1. 2016 Conclusions of the European Committee of Social Rights: Employment, training and equal opportunities
28 March 2017
Strasbourg
Lauri Leppik
Former General Rapporteur
of the European Committee of Social Rights

2. Conclusions 2016
Thematic Group: Employment, training and equal opportunities
Articles 1, 9, 10, 15, 18, 20, 24 and 25 of the Revised Charter
Reference period 1 January 2011−31 December 2014
Reports submitted by 31/10/2015

3. Conclusions 2016 General reporting procedure
Reports submitted by 34 countries
Albania and Luxembourg failed to submit a report in due time
Conclusions adopted during ECSR session 5-9 December 2016

4. Provisions of the thematic group
the right to work (Article 1)
the right to vocational guidance (Article 9)
the right to vocational 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 occupation in the territory of other Parties (Article 18)
the right to equal opportunities between women and men (Article 20)
the right to protection in cases of termination of employment (Article 24)
the right of workers to the protection of their claims in the event of the insolvency of their employer (Article 25)

5. Conclusions 2016
In total 513 conclusions relating to provisions of the thematic group
262 conclusions of conformity (51%)
166 violations (32%)
85 deferrals (17%)

6. Areas of progress
Improved legal framework to protect the rights of persons with disabilities and measures adopted to implement this legislation
Improved vocational guidance and training systems

7. Problem areas
Inadequate employment policy efforts to combat unemployment and promote job creation
Protection against discrimination in employment on different grounds such as gender and sexual orientation
Integration of persons with disabilities in the mainstream education, labour market and society
Equal rights between men and women in particular as regards equal pay

8. Article 1§2
Discrimination in employment shall be prohibited by legislation
Frequent issues:
insufficient definition of discrimination
insufficient protection against discrimination in employment
restrictions on the access of nationals of of other States Parties to the Charter to civil service posts are excessive (going beyond those permitted by Article G) and constitute a discrimination on grounds of nationality
missing legislation for a shift in the burden of proof in discrimination cases

9. Article 15§2 Access to employment of persons with disabilities
Frequent issues:
lack of legislation expressly prohibiting discrimination in employment on the ground of disability
failure to provide for reasonable accommodation
insufficient integration of persons with disabilities into the ordinary labour market

10. Article 20
Right to equal opportunities and equal treatment between men and women in matters of employment without discrimination
Frequent issues:
maintained restrictions on the employment of women
missing legislation for a shift in the burden of proof in discrimination cases based on sex
the unadjusted pay gap manifestly too high

11. Reference materials
European Committee of Social Rights. Conclusions (2016), incl. General Introduction
European Social Charter Database
HUDOC-ESC