MISSOC Vilnius- 17/18 October 2013 THE PROTECTION OF SOCIAL RIGHTS IN TIMES OF AUSTERITY karl-friedrich bopp COUNCIL OF EUROPE MISSOC Vilnius- 17/18 October 2013

Crédits photos Conseil de l'Europe

COUNCIL OF EUROPE 47 MEMBER STATES Crédits photos Conseil de l'Europe

3 Statutory Goals/Objectives : - Democracy - Rule of Law - Human Rights

Crédits photos Conseil de l'Europe THE EUROPEAN CONVENTION OF HUMAN RIGHTS/THE EUROPEAN COURT OF HUMAN RIGHTS RRIGHTSRIGHTS Crédits photos Conseil de l'Europe

Crédits photos Conseil de l'Europe THE EUROPEAN SOCIAL CHARTER AND THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS (15 members) Crédits photos Conseil de l'Europe

Rights guaranteed by the Charter: Housing, Health, Education, Employment, Social protection, non discrimination

The European Committee of Social Rights (1) « The Committe recalls that the aim and purpose of the Charter, being a human rights protection instrument, is to protect rights not merely theoretically, but also in fact. » Voici un autre exemple de diapositives de vue d’ensemble utilisant des transitions.

The European Committee of Social Rights (2) « In this respect, the implementation of the Charter cannot be achieved solely by the adoption of legislation if its application is not accompanied by an effective and rigourous control » Voici un autre exemple de diapositives de vue d’ensemble utilisant des transitions.

The European Committee of Social Rights (3) « States Parties must not merely take legal action but also make available the ressources and introduce the operational procedures necessary to give full effects to the rights » Voici un autre exemple de diapositives de vue d’ensemble utilisant des transitions.

Monitoring Procedures REPORTING SYSTEM / 43 STATES Based on national reports 2. COLLECTIVE COMPLAINTS PROCEDURE / 15 STATES Based on complaints from trade unions, employers’ organisations and NGOs.

…. application of the European Social Charter in the context of the economic crisis (1) Under the Charter the Parties have accepted to pursue by all appropriate means, the attainment of conditions in which inter alia the right to health, the right to social security, the right to social and medical assistance and the right to benefit from social welfare services may be effectively realised.

…. application of the European Social Charter in the context of the economic crisis (2) From this point of view, the Committee considers that the economic crisis should not have as a consequence the reduction of the protection of the rights recognised by the Charter.

…. application of the European Social Charter in the context of the economic crisis (3) Hence, the governments are bound to take all necessary steps to ensure that the rights of the Charter are effectively guaranteed at a period of time when beneficiaries need the protection most.

European Committee of Social Rights (ECSR) Decisions taken by the European Committee of Social Rights (ECSR) following complaint procedures and the national reports mechanism in the context of the economic crisis T

ECSR DECISIONS (1) The Committee concluded that “the economic crisis should not have as a consequence the reduction of the protection of the rights recognised by the Charter. Hence, governments are bound to take all necessary steps to ensure that the rights of the Charter are effectively guaranteed at a period of time when beneficiaries most need the protection.  

ECSR DECISIONS (2) The Committee considers that what applies to the right to health and social protection should apply equally to labour law. While it may be reasonable for state parties to respond to the crisis by changing current legislation and practice to limit public expenditure or relieve constraints on business activity, such measures should not excessively destabilise the situation of those who enjoy the rights enshrined in the Charter.  

ECSR DECISIONS (3) In particular, the Committee considers that measures taken to encourage greater employment flexibility with a view to combating unemployment should not deprive broad categories of employees of their fundamental rights in the field of labour law, which protect them against arbitrary decisions by their employers or the worst effects of economic fluctuations. The establishment and maintenance of these basic rights is a core objective of the Charter.

DECISIONS IN RESPECT OF PENSIONS (1) Any decisions made in respect of pension entitlements must respect the need to reconcile the general interest with individual rights, including any legitimate expectations that individuals may have in respect of the stability of the rules applicable to social security benefits.

DECISIONS IN RESPECT OF PENSIONS (2) The Committee concludes that the restrictive measures at stake, which appear to have the effect of depriving one segment of the population of a very substantial portion of their means of subsistence, have been introduced in a manner that does not respect the legitimate expectation of pensioners …..

DECISIONS IN RESPECT OF PENSIONS (3) …..that adjustments to their social security entitlements will be implemented in a manner that takes due account of their vulnerability, settled financial expectations and ultimately their right to enjoy effective access to social protection and social security.

CONCLUSION The European Social Charter is at the heart of the Council of Europe three statutory goals: - Human rights which cannot be realised without social rights - Rule of law as there is no true justice without social justice - Democracy as there is no true democracy without a strong social dimension. The Crisis is an opportunity to build societies based on these three values

THANK YOU FOR YOUR ATTENTION! www.coe.int/socialcharter