1. IHREC Submission on the European Social Pillar
Laurence Bond
Acting Director
IHREC

2. The Irish Human Rights and Equality Commission is…
an independent public authority established by the Irish Human Rights and Equality Commission Act 2014
the Irish national equality body for the purpose of the EU’s equality directives
the Irish national human rights institution

3. In its 2016–2018 Strategy Statement, the Commission prioritised
promoting the indivisibility of equality and human rights
enhanced support for expanded protection measures for socio-economic rights

4. equality and social rights should be at the heart of the European Social Pillar

5. a number of the policy domains in the outline Pillar address specific equality issues
These include
Principle 5: Gender equality and work life balance,
Principle 6: Equal opportunities,
Principle 16: Disabilities,
Principle 17: Long-term care, and
Principle 18: Childcare

6. Principle 6 on equal opportunities addresses discrimination in employment
the Social Pillar must also address discrimination and inequality outside employment, including
(a) in the provision of goods and services,
(b) in the experiences of disadvantaged groups in the broader public sphere, including through misleading propaganda, violence, hate speech, and representation in the media, and
(c) state and official support for civil society organisations of people who experience inequality,

7. Inconsistency of approach gives weaknesses:
Inconsistency of approach gives weaknesses
the rights of most of the groups that experience inequality are not set out in a systematic way ( as has e.g. been attempted for persons with disabilities)
Nor do the principles/policy domains systematically address the social rights of all groups that experience inequality.

8. that the next iteration of the European Pillar of Social Rights undergo an equality mainstreaming evaluation to ensure:
(a) that each of the groups protected equality laws are identified and their rights are set out in separate principles, and
(b) policy domains been equality proofed and explicitly address the particular needs of all protected groups

9. From social policy to social rights
Social policies are the legislative, funding, programmatic and other implementation tools that are designed to secure the realisation of social rights.
The success or otherwise of a social policy depends not only on whether the policy achieved the objectives that are stated for it but also – vitally – whether the stated objective is itself in conformity with social rights

10. a number of the policy domains in outline Pillar of Social Rights refer to provisions in the Charter of Fundamental Rights of the European Union
Nevertheless policy approaches in the draft do not consistently reflect the substantive content of the rights that are provided for in the Charter of Fundamental Rights or in the European Social Charter

11. recommends that each of principles be reviewed to ensure that they demonstrate how the principle ensures that the European Union or Member States, shall respect or protect or fulfil the social rights in the Charter of Fundamental Rights of the European Union and the corresponding rights set out in the European Social Charter

12. notes a number of areas of divergence between EU law and the jurisprudence under the European Social Charter
(a) levels of compensation in cases of discrimination,
(b) excessive working hours and rest periods,
(c) overtime pay,
(d) collective bargaining and cross-border ‘wage dumping’
(e) the protection of health,
(f) the right of migrant workers to family reunion, and
(g) the right to social security.

13. In keeping with the aims of the ‘Turin Process’, the outline of a European Pillar of Social Rights be strengthened by setting out the steps that will be taken to reform the European Union’s social acquis to reduce and eliminate the divergences between that acquis and the jurisprudence under the European Social Charter.