C Explanatory memorandum by Ms Ohlsson,
rapporteur
1 Introduction
1. On 28 January 2011, the Bureau of the Parliamentary
Assembly authorised the Social, Health and Family Affairs Committee
to prepare a report on the role of parliaments in the consolidation
and development of social rights in Europe, as a component of the
Assembly’s debate on the state of human rights in Europe at its
June 2011 part-session. This decision was based on Assembly Resolution
1792 (2011) on the monitoring of commitments concerning social rights
(paragraph 6.1). I was appointed rapporteur by the committee on
22 March 2011.
2. The Assembly has always stressed that member states should
take specific measures towards the consolidation and development
of social rights in Europe and towards improving access to those
rights, in particular for those who are at risk of exclusion. The
existing Council of Europe standards in the field of social rights
have been recognised by the member states and must be acted upon
to ensure that social rights become a reality for all citizens.
3. This report aims to draw the Assembly’s attention to the measures
that can and should be taken by the parliaments of member states
to ensure progress in the implementation of standards for social
rights: through the ratification of relevant treaties (such as Council
of Europe and United Nations conventions), ensuring that all relevant
international standards are taken into account when drafting new
or revising existing legislation, through oversight functions such
as the parliamentary scrutiny of public policies and budget allocation,
and – last but not least – through interparliamentary co-operation.
2 The role of parliaments in the consolidation
of social rights in Europe
2.1 The effectiveness of parliaments
4. Parliaments, in the exercise of their main functions
– namely policymaking, legislation, constituency representation
and oversight of the executive – can act to make a difference in
the consolidation of social rights.
5. Parliaments have a major role to play in ensuring that minimum
standards in the field of social rights are not only recognised,
but also applied and monitored at national level. I am convinced
that parliaments can increase their effectiveness in helping to
meet the needs of the people and securing their access to social
rights if they increase their general effectiveness as parliaments.
For us to be able to ensure transparency and accountability in the
social field, we must ensure that our parliaments adopt these principles
as standards in their daily functioning.
NoteNote
6. Parliaments must therefore be open, transparent and accountable
to the public in their legislative and policymaking functions. The
free flow of information from parliament to its members and the
public, as well as avenues for effective public participation are
fundamental to a truly democratic parliament. The information flow should
also meet the needs of all people and be available and accessible
to all, including, for example, people with disabilities.
Note
2.2 Legislative functions – recognition of standards
in the field of social rights
7. Legislation and policymaking are the primary responsibilities
of a parliament as the elected body representing the people.
8. Human rights, including social rights, are protected by law,
as reflected in national legislation or in international treaties
to which the country is party. As stressed in Assembly Resolution
1792 (2011) on the monitoring of commitments concerning social rights,
the Assembly will “promote, within the Council of Europe and among
its external partners, a broad-based approach to social rights as
an integral, indivisible part of human rights”.
Note The same message was
further supported by Assembly Resolution 1800 (2011) on combating poverty.
This also means that social rights must be adequately reflected
in the national legal systems enabling their protection through
a court of law.
9. Parliaments should be involved in the drafting of international
treaties (later entered into by their governments) from the start
and at all stages of the negotiations – it is, for example, advisable
to include parliamentarians in the national delegations representing
a specific member state in negotiations.
Note Certain conventions
may not be ratified as initially expected simply because parliaments
are asked to ratify agreements
ex post
facto, after they have been signed by the government.
Ensuring parliaments’ involvement in treaty negotiations in the
early stages is therefore essential.
2.3 Implementation of recognised standards and establishment
of relevant monitoring mechanisms
10. Parliaments should monitor the implementation of
treaties to ensure that the obligations entered into at international
level are being honoured. At national level, progress in the implementation
of social rights can also be monitored through contacts with citizens’
groups, non-governmental organisations (NGOs) and constituents,
who may share their concerns and their wishes with members of parliament,
as well as through regular reports from governments, and the parliamentary
scrutiny of budgets and government policies.
11. The full implementation of social rights depends on the adequate
representation of the interests of all members of society, in particular
of those who are at risk of exclusion. This message is underlined
in the latest human rights treaties, such as the United Nations
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), the United Nations Convention on the Rights of the
Child (CRC) and the United Nations Convention on the Rights of People
with Disabilities (CRPD). Implementation of social rights often requires
that member states establish relevant monitoring mechanisms at national
level. The creation of ombudspersons institutions, training of law-making
and law-enforcement staff, and creation of “one-stop-shop” services
to address the needs of one group of the population, such as the
needs of people with disabilities, are some examples of measures
which can and should be taken.
12. The political monitoring of the implementation of international
treaties is of utmost importance, including at international level.
The Assembly’s scrutiny of the implementation of the Council of
Europe’s conventional instruments is essential to their successful
implementation. I therefore welcome the recent Assembly decision to “undertake
political monitoring of the implementation of the revised European
Social Charter and of social rights, fully taking into account gender
mainstreaming, in close collaboration with the European Committee
of Social Rights and other international and European organisations,
in particular the International Labour Organization and European
Union organs”.
Note
13. With regard to the revised European Social Charter, the Assembly
has also decided to “promote, with the Committee of Ministers and
other relevant Council of Europe bodies, a revision of the collective
complaints procedure according to the Additional Protocol of 1995
to the Social Charter, which would allow for third party interventions,
including by the Assembly, and envisage intervening in such a capacity
where appropriate”.
Note The Assembly should also closely
follow the decisions of the European Committee for Social Rights
and other relevant Council of Europe committees, as they have a
direct repercussion on the legal framework for the implementation
of social rights in Europe.
2.4 Parliamentary scrutiny – a mechanism to ensure
effective implementation of standards
14. One of the core functions of parliament is to provide
a continuous check on the activities of the executive. Oversight,
or scrutiny, may take place in the form of periodic questions to
the government in parliamentary sessions or investigations undertaken
by parliamentary commissions or votes of confidence/no confidence. Parliamentary
procedures, in turn, should be transparent and allow for public
scrutiny. Finally, governments should be required to announce publicly,
within a defined time period, their responses to investigations
by parliamentary committees.
15. One might ask – how often do our parliaments conduct oversight
procedures with regard to the implementation of social rights? How
is this done? Do they oversee the implementation of international obligations?
What are the other means that we, as parliamentarians, have and
can act upon to ensure that governments implement the international
treaties on social rights they are bound to? Are the parliaments informed
by their respective governments about developments in interinstitutional
decision-making? Do they, for instance, monitor the European Union
financial programmes? How are they involved in the priority setting for
the respective funds, in particular the European Social Fund? Do
they monitor the allocation of funds at the national level? There
are many questions that need to be addressed.
16. The scrutiny of public policies and the allocation of budgets
should be conducted regularly, and at all levels – from the national
to the European level. Accountable and effective management of public
financial resources constitutes one of the most fundamental responsibilities
of governments. Scrutinising these is one of the most important
mandates of parliaments. Current European programmes, such as the
European Union Social Platform, the European Union Platform against
Poverty and Social Exclusion, and the European Union Programme for
Employment and Social Solidarity, which touch upon social, health
and family affairs, need appropriate parliamentary oversight.
17. International institutions should also be subjected to parliamentary
scrutiny. In its Resolution 1289 (2002) and
Recommendation 1567 (2002) on parliamentary
scrutiny of international institutions, the Assembly stressed the
imbalance between the increasing power of international institutions
and the absence of democratic scrutiny of their activities, which
constitutes a major challenge for democracy. Parliamentary scrutiny
of the work of international institutions must begin at national
level. Consequently, the Assembly calls on the parliaments of member
states to exercise their powers to the full in this sphere, and
in particular to hold regular debates on the activities of international
institutions based on reports submitted by their government, to
make use for this purpose of budgetary procedures and other means
at their disposal, and to propose to the governments that they include
parliamentarians in national delegations participating in meetings
of international institutions.
3 The role of parliaments in the development of
social rights in Europe
3.1 In general
18. Parliaments have an important role to play in the
development of social rights. Social progress can only be achieved
if member states continually improve their understanding and application
of human rights standards (including social rights), ensuring effective
access to rights for all.
19. Parliaments should be involved in the process of defining
their country’s positions at international level with regard to
policy decisions that affect social rights.
20. Another issue that I would like to raise is the dangerous
trend of “opting out” embedded in some international agreements,
through declarations on applicability or through the choice of articles
by which the country agrees to be bound in the “à la carte” conventions.
NoteNote To
cite an example, Article 30 on the right to protection against poverty
and exclusion has only been accepted by 15 States Parties to the
revised European Social Charter.
21. The advantage of “à la carte” conventions is clear – the early
signature represents a political commitment, enables gradual implementation
and gives countries the possibility to advance at their own pace, some
choosing to advance faster when the political context is more favourable.
The disadvantage, however, is that we leave important human rights
treaties at the mercy of future political or economic instability
and keep important societal developments at the level of populist
declarations. This is a dangerous trend, as we run the risk of taking
the wrong decisions, decisions that do not respect the principles
and values of Europe – democracy, human rights and the rule of law.
I would therefore draw the attention of the member states to the need
to ratify the social rights instruments without further delay, without
reservations, and agreeing to be bound by all provisions.
22. Finally, parliaments should ensure that social rights are
not only protected through collective bargaining instruments, but
that they also become legally enforceable by individual citizens.
The incorporation of social rights standards into national laws
is essential as there is no protection of individual rights unless
there is a mechanism to seek justice when these rights are infringed.
3.2 The right to health, including the right to a
healthy environment
3.2.1 The institutional setting for the realisation
of the right to health
23. The issues related to the right to health are addressed
by a great number of international organisations, including the
United Nations Committee on Economic, Social and Cultural Rights,
the United Nations Office of the High Commissioner for Human Rights,
the World Health Organization (WHO), the International Labour Organization
(ILO), the Council of Europe, and by a large number of civil society
organisations. The involvement of such a multitude of international
organisations in finding the optimal solutions to securing the right
to health is linked to the fact that the right to health is multidimensional
and its realisation depends on a great variety of factors, some
being the responsibility of governments, and others not.
24. Governments have agreed on a series of priorities. They have
made commitments, as part of the Millennium Development Goals (MDGs),
to reduce child mortality (MDG 4), to improve maternal health (MDG 5),
and to combat HIV/AIDS,
Note malaria
and other diseases (MDG 6). The executive branch and its administrative
offices are ultimately responsible for implementing national policies
in pursuit of MDG targets. However, the constitutionally defined
legislative, representative, and oversight responsibilities of the
parliament position it to play a critical role. Moreover, in most
countries, legislators are not only national political leaders and
participants in the policymaking process, but are also often public
opinion leaders.
Note This combination makes
their support for MDGs doubly powerful.
25. Parliaments play a dual role in this case: to oversee government
action with regard to meeting international obligations and to oversee
what is being done by the international organisations or what decisions are
taken at international level. It is important to understand that
international affairs – including agreements concluded at international
level – all start at home. Overseeing the work of international
organisations is particularly important when it comes to those international
organisations that do not have parliamentary oversight bodies. I
would suggest, for instance, reflecting on the possibility of introducing
parliamentary oversight of the work of the World Health Organization
to ensure that in Europe we rigorously follow the requirements of
a human-rights based approach to health care. The recent H1N1 crisis
has demonstrated the need for such parliamentary oversight.
Note
26. Regarding decisions taken at international level, one should
note the reforms affecting all Council of Europe sectors. The Assembly,
in its
Recommendation
1959 (2011) on preventive health care policies in the Council
of Europe member states called for effective measures to be put
in place. At the same time, however, the Committee of Ministers
decided to close down the European Committee on Health (as of 2012),
a Council of Europe intergovernmental committee that enabled policy
development and the exchange of best practices in this field. I
hope that this decision will be accompanied by other measures that
will allow continuing intergovernmental co-operation in the field
of health, in line with the principles and values of the Council
of Europe and, in particular, with regard to the implementation
of Article 11 on the right to the protection of health of the revised
European Social Charter.
27. Health-related issues can also be addressed in a transversal
manner, focusing on the needs of specific target groups and the
specific enabling factors that have an effect on health. Such transversal
action, however, requires appropriate co-ordination and a possibility
to involve all stakeholders. The Council of Europe has a series
of programmes addressing the needs of specific groups, which may
be at risk of exclusion and for which access to the right to health
is more difficult and, therefore, require specific action to be
taken by member states to ensure equal access for all. The work
currently carried out on the integration of people with disabilities,
on the inclusion of Roma people, on the protection of children and
women can all incorporate health-related aspects and ensure that
the specific needs of these groups are clearly defined and addressed
through targeted action.
28. Parliaments should review all the existing health-related
legislation within their countries to see to what extent it corresponds
to international human rights standards. Parliaments should also
demand that governments ensure full access to all relevant international
human rights instruments, and in particular to the texts of those
treaties to which the country is a party, in the national official
language(s) and in formats that are accessible to all. This would
include the “easy-to-read”
Note format
for people with intellectual impairments and audio or Braille versions
for visually impaired people.
29. I strongly believe that a new protocol on the right to health
to the revised European Social Charter should be drafted in order
to secure the right to health as a fundamental human right.
3.2.2 The scope of the right to health
30. As stressed by the United Nations Committee on Economic,
Social and Cultural Rights, the right to health is recognised in
numerous international instruments. The Constitution of the World
Health Organization
Note states
that “Health is a state of complete physical, mental and social
well-being and not merely the absence of disease or infirmity. The
enjoyment of the highest attainable standard of health is one of
the fundamental rights of every human being without distinction
of race, religion, political belief, economic or social condition”.
Note
31. The United Nations Human Rights Council, in its Resolution
15/22 on the Right of everyone to the enjoyment of the highest attainable
standard of physical and mental health
Note calls
on member states to take a series of specific measures, mentioning,
for instance, the need “to ensure that relevant legislation, regulations and
national and international policies take due account of the realization
of the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health” (2(
c)).
It also insists that countries “take steps, individually and through
international assistance and co-operation, especially economic and technical,
to the maximum of their available resources, with a view to achieving
progressively the full realization of the right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health” (2(
d)).
32. According to the World Health Organization, the right to health
is an inclusive right. We frequently associate the right to health
with access to health care.
Note Yet
it also includes a wide range of factors that can help us lead a
healthy life. The Committee on Economic, Social and Cultural Rights,
the body responsible for monitoring the International Covenant on
Economic, Social and Cultural Rights, calls these the “underlying determinants
of health”, namely safe drinking water and adequate sanitation,
safe food, adequate nutrition and housing, healthy working and environmental
conditions, health-related education and information, and gender equality.
Note
33. The right to health contains freedoms, including: the right
to be free from non-consensual medical treatment, such as medical
experiments and research or forced sterilisation, and to be free
from torture or other cruel, inhuman or degrading treatment or punishment.
The right to health also contains entitlements. These include the
right to a system of health protection providing equality of opportunity
for everyone to enjoy the highest attainable level of health; the
right to prevention, treatment and control of diseases; access to
essential medicines; maternity, child and reproductive health; equal
and timely access to basic health services; the provision of health-related
education and information; and participation of the population in
health-related decision-making at national and community levels.
Note Finally,
all services, goods and facilities must be available, accessible,
acceptable, of good quality, and, above all, provided without discrimination.
Note
34. The recent developments in the European Union, including the
entry into force of the Treaty of Lisbon – Treaty on the Functioning
of the European Union (TFUE) – and the fact the European Union Charter
for Fundamental Rights is accepted as part of the Treaty,
NoteNote and therefore, legally binding, will substantially influence
the developments with regard to the right to health in the European
Union.
Note
35. The right to health should be considered as a basic human
right.
NoteNote The
revised European Social Charter starts by stating, in Part I, that
parties accept as the aim of their policy, the attainment of conditions
in which a series of rights and principles may be effectively realised,
stressing,
inter alia, that
everyone has the right to benefit from any measures enabling him
or her to enjoy the highest possible standard of health attainable.
36. The revised European Social Charter also lists some specific
rights: “All workers have the right to safe and healthy working
conditions” (paragraph 3); “Children and young persons have the
right to special protection against the physical and moral hazards
to which they are exposed” (paragraph 7); “Employed women, in case of
maternity, have the right to special protection” (paragraph 8);
“Everyone has the right to benefit from any measures enabling to
enjoy the highest possible standard of health attainable” (see paragraph
11 and Article 11); “Anyone without adequate resources has the right
to social and medical assistance” (paragraph 13). In my opinion,
these articles bring to the forefront the specific protection with
regards to those who are employed, but, that should not mean that
the Social Charter is only protecting the rights of employees. Employment
should not be a limiting factor or a condition to the access to
the right to health.
37. I believe that the specific efforts for employees should not
preclude access to minimum standards for those who have no access
to employment or are not able to work. For example, the reference
to the fact that “employed women, in case of maternity, have the
right to special protection” (paragraph 8), should not preclude the
application of social protection measures to those women who are
not employed. The fact that work-related situations are being closely
monitored thanks to the revised European Social Charter is a great
achievement which shows that member states are capable of achieving
progress in advancing social rights. At the same time, the situation
of those who are not employed should not be disregarded, as the
word “everyone” is clearly referring to all members of society,
whatever their status.
38. We should take due account of the rulings of the European
Committee of Social Rights,
Note which
has interpreted
Note the scope of the
revised European Social Charter, and its Article 11 on the protection
of health.
Note As far
as the reference to the right to the highest possible standard of
health is concerned, the European Committee of Social Rights stressed
that, under Article 11, health means physical and mental well-being,
in accordance with the definition of health in the Constitution
of the WHO, which has been accepted by all Parties to the Charter.
Note
39. As far as the reference to the right of access to health care
is concerned, the European Committee of Social Rights stresses that
the health care system must be accessible to everyone. The right
of access to care requires that the cost of health care should be
borne, at least in part, by the community as a whole;
Note the cost of
health care must not represent an excessively heavy burden for the
individual. Steps must therefore be taken to reduce the financial
burden on patients from the most disadvantaged sections of the community.
Note
40. The Committee also referred to texts adopted by the Assembly.
For example, it took into consideration Assembly
Recommendation 1626 (2003)
on the reform of health care systems in Europe: reconciling equity, quality
and efficiency, which invites member states to take as their main
criterion for judging the success of health system reforms, effective
access to health care for all, without discrimination, as a basic
human right.
Note
41. The European Committee of Social Rights issued rulings also
with regard to the other two measures, mentioned in items 2 and
3 of Article 11, namely on the obligation to provide advisory and
educational facilities for the promotion of health and the encouragement
of individual responsibility in matters of health and on the obligation
to prevent, as far as possible, epidemic, endemic and other diseases,
as well as accidents. We should ensure that the decisions of the
European Committee of Social Rights are taken into account in our
work at national level.
NoteNote
42. Specific measures for the implementation of the right to health
should be taken with regard to those categories of population that
may be at risk of exclusion, with regard to some specific contexts,
such as, for instance the occupational health, as well as with regard
to specific enabling factors, such as the healthy environment.
3.2.2.1 Specific target groups – children, people with
disabilities, women, the elderly, people experiencing poverty
43. Member states should take specific measures to ensure
the right to health of children. Article 24 of the United Nations
Convention on the Rights of the Child
Note clearly
states that: “States Parties recognize the right of the child to
the enjoyment of the highest attainable standard of health and to
facilities for the treatment of illness and rehabilitation of health,
and that they shall strive to ensure that no child is deprived of
his or her right of access to such health care services”.
44. Member states also agreed to take specific measures to ensure
the right to health of people with disabilities. People with disabilities
NoteNote are
more likely to face social exclusion, including the inability to
access information. Article 25 on health of the United Nations Convention
on the Rights of Persons with Disabilities
Note states
that “States Parties
Note recognize
that persons with disabilities have the right to the enjoyment of
the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall take all appropriate
measures to ensure access for persons with disabilities to health
services that are gender-sensitive, including health-related rehabilitation”.
45. These requirements were reiterated by the United Nations Human
Rights Council in its Resolution 15/22. In addition, the Council
of Europe Disability Action Plan 2006-2015
Note calls
on member states to ensure that people with disabilities benefit
from advanced technologies and innovative health care to ensure
the best possible health (see Action line 9 on Health care) and
to improve the quality of their life. A major aspect being systematic
involvement of people with disabilities in all decisions that concern
their lives, the Action Plan recommends that people with disabilities
and their representatives should be consulted and fully involved
in the decision-making process regarding their personal care plan.
This approach places disabled people at the centre of the planning
process and service provision design and empowers the individuals
to make informed decisions about their health.
46. Member states should take specific measures to ensure non-discrimination
with regard to women's right to health. The United Nations Convention
Note on
the Elimination of All Forms of Discrimination against Women, in
its Article 12, stipulates that States Parties shall take all appropriate
measures to eliminate discrimination against women in the field
of health care in order to ensure access to health care services,
including those related to family planning. Moreover, states parties
shall ensure appropriate services in connection with pregnancy,
confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.
47. The revised European Social Charter is one of the very few
treaties securing the rights of elderly
people.
Note The
ageing of the population in Europe will necessitate specific measures
to secure the right to health. Article 23 of the revised European
Social Charter calls for the Parties to secure the right of elderly persons
to social protection, undertaking to “adopt or encourage ... appropriate
measures designed in particular to enable elderly persons to choose
their life‑style freely and to lead independent lives in their familiar surroundings
for as long as they wish and are able, by means of provision of
housing suited to their needs and their state of health or of adequate
support for adapting their housing and through the health care and
the services necessitated by their state”.
48. The Human Rights Council, in its Resolution 15/22, stresses
that states should pay special attention to the situation of the
poor and other vulnerable and marginalised groups, including by
the adoption of positive measures, in order to safeguard the full
realisation of the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health. Adequate protection of the
right to health for people in poverty or for those from minority
and migrant communities remains a serious challenge, however. We,
as parliamentarians, must ensure that member states take specific
actions to ensure that minimum standards, including primary health
care, are fully accessible to all, without discrimination.
3.2.2.2 The context
49. The right to health needs to be addressed in its
application to various life situations.
Note The application of the right to health
in a specific context, in particular in the context of occupational
health, such as described by the International Labour Organization
conventions requires that certain criteria are met to secure the
health of the people in a specific setting. Occupational safety
and health are guaranteed by a number of ILO conventions, namely
the Occupational Safety and Health Convention (No. 155, 1981) and
its Protocol of 2002, Occupational Health Services Convention (No.
161, 1985), the Promotional Framework for Occupational Safety and
Health Convention (No. 187, 2006), and conventions on the protection
against specific risks
Note or on health and
safety in particular branches of economic activity.
Note I
have to stress that, according to the ILO, each year 2.31 million
workers die due to work-related accidents and diseases with 358 000
work-related fatal accidents. Workers suffer approximately 337 million
occupational accidents each year.
Note
3.2.2.3 The enabling conditions
50. The right to health is influenced, first and foremost,
by the environment we live in. The right to a healthy environment
can be considered as an enabling factor to the right to health.
However, taking into consideration the direct impact on the existence
of all species, not only humans, the right to a healthy environment
enlarges the spectrum of rights. The right to a healthy environment
goes beyond the existing human rights to come close to the rights
of all living species on Earth.
NoteNote This
is the reason why I would like to consider the right to a healthy environment
in a distinct chapter.
51. The time has come for the Council of Europe to consolidate
the achievements and state clearly that health is a right of its
own and that policymakers need to be considering the implications
on the right to health of all decisions taken by public authorities
and also by private actors, including of private business. This
is an imperative, in particular, when it comes to the functioning
of multinational companies.
52. Scientific progress has brought a deeper understanding of
the implications of the developments in the field of medicine for
human rights and human dignity. Council of Europe member states
should acknowledge the fact that human rights are evolving and that
the laws and practices in our member states should duly reflect this,
ensuring in parallel the best possible protection of human rights,
and in this case, of social rights. Other Council of Europe conventional
instruments, including the Convention for the Protection of Human
Rights and Dignity of the Human Being with regard to the Application
of Biology and Medicine (ETS No. 164, "Oviedo Convention") and its
Protocols require transposition and application in our member states.
Member states should keep abreast of new developments. International
treaties must be ratified and implemented to ensure that scientific
progress is respectful of human rights and dignity.
3.2.3 The right to a healthy environment
53. Taking account of the complementarity with the European
Convention on Human Rights and the growing link that States Parties
to the revised European Social Charter, and other international
bodies now make between the protection of health and a healthy environment,
the European Committee of Social Rights has interpreted Article
11 of the Charter (right to protection of health) as including the
right to a healthy environment.
Note
54. The European Committee of Social Rights mentions in its rulings
the damage to the environment in terms of air pollution, nuclear
hazards for communities living in the vicinity of nuclear power
plants, and the risks relating to asbestos. Under the Charter, overcoming
pollution is an objective that can only be achieved gradually. Nevertheless,
states must strive to attain this objective within a reasonable
time, by showing measurable progress and making best possible use
of the resources at their disposal.
Note The measures taken by states are
assessed with reference to their national legislation and regulations
and undertakings entered into with regard to the European Union
and the United Nations
Note and in terms
of how the relevant law is applied in practice.
55. The Committee stressed that, as far as air pollution is concerned,
the guarantee of a healthy environment requires that states develop
and regularly update sufficiently comprehensive environmental legislation
and regulations,
Note and take specific steps, such
as modifying equipment, introducing threshold values for emissions
and measuring air quality, to prevent air pollution at local level
Note and
to help to reduce it on a global scale.
56. I would like to mention one item that requires joint efforts
– the implementation of the Aarhus Convention. The Aarhus Convention
on Access to Information, Public Participation in Decision-making
and Access to Justice in Environmental Matters
Note came
into force on 30 October 2001. Open to accession by states throughout
the world, the convention has established new standards in environmental
democracy. It is unique among multilateral environmental agreements
in the extent to which it seeks to enable ordinary people, irrespective
of their citizenship, nationality or domicile, to have a say in
decisions that affect their environment. The Aarhus Convention grants
the public rights and imposes on parties and public authorities
obligations regarding access to information, public participation
and access to justice.
57. The Protocol to the Aarhus Convention, on Pollutant Release
and Transfer Registers, which entered into force in 2009, is expected
to exert a significant downward pressure on levels of pollution,
as no company will want to be identified as being among the biggest
polluters. I would strongly recommend that all Council of Europe
member states that have not yet signed and ratified
Note the Aarhus Convention and its Protocol,
including the Russian Federation, sign and ratify it as soon as
possible. Parliaments should also keep an eye on the implementation
of various environment programmes, including by scrutinising the
use of member states’ financial contributions aimed at environment
protection.
58. I would also recommend that the right to a healthy environment
be included in a new protocol to the revised European Social Charter
on the right to health.
4 The role of interparliamentary co-operation in
the consolidation and development of social rights
59. Countries are increasingly obliged to find joint
solutions to joint problems, and it is not only governments that
need to be involved, but also and especially the institutions that
give governments their mandate and derive their authority directly
from the people, namely parliaments.
Note Parliaments
play a central role in adjusting domestic law to international standards.
Legislators, as law-makers and representatives of the people, therefore
need to be more proficient in their knowledge and understanding
of human rights, including those relating to economic, social and
cultural rights. Appropriate training may be necessary. Parliaments,
in addition to their ratification of international obligations,
are also responsible for adopting the necessary implementing legislation
and adjusting national legislation to meet the minimum standards
laid out in the treaties.
60. The role of parliaments in developing public policy should
be strengthened. Parliaments should be encouraged to closely follow
the work of international organisations concerned with the implementation
of social rights, evaluating their work and inciting governments
to pursue certain lines of action. Parliamentary co-operation plays
an important role in the consolidation and development of social
rights. Parliaments ensure oversight of governmental action at home.
They can also ensure oversight at international level, and such scrutiny
can be made even more effective through interparliamentary co-operation.
4.1 The Parliamentary Assembly as a platform for promoting
social rights
61. In the last ten years, the Assembly has initiated
an important number of improvements for the lives of Europeans with
a view to securing their social rights. Many resolutions and recommendations
have been adopted on social, health and family affairs issues. The
regular debates in this Assembly have led to the adoption of specific
positions on issues that require urgent action by member states.
In the health field alone, to name but a few, these include:
Resolution 1247 (2001)
on female genital mutilation, Resolution 1460 (2005) and
Recommendation 1715 (2005)
on improving the response to mental health needs in Europe,
Recommendation 1785 (2007)
on the spread of the HIV/AIDS epidemic to women and girls in Europe,
Recommendation 1794 (2007)
on the quality of medicines in Europe,
Resolution 1576 (2007) for a European convention
on promoting public health policy in drug control,
Resolution 1608 (2008)
on child and teenage suicide in Europe: a serious public health
issue and, most recently,
Resolution
1749 (2010) and
Recommendation
1929 (2010) on the handling of the H1N1 pandemic: more
transparency needed.
62. Other landmark texts have been adopted and I am certain that
the important debates that we have had in this Assembly have substantially
contributed to the improvement of the quality of life and well-being
of our peoples. A lot has been achieved, but a lot still needs to
be done, as stressed most recently in
Resolution 1792 (2011) and
Recommendation 1958 (2011)
on the monitoring of commitments concerning social rights.
63. The Assembly should provide adequate follow-up to its resolutions
in the field of social, health and family affairs to ensure progress
in the consolidation of social rights. For example, taking into
account the forthcoming biennial debate in the Assembly on the state
of human and social rights in Europe and the recently adopted texts
on combating poverty, it has been decided to debate access to social
rights for people in poverty in 2013.
64. The current reform processes should reinforce the Assembly’s
capacity to deal with social rights issues and to find the best
possible solutions through democratic debate. The Assembly should
also enhance its capacity to scrutinise the social rights implementation
by member states. The Assembly should also be in a position to question
the decisions taken at international level if such decisions risk
having a negative impact on people's lives. I should also stress
that the participation of the Assembly at ministerial conferences
and other high-level events organised by the Council of Europe is
an essential element, even when we speak about the regional ministerial
conferences such as those organised with regard to the Black See
region, or South-East Europe.
4.2 The European Parliament
65. The European Parliament has been very active in the
development of European Union employment and social policy. Its
goal has been to combat unemployment, improve working conditions,
improve living conditions for the poor and socially excluded, the
elderly, children, people with disabilities, and migrant workers,
and to ensure equal opportunities for women and men. The European
Parliament supported a series of European Commission proposals and
called for a more active Community policy in the social area to
counter the increasing number of Community regulatory instruments
in the economic area. It also strongly supported the concept of
a European social dimension.
66. The Lisbon Treaty has strengthened the commitment of the European
Union to social progress and to social rights. However, the fact
remains that social policy is a competence which is shared between
the European Union and its member states and that the former has
only a small share of that competence – that is, on the aspects
defined in the Treaty on the Functioning of the European Union (Article
4(2)(a)). However, social policy remains essentially within the
competences of the member states.
Note Hence, it is very important that
relevant actions are taken at national level by member states’ parliaments
Note to oversee the implementation of
policies that have an impact on social rights.
67. The European Parliament can exert some influence with regard
to the development of the Lisbon Strategy by using its budgetary
powers effectively to achieve adequate financial resources for the
European Union to implement policies related to the Lisbon Strategy.
In this spirit, the European Parliament gave a clear message for
the 2008 budget. Cuts applied by the Council in the budget for competitiveness
for growth and jobs and a reduction of payments for cohesion were
not supported by the European Parliament. The latter's strategy
was underpinned by the idea of a "budget for results": the allocation
of financial resources must follow political priorities. The insufficient
funding for competitiveness programmes was already flagged up by
the European Parliament in the context of the Financial Perspective
talks when the adequate funding of Lisbon goals was high on its
agenda.
Note
4.3 The Nordic Council
68. The Nordic Council was established in 1952. The Council
has 87 elected members from Denmark, Finland, Iceland, Norway and
Sweden, as well as from the three autonomous territories: the Faroe
Islands, Greenland and the Ǻland Islands. The members of the Council
are nominated by the party groups. My country, Sweden, takes an
active part in the work of the Nordic Council on the implementation
of social rights.
69. In 2010, the Nordic Council Welfare Committee selected "Good
health and good quality of life for the elderly" as their primary
theme, covering aspects such as housing, care and treatment, welfare
technology, mental health, dementia and support to the family. The
Committee visited a number of government agencies and housing facilities
for the elderly in order to form an opinion of how to work with
these issues on a practical level. Meetings were held with relevant
ministers and experts in the Norwegian municipalities of Trondheim
and Bergen. On the basis of the information obtained, the Committee
took a decision to focus on three primary theme areas: research,
preventive activities and practical initiatives.
70. The Welfare Committee consequently appointed a Working Group
with the task of reviewing the Committee's report and establishing
a final proposal for the session of the Nordic Council in Reykjavik.
It was thus recommended that the Nordic Council of Ministers strengthen
various types of research in order to ensure that political decisions
regarding the care of the elderly are knowledge based, develop welfare
technology at Nordic level, as well as establish, according to the
Danish model, outreach activities at municipal level for people
over the age of 75 in order to map the needs they may have.
Note
71. In 2011, the Welfare Committee chose to look more closely
at the issue of large-scale housing areas in the Nordic countries
that experience major social problems, and how to reduce segregation
and social exclusion. The Committee will focus on how these housing
areas are established, who is responsible for the neighbourhood
environment, how people who live in these problem areas are feeling,
both physically and mentally. During the year, the Committee will
meet municipal politicians, social workers, police and other stakeholders
in order to obtain as comprehensive a picture as possible of these
issues. The Committee will also continue to work on other relevant
issues in the social and health fields, on youth unemployment in
the Nordic countries, and on psychiatric care for children and young
people in the Nordic countries and the mental health of the elderly.
4.4 The Conference of Community and European Affairs
Committees of Parliaments of the European Union
72. The practice of parliamentary scrutiny of public
policies has been further developed through the Conference of Community
and European Affairs Committees of Parliaments of the European Union (COSAC).
Note The XXIX COSAC, meeting in Rome
in October 2003, decided to use the biannual reporting practice
to give an overview of the developments in procedures in the European
Union that are relevant to parliamentary scrutiny. Most national
parliaments concentrate their scrutiny efforts at national level
(namely controlling their governments), irrespective of the scrutiny
model they follow. Decisions on the spending of European funds require
agreement at three levels, requiring scrutiny of three different
forms of legislation: the multi-annual financial framework, the
individual spending programmes
Note and
the annual budget.
Note The
three-tier scrutiny gives a broader and deeper insight into the
structure of European Union financial programmes.
Note
73. As the focus of this report will be on the implementation
of social rights, I would like to concentrate on the European Union
Programme for Employment and Social Solidarity – PROGRESS
Note –
established by the European Union for the period 2007-2013 to support
financially the implementation of the objectives of the European
Union in employment, social affairs and equal opportunities, as
set out in the Social Agenda
Note,
and to contribute to the achievement of the EU Lisbon Growth and
Jobs Strategy. PROGRESS
Note was amongst the most frequently scrutinised
programmes for the 2007-2013 programming period. The most active
parliaments in this respect were the Danish
Folketing,
the Finnish
Eduskunta and
both Houses of the United Kingdom Parliament, where systematic scrutiny
of all major spending programmes took place.
Note
74. Taking into consideration the opportunities to exchange best
practices offered by the COSAC, however, I would suggest also establishing
co-operation between COSAC and the Parliamentary Assembly of the Council
of Europe, in particular in areas of interest to the Assembly. I
would invite colleagues to consider the possibility of strengthening
co-operation within their national parliaments, namely between their
Committees on European Affairs with the members of the Parliamentary
Assembly, if such co-operation is not already in place. It should
be made clear that European affairs start at home.
4.5 The Inter-Parliamentary Union
75. Speaking before the United Nations Human Rights Council
in March 2011, the Inter-Parliamentary Union Secretary General,
Mr Anders Johnsson, stressed the need for parliaments to participate
in the Universal Periodic Review (UPR), established by the United
Nations in 2006. It is a unique process which involves a review
of the human rights records of all 192 United Nations member states
once every four years. He stressed that parliaments' mandate to
legislate and ensure executive accountability was of the utmost
importance to the work of the United Nations Human Rights Council.
Without parliamentary legislation and scrutiny, few of the recommendations
that emerged from the UPR process would be implemented.
76. In its most recent resolution on co-operation between the
United Nations, national parliaments and the IPU, the General Assembly
encourages the IPU to strengthen its contribution to the Human Rights
Council, "particularly as it relates to the universal periodic review
of the fulfilment of human rights obligations and commitments by
Member States". Experience shows that once parliaments are informed,
they are keen to contribute.
4.6 The Parliamentary Network on the World Bank
77. The Parliamentary Network on the World Bank (PNoWB)
Note was
founded in 2000. It is an independent, non-governmental organisation
that provides a platform for parliamentarians from over 110 countries
in the South and the North to advocate for increased accountability
and transparency in World Bank-funded development programs.
78. The Network commented on the International Finance Corporation
(IFC) Consultation on the IFC Sustainability Policy and Performance
Standards and Disclosure Policy
Note in February 2011. The PNoWB refers to
the IFC proposal to strengthen guidelines for client stakeholder
engagement, especially with affected communities, and the IFC plans
to “disclose more project-level environmental, social, and development
impact information during all stages of the project, in accordance
with the IFC’s approach to project categorisation”. PNoWB “applauds
these initiatives but wants to ensure that Parliamentarians in particular
will play an important part in the client stakeholder consultations
during all stages of the project development and implementation. Traditionally,
consultations include representatives from academia, the private
sector, non-governmental and civil society organisations. Considering
the role of parliamentarians as the direct representatives of populations affected
by IFC-funded projects, PNoWB considers that it is crucial for the
IFC to establish a permanent mechanism for parliamentary consultation".
5 Conclusions and recommendations
79. All Council of Europe member states should strive
towards improving people's quality of life through an enhanced access
to social rights. Parliaments have a major role to play in ensuring
that governments take all measures necessary to achieve these aims.
The technical authority and capacity of a parliament vary tremendously
from country to country. Despite this diversity, all legislative
bodies are assigned three main responsibilities:
- Legislation: In
addition to the act of approving new laws or resolutions, the legislative
function includes the introduction of new laws, debate, review and/or
amendment of legislation proposed by the executive, and review and
passage of the national budget, as well as ratification of international
treaties (in most countries).
- Representation: As
the directly elected representatives of a geographic constituency,
parliaments are also responsible for ensuring that the needs and
concerns of a specific portion of the population are included in
the policymaking process. Consequently, activities that fall under
the representation function range from direct communication with
citizens to the incorporation of local issues into national policy debates
or legislation.
- Oversight: Parliaments
are also intended to serve as built-in mechanisms to monitor and
evaluate executive implementation of national policy. In this capacity,
national or regional assemblies seek out information on the prioritisation
of specific policies or issues, the allocation and use of funds,
and the effectiveness of specific initiatives. To do this, parliaments
rely on mechanisms such as committee investigations, requests for
regular briefings or testimony from ministerial representatives,
and public hearings to gather information from non-government sources
on a specific issue.
80. Although easy to separate conceptually, these responsibilities
are substantially intertwined in practice. All these parliamentary
functions, therefore, have to be fully used in order to consolidate
and develop social rights in the member states. Parliaments must
ensure that all international social rights standards are taken into
account when treaties are drafted and entered into, when new legislation
is prepared or when existing laws are revised at national level.
This report provides recommendations for action to be taken by parliaments.
I therefore invite all Council of Europe member states to take action
without further delay.
