THE ROLE OF INGOS AND SOCIAL PARTNERS IN THE COLLECTIVE COMPLAINTS PROCEDURE UNDER THE EUROPEAN SOCIAL CHARTER Sheila Hirschinger, Coordinator of MISSCEO, Council of Europe 18/11/2018

Outline of the presentation Role of INGOs/social partners in the collective complaints procedure Outline of the presentation Collective complaints procedure – overview Seminar on the collective complaints procedure, Belgrade, Serbia, 25 October 2016: the role of international and national non-governmental organisations and social partners in the procedure Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure

Collective complaints procedure – overview (1) Role of INGOs/social partners in the collective complaints procedure Collective complaints procedure – overview (1) Additional Protocol to the European Social Charter providing for a system of collective complaints: entry into force 1998 Aim – to improve the enforcement of social rights guaranteed by the Charter. It strengthens the role of international non-governmental organisations (INGOs) and social partners, enabling them to apply to the European Committee of Social Rights (ECSR) for rulings on unsatisfactory implementation of the Charter Currently accepted by 15 States

Who can lodge a complaint of violation of the Charter? Role of INGOs/social partners in the collective complaints procedure Collective complaints procedure – overview (2) Who can lodge a complaint of violation of the Charter? INGOs that have participatory status with the Council of Europe’s Conference of INGOs and entitled to submit collective complaints European social partners (ETUC, Business Europe and OIE) Social partners in the country concerned National NGOs in States which have declared acceptance (Finland)

Collective complaints procedure – overview (3) Role of INGOs/social partners in the collective complaints procedure Collective complaints procedure – overview (3) What steps are taken when a complaint is lodged? Complaints must meet the admissibility conditions and criteria. The ECSR appoints a Rapporteur Decision on admissibility If admissible, the respondent state makes written submissions on the merits of the complaint – the complainant organisation makes written responses; a public hearing may take place Decision on the merits of the complaint (ie. violation or non-violation) Follow-up: The State is asked to notify the Committee of Ministers of measures taken/planned to remedy the situation Resolution (or Recommendation) of the Committee of Ministers

Collective complaints procedure – overview (4) Role of INGOs/social partners in the collective complaints procedure Collective complaints procedure – overview (4) The Committee has adopted decisions on the merits of complaints which concern a wide variety of issues, including: the right to a pension/social security in periods of austerity the right to organise and the right to strike the rights of persons with disabilities the rights of Roma the right to assistance and shelter for migrants the rights on access to abortion and many other issues

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (1) Representatives of the Serbian government, NGOs, trade unions and employers’ organisations Member of the European Committee of Social Rights (ECSR) Representatives of INGOs with practical knowledge of the collective complaints procedure: Caritas Europe: a non-profit organisation committed to fighting poverty and social exclusion - advocating policy changes Advocacy Centre on Council of Europe Standards (ACCESS) Defence for Children (DCI), European Federation of National Organisations Working with the Homeless (FEANTSA), Confederation of European Churches (CEC) (lawyer with experience of complaints)

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (2) Presentations on NGOs/social partners’ role in the procedure: NGOs and social partners can submit written observations – this is not conditional on participatory status with the INGO Conference If a hearing is requested by either of the parties to the complaint, NGOs and social partners that have submitted such observations can be invited to take part in the hearing They also have an important role to play after the adoption of the decision by the ECSR by encouraging the state to implement relevant measures / monitor the situation / raise awareness

Seminar on the collective complaints procedure Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure Belgrade, 25 October 2016 (3) Information was given on the public hearing in Strasbourg, 20 October 2016 under the collective complaints procedure (Complaint No. 111/2014, Greek General Confederation of Labour (GSEE) v. Greece) held at the request of the GSEE The complaint alleges that some laws enacted in Greece as part of austerity measures affect the workers’ rights in a manner that is contrary to the Charter - related to : the right to work, just conditions of work, fair remuneration, protection of children/young persons and taking part in the determination and improvement of working conditions and working environment

Seminar on the collective complaints procedure Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure Belgrade, 25 October 2016 (4) Further information provided on the public hearing in Strasbourg, 20 October 2016 under the collective complaints procedure (Complaint No. 111/2014, Greek General Confederation of Labour (GSEE) v. Greece): Observations submitted as third parties by International Organisation of Employers (IOE) and European Confederation of Trade Unions (ETUC) The Greek Minister for Labour, social security and social solidarity participated in the hearing The Government of Greece affirmed its commitment to the respect of Greece’s international obligations and to the protection of social rights

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (5) Presentation by the Manager of the Social Inclusion and Poverty Reduction Unit, Government of Serbia: Provided data on poverty / unemployment reflecting difficulties in the current economic climate Stressed the importance of reducing inequalities and the need to protect the most vulnerable categories of society Demonstrated ways in which the Charter has helped Serbia to achieve normative successes Highlighted the role of the collective complaints procedure as a partner to civil society

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (6) Some examples of collective complaints and positive outcomes were presented: FIDH v. France (N° 14/2003) - the right to medical assistance of children of undocumented migrants; Interights v. Croatia (N° 45/2007) – withdrawal from the educational system of a textbook containing discriminatory statements on the grounds of sexual orientation; European Roma Rights Centre v. Bulgaria (N° 48/2008) – Social Security Act amended in order not to suspend access to unemployment benefits for people in precarious situations

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (7) Defence for Children International (DCI) v. the Netherlands (N° 47/2008) – the complaint concerned the provision of adequate shelter to children in an irregular situation in the territory (Article 31 of the Charter: the right to housing) The particularly vulnerable situation of children was of importance and the complaint raised public awareness, linked to a campaign on housing. The Netherlands took the necessary measures to bring the situation into conformity.

Seminar on the collective complaints procedure, Role of INGOs/social partners in the collective complaints procedure Seminar on the collective complaints procedure, Belgrade, 25 October 2016 (8) Presentations underlined positive aspects of the procedure: Absence of requirements of exhaustion of remedies – as with the ECHR No compensation involved – cost-saving approach Relative rapidity for admissibility and merits phases Therefore, less time spent and fewer resources required No need for an individual victim

Conclusion: Strengthening stability, growth and democracy Role of INGOs/social partners in the collective complaints procedure Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure (1) The procedure is based on a collaborative approach; Focus on constructive dialogue with INGOs, NGOs, social partners and the State, based on cooperation It provides opportunities for INGOs, NGOs and social partners to contribute to interpreting applicability of the Charter They also have a critical role to play for the development of social policies

Conclusion: Strengthening stability, growth and democracy Role of INGOs/social partners in the collective complaints procedure Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure (2) The procedure is not a condemnation-oriented system A change of policy/law/practice at the time of the decision on the merits will be taken into consideration and may avoid a negative decision The procedure has increased visibility and impact of the Charter, at the national and international level

Conclusion: Strengthening stability, growth and democracy Role of INGOs/social partners in the collective complaints procedure Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure (3) Given its collective nature, a complaint before the European Committee of Social Rights is likely to reduce the number of applications before the European Court of Human Rights The procedure is complementary to the reporting system under the European Social Charter It provides an international tool to improve legislation or practice Civil society is directly involved in ensuring respect for social rights

Conclusion: Strengthening stability, growth and democracy Role of INGOs/social partners in the collective complaints procedure Conclusion: Strengthening stability, growth and democracy through the collective complaints procedure (4) The procedure enables solutions to be found to problems, involving all actors through dialogue It contributes to the avoidance of social conflicts and polarisation It improves the implementation of social and economic rights guaranteed by the European Social Charter, a key objective of the Turin process It leads to better decisions, contributes to stability, social and economic growth, and strengthens democracy

Thank you for your attention Role of INGOs/social partners in the collective complaints procedure Thank you for your attention Sheila Hirschinger Coordinator of MISSCEO Bratislava, MISSOC meeting, 11 November 2016 www.coe.int/socialcharter www.coe.int/socialcharter/ECSS www.coe.int/socialcharter/missceo