages, to vocational training, to social security, to free associations and collective bargaining, as well as special protective rights for children, young people, mothers and families. Seven of these rights correspond to so-called "binding social rights":

  1. the right to work ,
  2. the right of association or association,
  3. the right to collective bargaining ,
  4. the right to social security ,
  5. social welfare rights ,
  6. the right to special legal, economic and social protection of the family , and
  7. the protection rights for migrant workers and their families.

The version of the ESC, revised in 1996, contains a total of 31 rights and principles and thus supplements the old version, for example, with the right to an apartment , special protection for the elderly, protection against dismissal or protection against poverty.

ratification

  • Signed the 1961 Social Charter
  • Signatory of the revised Social Charter of 1996
  • States that are not members of the Council of Europe

    • Germany and Austria have ratified the ESC; the Switzerland and Liechtenstein are not, even though they had signed the ESC 1976 (Switzerland) and 1991 (Liechtenstein).

    The revised version of the European Social Charter from 1996 was signed by Germany, but not ratified. However, the grand coalition has announced ratification in the 18th legislative period.

    Switzerland has neither signed nor ratified the revised version of the European Social Charter from 1996. AvenirSocial , the professional association of professionals in social work in Switzerland, initiated the Pro Social Charter campaign in 2009 with the aim of promoting the ratification of the revised European Social Charter by Switzerland. The campaign is supported by numerous personalities, NGOs, NPOs and private individuals.

    Control procedures

    In contrast to the European Convention on Human Rights, individuals can not appeal to a European court against violations of social rights enshrined in the Social Charter.

    On the other hand, the protocol of an optional collective complaint procedure from 1995 provides that international employers 'and workers' organizations as well as other non-governmental organizations (NGOs) that operate on an international level and have observer status at the Council of Europe have the right to reprimand violations of Charter obligations by the contracting states. National trade unions and NGOs of the contracting parties to this Protocol also have this right of appeal. In a first step, the Social Rights Committee decides on these collective complaints.

    Otherwise, the ESC provides for a multi-stage, non-judicial control procedure. The contracting states must submit a report periodically. The European Committee for Social Rights examines these state reports for compatibility with the Social Charter. It forwards its results to the government social committee, which advises on measures to remedy the deficiencies identified. Based on this, the Committee of Ministers of the Council of Europe can, by means of a resolution, call on the state concerned to bring its national law and its application into conformity with the Social Charter. This has happened in 37 cases so far, the last time in 2007.

    Web links

    Individual evidence

    1. ^ A b Frank Hempel: European Social Charter and Rights of Migrant Workers. In: migration-online.de, DGB Bildungswerk. June 19, 1999, accessed February 1, 2018 .
    2. ↑ BGBl. 1964 II p. 1261
    3. ↑ Federal Law Gazette No. 460/1969
    4. ^ Socialinfo.ch: Entry on the European Social Charter , September 15, 2006
    5. ↑ The responsible minister had declared in the state parliament in 2008 that she did not want to press ahead with the ratification of the Social Charter: State Parliament Protocols 2008, p. 1288 ( meeting of June 26, 2008)
    6. ^ Search on Treaties. In: Treaty Office. Retrieved January 16, 2017 .
    7. ↑ European Social Charter. In: today in the Bundestag. German Bundestag, June 11, 2015, accessed January 30, 2019 .
    8. ↑ Federal Law Gazette III. No. 112/2011; Council of Europe - European Social Charter
    9. ^ Status of ratification, available on the website of the Council of Europe
    10. ↑ Campaign website
    11. ↑ a b Kurt Pärli , Edgar Imhof: Expert opinion: The compatibility of Swiss law with the ESC and the revESC, pp. 11-13. (PDF; 1.6 MB) (No longer available online.) August 22, 2008, formerly in the original ; Retrieved February 28, 2013 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.sml.zhaw.ch  
    12. ↑ database of the Committee of minsters to Recommandations relating to the European Social Charter. Retrieved February 28, 2013 .