PAIL Institute Publications

PAIL Institute Monograph Series

The European Social Charter

Author(s): Harris, David

Hardcover - 345 pages (1984)
ISBN: 0-8139-1004-8. LC: 83-23318

Price: US $50.00

About This Publication

The European Social Charter was signed on October 18, 1961, by thirteen of the member states of the Council of Europe. The Charter grew out of a desire to prevent a recurrence of the violations of rights that Europeans had witnessed during the Second World War and to secure Western Europe against the threat of communism. This work records and analyzes the Charter as it has been interpreted and enforced since its implementation in 1965. Professor Harris believes the Charter has been in existence long enough to enable a reliable and useful assessment of its meaning and impact to be undertaken.

The Charter protects the economic, social and cultural rights of individuals. Among these rights and guarantees are: the right to work, to organize unions, to bargain collectively, to social security, to social and medical care, the rights of physically and mentally disabled persons, and the rights of migrant workers.

The Charter is administered by a Committee of Independent Experts, who examine biennial reports submitted by the thirteen member states. These reports indicate how each state has complied with its laws and practices. The Committee, which has proven to be extremely vigorous, has built up a substantial body of jurisprudence to indicate detailed meanings of the Charter. It also has imposed strict standards, with the result that no state has been found to be completely in compliance.

Professor Harris approaches the Charter from a legal perspective. He makes comparisons with the European Convention on Human Rights, the International Covenant on Economic and Social Rights, and the ILO conventions where appropriate. It is a useful parallel when assessing the potential of the more recent International Covenant on Economic, Social and Cultural Rights and other regional treaty guarantees, such as the American Convention on Human Rights.

This book is the first full account of the Charter. It graphically exposes the difficulties of enforcing economic and social rights through international law.

The complete text of the Charter, which is not widely available, is included as an appendix.

About The Author(s)

David Harris is Professor of Public International Law, Department of Law, at the University of Nottingham, England.

Reviews

Ronald St. John Macdonald, Judge of the European Court of Human Rights, Strasbourg
This outstanding study of the evolution and implementation of the European Social Charter assesses relations between law and the internal social policies of states and points to new possibilities for guaranteeing social and economic rights through international agreements and supervision. This book fills a major gap in the English-language literature and serves as an important reminder of the essential complimentarity of human rights and the need for their dynamic development.

Availability

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The European Social Charter is also available from Amazon.com.

Table of Contents

Editor's Foreword			v
Preface			xi
Abbreviations			xii
Introduction			xiii
Chapter I: The Background to the Charter			1
	The Drafting of the Charter		1
	An Outline of the Charter		8
	The International Context		10
	Interpretation of the Charter		12
Chapter II: The Undertakings in the Charter			14
	Objectives of Economic and Social Policy		14
	Introductory Aspects		18
		The General Undertaking	18
		Dynamic Provisions	20
	Analysis of Articles		21

Article 1:	The Right to Work	21
Article 2:	The Right to Just Conditions of Work	37
Article 3:	The Right to Safe and Healthy Working Conditions	43
Article 4:	The Right to a Fair Remuneration	48
Article 5:	The Right to Organize	59
Article 6:	The Right to Bargain Collectively	69
Article 7:	The Right of Young Children and Young Persons to Protection	80
Article 8:	The Right of Employed Women to Protection	80
Article 9:	The Right to Vocational Guidance	98
Article 10:	The Right to Vocational Training	100
Article 11:	The Right to Protection of Health	105
Article 12:	The Right to Social Security	108
Article 13:	The Right to Social and Medical Assistance	121
Article 14:	The Right to Benefit from Social Welfare Services	129
Article 15:	The Right of Physically or Mentally Disabled Persons to Vocational Training, etc.	132
Article 15:	The Right of the Family to Social, Legal, and Economic Protection	136
Article 15:	The Right of Mothers and Children to Social and Economic Protection	139
Article 15:	The Right to Engage in a Gainful Occupation Abroad	145
Article 15:	The Right of Migrant Workers and Their Families to Protection and Assistance	157

	Maintenance of a System of Labor Inspection			188
	The Record of Compliance			188
	The Standards Set by the Charter			192
Chapter III: The System of Supervision				200
	National Reports			200
		Reports on Accepted Provisions		201
		Reports on Unaccepted Provisions		211
		Comments upon Reports by National Employers Organizations and Trade Unions		214
	The Committee of Independent Experts			216
		Membership		216
		Organization of Work		222
		Function		228
			Article 21 Reports	228
			Article 22 Reports	233
	The Governmental Committee of the European Social Charter			235
		Membership		235
		Organization of Work		236
		Function		239
	Relations Between the Committee of Independent Experts and the Governmental Committee			245
	The Parliamentary Assembly			249
	The Committee of Ministers			253
	The System of Supervision as a Whole: Some Comments			261
Chapter IV: Restrictions on the Application of the Charter				273
	Derogation from Charter Obligations in Time of War or Public Emergency			273
	Restrictions in the Public Interest, etc.			276
	Abuse of Power			278
	Article 33: Implementation by Collective Agreements			279
	Application Ratione Personae			281
		Nationality Limitations		281
		The Self-employed		283
		Workers in Agriculture		284
	Territorial Application			284
	Reservations			286
	Relations Between the Charter and Municipal Law			290
Chapter V: The Charter: Achievements and Prospects				292

Appendix I:	Table of Signatories and Contracting Parties to the Charter	303
Appendix II:	Table of Compliance with the Charter as Determined by the Committee of Independent Experts During the First Six Cycles	304
Appendix III:	Changes in National Law and Practice in Accordance with the Charter	308
Text of the European Social Charter		312
Bibliography		331
Table of Charter References		339
Index		343