Appendix 2 to the reply
Comments by the European Committee of
Social Rights (ECSR)
1. The Committee of Ministers has asked the European
Committee for Social Rights (ESCR) to forward any comments it might
have on Parliamentary Assembly
Recommendation 1911 (2010). In reply to this request, the ESCR wishes to make the
following observations:
2. The Charter is unique in Europe, not only in terms of the
rights guaranteed, but also because of the double dimension of its
supervisory mechanism: an annual procedure based on national reports
on the one hand and a collective complaints procedure allowing civil
society organisations to lodge complaints on the other. The ECSR,
the regulatory body of the Charter made up of fifteen independent
and impartial experts, rules on the conformity of national law and
practice under both these procedures.
3. Pursuant to its Article E, the Revised Charter recognises
the enjoyment of rights set forth in the treaty “without discrimination
based on sex”. The existence of this provision as a distinct article
attests to the high importance given by the states to the principle
of non-discrimination in the realisation of fundamental rights guaranteed
by the Charter.
4. Regarding the protection of specific rights in respect of
women, Article 20 of the Revised Charter provides for the right
to equal opportunities and equal treatment in matters of employment
and occupation. Moreover, Article 4§3 of the Charter recognises
the right of women and men workers to equal pay for work of equal
value. The ESCR refers in this regard to its comments on Parliamentary
Assembly
Recommendation 1907
(2010) on “The wage gap between women and men”.
5. Furthermore, the Charter guarantees the right to equality
of opportunity and treatment for women and men workers with family
responsibilities and between such workers and other workers (Article
27). In addition, Article 26 of the Charter guarantees to all workers
the right to protection of their dignity at work and requests states
to adopt measures to prevent and properly sanction sexual harassment.
6. The ESCR welcomes the initiative taken by the Parliamentary
Assembly with the adoption of
Recommendation
1911 (2010) and reaffirms its commitment to ensuring an effective
equality between women and men. It underlines the necessity of closing
the gap between
de iure and
de facto equality, especially in
the wake of the economic and financial crisis which endanger the
modest gains achieved by women in the past.
7. In its case law, the ESCR has stressed that compliance with
the principle of equal treatment requires taking positive account
of relevant differences as well as taking adequate steps to guarantee
genuinely equal opportunities to all. Affirmative measures are needed
to eliminate inequalities originating from the social consequences
of historic discrimination and from existing stereotypes. They should
not be considered as permitted exceptions from equal treatment,
as acts of “positive discrimination”. Such an approach would in effect
perpetuate the “single standard” perception of equality where equality
has to be achieved by women along standards adjusted to male realities.
8. Unequal division of family and domestic responsibilities is
a major cause, not only of the discrimination against women on the
labour market in the context of the economic and financial crisis,
but also of their limited social and political participation. In
this regard, the ESCR refers to Parliamentary Assembly
Recommendation 1800 (2007) on “The feminisation of poverty” and, in particular,
to the scope of the Article 30 of the Revised Charter (the right
to protection against poverty and social exclusion).
9. The ESCR shares the novel view expressed in the recommendation
about the role of women in the creation of a more stable and safe
economic and financial environment. It agrees with the high importance
of ensuring gender balance in political leadership and in decision-making
positions, including in businesses. It invites states to take measures
in order to ensure that workers with family responsibilities are
not discriminated against due to these responsibilities (Article
27). States should encourage initiatives aimed at conciliating family life
and work for both women and men workers in order to achieve real
equality among them.
10. In conclusion, the ESCR invites States Parties of the Charter
which have not yet accepted Articles 4§3, 20, 26, 27 and 30 and/or
the collective complaints procedure to do so before 18 October 2011
(date of the 50th anniversary of the Charter), as this would enable
the competent organisations to submit complaints with the ESCR concerning
breaches of discrimination based on sex.
