Social Charter Definition
There are two European documents known as Social Charters. One is a treaty by the Council of Europe called The European Social Charter. It guarantees social and economic human rights in the countries that have adopted it. The other one is a European Union treaty called Charter of the Fundamental Social Rights of Workers. It contains moral obligations regarding the respect of certain social rights in the adopting countries.
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Council of Europe Social Charter
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The Council of Europe is a political organization founded in 1949 to defend the
principles of democracy, human rights and the rule of law in Europe. As of 2010, 47 countries are members of the organization. The Social Charter, adopted in 1961 and revised in 1996, sets out rights and freedoms that member states are obliged to respect. In order to ensure compliance, it also includes a supervisory mechanism.
What is Covered by the Charter
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Rights guaranteed by the Charter relate to housing, health, education, employment, legal and social protection, free movement of persons and non-discrimination. That, among other things, means prohibition of forced labor and fair working conditions, free primary and secondary education, accessible and effective healthcare facilities for the entire population, and the right of women and men to equal treatment and opportunities in employment.
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Monitoring of Compliance
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The European Committee of Social Rights is a 15-member body charged with monitoring whether states comply with the Charter. Apart from reviewing compliance reports by the member states, this Committee receives complaints submitted by employers’ organizations, trade unions, non-government organizations and certain international organizations.
EU Social Charter
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The European Social Charter contains “moral obligations” regarding the respect of certain social rights in the EU member states. These rights relate to labor market, social protection, equal opportunities and health and safety at work. Over time, the document became legally binding.
History
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The Social Charter was adopted in 1989 by all members of the European Union except the United Kingdom, which signed it in 1998. The document contained a request to the European Commission, which acts as EU “government," to come up with proposals for translating the content of the Charter into law. All the rights set out in the Social Charter are now included in the Charter of Fundamental Rights, proclaimed in 2000. With the signing of the Treaty of Lisbon, which came into force in 2009 and is seen as the EU constitution, the Charter became legally binding.
What is Included
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The Charter contains six sections, entitled dignity, freedoms, equality, solidarity, citizens’ rights and justice. This means that the Charter guarantees, among other things, the universal right to education and vocational training, equality of men and women in all areas, fair working conditions for workers and their right to strike, and prohibition of employment of children.
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- Photo Credit Three office workers image by Vladimir Melnik from Fotolia.com
