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of the European Social Charter

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1 of the European Social Charter
The “TURIN PROCESS” of the European Social Charter Sheila Hirschinger Coordinator of MISSCEO MISSOC meeting, Amsterdam, 6 June 2016

2 OUTLINE OF THE PRESENTATION
Introduction to the European Social Charter: some facts and figures The “Turin Process” of the European Social Charter Council of Europe’s new website dedicated to the European Social Charter

3 The European Social Charter: some facts and figures (1)
Key dates: 1961: The European Social Charter opened for signature in Turin 1995: The Additional Protocol providing for a system of collective complaints 1996: The Revised European Social Charter 2014: “Turin Process” launched at the High-Level Conference on the European Social Charter (“TURIN 1”) 2016: “TURIN 2” events 20th anniversary Revised Charter

4 The European Social Charter: some facts and figures (2)
A Council of Europe treaty that guarantees fundamental social and economic rights It guarantees a broad range of everyday human rights related to employment, housing, health, education, employment, legal and social protection, movement of persons and non-discrimination The treaty system: an integrated set of international standards concerning social rights and a mechanism for monitoring their implementation

5 The European Social Charter: some facts and figures (3)
43 out of the 47 member States of the Council of Europe are parties to either the 1961 Charter or the Revised Charter The honouring of commitments by States Parties is subject to monitoring by the European Committee of Social Rights (ECSR) The Committee of Ministers (CoM) adopts a Resolution which closes each supervision cycle and, if necessary, a Recommendation to a State The CoM’s work is prepared by the Governmental Committee of the European Social Charter and the European Code of Social Security

6 The European Social Charter: some facts and figures (4)
Two mechanisms exist for monitoring compliance: Collective Complaints procedure: complaints of violation of the Charter may be lodged by the social partners and certain non-governmental organisations → Decisions of the ECSR National reports by States parties on the basis of a reporting system → Conclusions of the ECSR

7 The European Social Charter: some facts and figures (5)
A simplified reporting procedure introduced for States having accepted the Collective Complaints procedure (submission of a simplified report every two years) Provisions of the Charter are divided into four thematic groups for the purposes of submission of national reports and monitoring of compliance

8 EUROPEAN COMMITTEE OF SOCIAL RIGHTS
The European Social Charter: some facts and figures (6) EUROPEAN COMMITTEE OF SOCIAL RIGHTS CONCLUSIONS IN A NUTSHELL

9  2015 Children, families and migrants EUROPEAN SOCIAL CHARTER
762 situations examined 12% 57 % 31% In 2015, the European Committee of Social Rights examined the reports submitted by 31 States Parties on the articles of the Charter relating to children, families and migrants: the right of children and young persons to protection (Article 7) the right of employed women to protection of maternity (Article 8) the right of the family to social, legal and economic protection (Article 16) the right of children and young persons to social, legal and economic protection (Article 17) the right of migrant workers and their families to protection and assistance (Article 19) the right of workers with family responsibilities to equal opportunity and treatment (Article 27) the right to housing (Article 31) The reports covered the reference period 57 % Conformity 31 % Non-conformity 12 % Conclusions deferred because of lack of information

10  2014 Labour Rights EUROPEAN SOCIAL CHARTER 724 situations examined
19% 46 % 35% In 2014, the European Committee of Social Rights examined the reports submitted by States Parties on the articles of the Charter relating to labour rights: the right to just conditions of work (Article 2) the right to a fair remuneration (Article 4) the right to organise (Article 5) the right to bargain collectively (Article 6) the right to information and consultation (Article 21) the right to take part in the determination and improvement of working conditions (Article 22) the right to dignity at work (Article 26) the right of workers’ representatives to protection in the undertaking (Article 28) the right to information and consultation in collective redundancy procedures (Article 29) The reports covered the reference period 2009‑2012. 46 % Conformity 35 % Non-conformity 19 % Conclusions deferred because of lack of information

11  2013 Health, social security and social protection
EUROPEAN SOCIAL CHARTER 2013 Health, social security and social protection 568 situations examined 19% 49 % 32% In 2013, the European Committee of Social Rights examined the reports submitted by 38 States Parties on the articles of the Charter relating to health, social security and social protection: the right to health and safety at work (Article 3) the right to health (Article 11) the right to social security (Article 12) the right to social and medical assistance (Article 13) the right to social services (Article 14) the rights of the elderly to social protection (Article 23, Article 4 of the 1988 Additional Protocol) the right to protection against poverty and social exclusion (Article 30) The reports covered the reference period 49 % Conformity 32 % Non-conformity 19 % Conclusions deferred because of lack of information

12  2012 Employment, training and equal opportunities
EUROPEAN SOCIAL CHARTER 2012 Employment, training and equal opportunities  608 situations examined 29% 45 % 26% In 2012, the European Committee of Social Rights examined the reports submitted by 42 States Parties on the articles of the Charter relating to employment, training and equal opportunities: the right to work (Article 1) the right to vocational guidance (Article 9) the right to vocation training (Article 10) the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15) the right to engage in a gainful occupational in the territory of other Parties (Article 18) the right to equal opportunities between women and men (Article 20) the right to protection in case of termination of employment (Article 24) the right of workers to the protection of their claims in the event of the insolvability of their employer (Article 25). The reports covered the reference period 45 % Conformity 26 % Non Conformity 29 % Conclusions deferred because of lack of information

13 of the European Social Charter (1)
The “Turin Process” of the European Social Charter (1) Launched at the High-level Conference on the European Social Charter (Turin, October 2014) Followed up by the Conference on the future of the protection of social rights in Europe (Brussels, February 2015) Main lines of action: to guarantee the future of the protection of social rights in Europe through strengthening the implementation of the treaty system of the European Social Charter

14 of the European Social Charter (2)
The “Turin Process” of the European Social Charter (2) “Turin 2” Interparliamentary Conference and Turin Forum on Social Rights in Europe (Turin, March 2016) The “Turin 2” events build on the Action Plan set out in the General report of the High-Level Conference on the European Social Charter, 2014 (Turin 1)

15 of the European Social Charter (3)
The “Turin Process” of the European Social Charter (3) “TURIN 2” Interparliamentary Conference on the European Social Charter, (Turin, 17 March 2016) Organised by the Italian Chamber of Deputies, the City of Turin and the Council of Europe Parliamentary representatives of Council of Europe member states participated

16 of the European Social Charter (4)
The “Turin Process” of the European Social Charter (4) Interparliamentary Conference – themes: The role of social rights in a European crisis-exit environment Implementation of social rights guaranteed by the Charter at national level in the current globalised context Process of ratifying the revised Charter and the protocol on the collective complaints procedure

17 of the European Social Charter (5)
The “Turin Process” of the European Social Charter (5) Interparliamentary Conference – political debates: Promoting more cohesive and inclusive societies in Europe Guarantee of fundamental rights, democratic security and rule of law Consideration of the Charter’s provisions in the context of the national legislative process

18 of the European Social Charter (6)
The “Turin Process” of the European Social Charter (6) (5) Turin Forum on social rights in Europe (Turin, 18 March 2016)

19 of the European Social Charter (7)
The “Turin Process” of the European Social Charter (7) Participants in this public Forum on social rights: took stock of the implementation of social rights in Europe in the light of the main challenges in the present international context debated the risks to democratic security of societies in which fundamental rights are not fully guaranteed

20 of the European Social Charter (8)
The “Turin Process” of the European Social Charter (8) On the occasion of the public Forum on social rights: Ceremony for the deposit of the instrument of ratification of the Revised European Social Charter by Greece Mr Georgios Katrougalos, Minister of Labour, Social Security and Social Solidarity of the Hellenic Republic

21 of the European Social Charter (9)
The “Turin Process” of the European Social Charter (9) The contribution of civil society is crucial for guaranteeing social rights, and the Conference of INGOs has created a Coordinated Committee dedicated to the Turin Process

22 The “Turin Process” of the European Social Charter (10) Conclusions and some essential ideas emerging from the Interparliamentary Conference (presented by Ms Silvia Bonet, Rapporteur on the Turin Process, First-Vice President of the Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly) Only the enjoyment of socio-economic rights and social inclusion, allows people to fully enjoy their civil and political rights, thus fundamental rights

23 The “Turin Process” of the European Social Charter (11)
Conclusions and some essential ideas emerging from the Interparliamentary Conference The Parliamentary Assembly has taken targeted action to support the Charter’s implementation, in legislative and political terms – such action needs to be further stepped up to address: Progress at the legislative level (in terms of ratification of the Charter’s treaties and provisions) Progress in terms of political action – how, concretely, have social rights guarantees been improved Identifying obstacles to fully guaranteeing certain rights and how to overcome them

24 The “Turin Process” of the European Social Charter (12)
Conclusions and some essential ideas emerging from the Interparliamentary Conference Parliamentarians have a special responsibility in guaranteeing the effective application of social rights in the national context and in response to current challenges in Europe They play a crucial role in setting political agendas and achieving political commitment to social rights for all – they are the main players in building truly inclusive societies The guarantee of social rights remain essential to democracy and for strengthening social cohesion, both at national and European level

25 The “Turin Process” of the European Social Charter (13) Conclusions and some essential ideas emerging from the Interparliamentary Conference It is not the external threats which are most dangerous but the internal gaps dividing our countries. The Council of Europe, and its 47 parliaments, have a special responsibility in guaranteeing European unity at all levels – for all people on its territory, from all backgrounds and all income categories – and by promoting the full treaty system of the Charter

26 The “Turin Process” of the European Social Charter (14)
Conclusions and some essential ideas emerging from the Interparliamentary Conference Dialogue will continue with a view to improving synergies between the Council of Europe and the European Union in the area of social rights There is a need for parliamentarians to take action in their respective national parliaments, and encourage their governments, to ensure that the Revised Charter will soon be ratified where this has not yet been done, and that a greater number of its provisions and the collective complaints procedure are accepted

27 of the European Social Charter (15)
The “Turin Process” of the European Social Charter (15) In the context of a communication policy to provide a clear message on the Charter’s treaty system: The new Council of Europe’s website dedicated to the European Social Charter was launched on 10 December 2015, International Human Rights Day

28 of the European Social Charter (16)
The “Turin Process” of the European Social Charter (16) The new website now includes: Integration of the “Turin Process” webpages A new webpage on the European Code of Social Security, which includes a section on MISSCEO Soon to be added to the new website : A webpage to be included on the European Social Cohesion Platform

29 THANK YOU FOR YOUR ATTENTION
Sheila Hirschinger Coordinator of MISSCEO MISSOC meeting, Amsterdam, 6 June 2016


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