1 ENG THE EUROPEAN SOCIAL CHARTER AND ITS IMPLEMENTATION Prof. Dr. Rüçhan IŞIK

2 COUNCIL OF EUROPE A political organization founded in 1949 A political organization founded in 1949 Defender of the principles of democracy, human rights and the rule of law Defender of the principles of democracy, human rights and the rule of law Membership is open to all European states which undertake to abide by the Organization’s principles Membership is open to all European states which undertake to abide by the Organization’s principles 47 members and 800 million citizens 47 members and 800 million citizens

3 GENERAL OVERVIEW A Council of Europe treaty A Council of Europe treaty Adopted in 1961 and revised in 1996 Adopted in 1961 and revised in 1996 A natural complement of the European Convention on Human Rights A natural complement of the European Convention on Human Rights Guarantees economic and social human rights Guarantees economic and social human rights

4 THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS A supervisory body A supervisory body Rules on the conformity of the situation in states with the Charter, the 1988 Additional Protocol and the Revised Charter. It ascertains whether countries have honored the undertakings set out in the Charter Rules on the conformity of the situation in states with the Charter, the 1988 Additional Protocol and the Revised Charter. It ascertains whether countries have honored the undertakings set out in the Charter 15 independent, impartial members 15 independent, impartial members Members are elected by the Council of Europe Committee of Ministers for a period of six years, renewable once. Members are elected by the Council of Europe Committee of Ministers for a period of six years, renewable once.

5 SUPERVISION MEANS OF THE COMMITTEE Monitoring procedure based on national reports Monitoring procedure based on national reports Collective complaints procedure Collective complaints procedure

6 MONITORING PROCEDURE BASED ON NATIONAL REPORTS Every year the states parties submit a report indicating how they implement the Charter in law and in practice. Every year the states parties submit a report indicating how they implement the Charter in law and in practice. The reports cover a quarter of the Charter’s provisions, thematically grouped as: The reports cover a quarter of the Charter’s provisions, thematically grouped as: Group 1 (2008): employment training and equal opportunities Group 1 (2008): employment training and equal opportunities Group 2 (2009): health, social security and social protection Group 2 (2009): health, social security and social protection Group 3 (2010): labor rights Group 3 (2010): labor rights Group 4 (2011): children, families and migrants Group 4 (2011): children, families and migrants Group 1 (2012): employment training and equal opportunities Group 1 (2012): employment training and equal opportunities 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. 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. 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.

7 COLLECTIVE COMPLAINTS PROCEDURE 1995 Additional Protocol Providing for a System of Collective Complaints 1995 Additional Protocol Providing for a System of Collective Complaints Developed with the aim of strengthening the supervisory mechanism based on national reports and appeared as its complementary. Developed with the aim of strengthening the supervisory mechanism based on national reports and appeared as its complementary. Judical-like system Judical-like system Concerns the general legal situation and not a method of individual application. Concerns the general legal situation and not a method of individual application.

8 ORGANIZATIONS ENTITLED TO LODGE COMPLAINTS In the case of all states that have accepted the procedure: In the case of all states that have accepted the procedure: ETUC, BusinessEurope, IOE ETUC, BusinessEurope, IOE Non-governmental organizations (NGOs) with participative status with the Council of Europe which are on a list drawn up for this purpose by the Governmental Committee; Non-governmental organizations (NGOs) with participative status with the Council of Europe which are on a list drawn up for this purpose by the Governmental Committee; Employers’ organizations and trade unions in the country concerned Employers’ organizations and trade unions in the country concerned In the case of states which have also agreed to this: In the case of states which have also agreed to this: National NGOs. National NGOs.

9 APPLICATION OF THE PROCEDURE The condition to have signed and ratified the 1995 dated Protocol. The condition to have signed and ratified the 1995 dated Protocol. Today, only 18 states have signed this Protocol and among these, only 12 have ratified and implemented it. Today, only 18 states have signed this Protocol and among these, only 12 have ratified and implemented it.

10 THE IMPACT OF THE CHARTER The rights governed under the Charter may be divided into three groups: The rights governed under the Charter may be divided into three groups: Fundamental rights in the negative meaning: with the aim of protecting citizens against excessive interference by other persons, communities or state. Fundamental rights in the negative meaning: with the aim of protecting citizens against excessive interference by other persons, communities or state. Minimum standards that the states must ensure for everyone Minimum standards that the states must ensure for everyone Other rights Other rights

11 NEGATIVE SOCIAL RIGHTS Prohibition of forced labor (article 1/II) Prohibition of forced labor (article 1/II) Prohibition of violation of privacy of workers (article 1/II) Prohibition of violation of privacy of workers (article 1/II) Prohibition of discrimination (article 1/II or E) Prohibition of discrimination (article 1/II or E) Prohibition of child labor (article 7/I) Prohibition of child labor (article 7/I) Prohibition of sexual and immoral abuse of children (article 7/X and 17/I) Prohibition of sexual and immoral abuse of children (article 7/X and 17/I) Prohibition of negligence, abuse and ill-treatment of children (article 17/I) Prohibition of negligence, abuse and ill-treatment of children (article 17/I) Prohibition of dangerous and unhealthy work of young workers (article 7/II) Prohibition of dangerous and unhealthy work of young workers (article 7/II) Prohibition of sexual and other harassment at work (article 26/I) Prohibition of sexual and other harassment at work (article 26/I)

12 MINIMUM STANDARDS Mandatory minimum conditions of employment and maximum length of working hours (article 2/I) Mandatory minimum conditions of employment and maximum length of working hours (article 2/I) Occupational health and safety in the working environment (article 3/I) Occupational health and safety in the working environment (article 3/I) Minimum wage (article 4/I) Minimum wage (article 4/I) Organize (article 5) Organize (article 5) Protection of maternity (article 8/I) Protection of maternity (article 8/I) Emergency health care services (article 11/I) Emergency health care services (article 11/I) Minimum level of social income (article 13/I) Minimum level of social income (article 13/I) Visitors to subsistence level of aid (article 13/IV) Visitors to subsistence level of aid (article 13/IV) Emergency social care (article 14/I) Emergency social care (article 14/I) Necessary family benefits and care of children (article 16 and 17/I) Necessary family benefits and care of children (article 16 and 17/I) Free basic education (article 17/I) Free basic education (article 17/I) Vocational training based solely on individual aptitude (article 10/I) Vocational training based solely on individual aptitude (article 10/I) Support of mother tongue (article 19/XII) Support of mother tongue (article 19/XII) Inclusion (article 30) Inclusion (article 30) Immediate temporary housing with standards of human dignity (article 31/II) Immediate temporary housing with standards of human dignity (article 31/II) Standard housing without reasonable delay (article 31/I) Standard housing without reasonable delay (article 31/I)

13 OTHER RIGHTS The final group of rights comprises all other rights which the states have mutually agreed to include in the Social Charter in order to promote their protection, level or coverage to secure the distribution of European welfare within the reach of everyone. They set requirements for the states to promote the rights in full and in a way that ensures their reasonable fulfillment within a foreseeable period of time. The final group of rights comprises all other rights which the states have mutually agreed to include in the Social Charter in order to promote their protection, level or coverage to secure the distribution of European welfare within the reach of everyone. They set requirements for the states to promote the rights in full and in a way that ensures their reasonable fulfillment within a foreseeable period of time.

14 SIGNATORIES OF THE CHARTER 2 out of 47 members have not signed the 1996 Charter but these have signed the 1961 Charter. 2 out of 47 members have not signed the 1996 Charter but these have signed the 1961 Charter. Among those countries that have signed the 1996 revised Charter, 12 still have not ratified it but have the 1961 Charter ratified.. Among those countries that have signed the 1996 revised Charter, 12 still have not ratified it but have the 1961 Charter ratified.. 4 states have ratified neither of the Charters: Liechtenstein, Monaco, San Marino and Switzerland 4 states have ratified neither of the Charters: Liechtenstein, Monaco, San Marino and Switzerland

15 IMPLEMENTATION OF THE CHARTER Article I: Article I: (1) Without prejudice to the methods of implementation foreseen in these articles the relevant provisions of Articles 1 to 31 of Part II of this Charter shall be implemented by: Laws or regulations Laws or regulations Agreements between employers or employers’ organizations and workers’ organizations Agreements between employers or employers’ organizations and workers’ organizations A combination of those two methods A combination of those two methods Other appropriate means. Other appropriate means.

16 APPLICATION OF THE CHARTER (2) The legal means used to fulfill the Charter’s obligations is left to the discretion of the states parties. The legal means used to fulfill the Charter’s obligations is left to the discretion of the states parties. the Committee is of the opinion that it is not enough for a law to exist and comply with principles of the Charter for the situation to be in conformity; the law also has to be applied in practice. the Committee is of the opinion that it is not enough for a law to exist and comply with principles of the Charter for the situation to be in conformity; the law also has to be applied in practice.

17 TURKEY Signed and ratified the 1996 Revised Charter. Signed and ratified the 1996 Revised Charter. Made reservations concerning certain provisions: Made reservations concerning certain provisions: Article 2/III: Minimum of four weeks’ annual holiday with pay Article 2/III: Minimum of four weeks’ annual holiday with pay Article 4/I: Remuneration that will provide decent standard of living Article 4/I: Remuneration that will provide decent standard of living Article 5: The right to organize Article 5: The right to organize Article 6: Right to bargain collectively Article 6: Right to bargain collectively Despite this, it is one of the two countries that have ratified the most provisions. Despite this, it is one of the two countries that have ratified the most provisions.

18 EU AND THE CHARTER EU member states are having difficulty complying with the undertakings of the Charter. EU member states are having difficulty complying with the undertakings of the Charter. These states do not have adequte freedom to act concerning pursuing their social policies. These states do not have adequte freedom to act concerning pursuing their social policies. They may have to waive investment in certain social areas for the sake of abiding by the Union’s budget discipline. They may have to waive investment in certain social areas for the sake of abiding by the Union’s budget discipline. Freedom of establishment and free movement of services cause clashes of national legislations among the Union members. Freedom of establishment and free movement of services cause clashes of national legislations among the Union members. The member states shall establish balance between the requirements of the Union and the requirements of other international obligations such as the Charter. The member states shall establish balance between the requirements of the Union and the requirements of other international obligations such as the Charter.

19 Thank you for your attention…