Appendix – Draft European Convention
on Social and Economic Rights
The Governments signatory hereto, being members
of the Council of Europe,
Considering that.........,
Have agreed as follows:
PREAMBLE
Principles and objectives of Social Policy
The object of this Convention, or Social Charter, is to promote
a progressive improvement in the well-being of the nationals of
the High Contracting Parties by a continuous raising of living standards
and by the equitable sharing of resources and burdens, in order
to ensure the dignity of man affirmed in the European Convention of
Human Rights.
To this end the High Contracting Parties hereby proclaim their
determination to pursue the following objectives of social policy.
1. Realising that the standard
of living depends primarily on economic conditions, the High Contracting Parties
will endeavour to promote the steady expansion of production and
trade among themselves, full employment, the fair distribution of
resources and sharing of burdens, and the stability of their economies.
2. The High Contracting Parties regard economic policy not as
an end in itself but as a means of attaining social objectives,
which in turn reflect the moral and spiritual values inherent in
the common heritage of the European peoples.
3. In carrying out their economic and social policy, the Governments
will adopt no measures incompatible with human dignity and the integrity
of the family. The supreme aim of their social policy will be to
develop the human personality and to allow the individual the opportunity
of exercising his natural gifts to the full.
4. The High Contracting Parties recognise that the family is
of basic social and moral importance to society. They consider one
of their aims and responsibilities to be to create or maintain such
conditions as will protect the family and facilitate the discharge
of family responsibilities. They will endeavour to take all appropriate measures
to assist the individual and the family to adjust themselves to
modern social and economic conditions.
5. The High Contracting Parties, whilst encouraging the fullest
discharge of individual and family obligations towards children,
accept the responsibility of taking measures to protect the health
and welfare and ensure the education of all children and young persons
regardless of family circumstances. They recognise that motherhood
should be protected whether the mother is legally; married or not.
6. The first essential is to ensure the exercise of the right
to work. The maintenance of full employment in all European countries
must be the constant preoccupation of the High Contracting Parties.
7. Nevertheless, work is not an end in itself. The High Contracting
Parties recognise it as one of the conditions for the development
of the human personality that workers should have a share in the
fruits of their labours, particularly by participation in the management
and the profits of the undertaking by which they are employed.
8. The High Contracting Parties regard it as a duty deriving
from the most elementary principles of human solidarity that they
should organise assistance for the less favoured sections of their
populations.
9. The High Contracting Parties are opposed to all forms of discrimination
on grounds of sex, race, colour, language, religion, property, nationality,
national or social origin, or political or other opinions.
10. The High Contracting Parties will endeavour to ensure that
the full benefits of the measures set out in this Convention ace
extended to all groups and sectors of the population.
11. The High Contracting Parties consider themselves collectively
responsible for the economic expansion of their metropolitan underdeveloped
areas, and bound to develop them by all means within their power.
12. They will not derive profit from exploitation of the living
conditions of the peoples politically or economically dependent
on them. They recognise that they are responsible for the economic
and social development of territories under their jurisdiction,
in collaboration with the local populations and, where appropriate,
with qualified international organisations.
13. The High Contracting Parties regard it as an embodiment of
the principles of democracy that appropriate institutions should
be created to enable employers', workers' and consumers' organisations
to participate in the formulation of economic policy at all stages
and in all sectors.
14. The High Contracting Parties recognise that the effective
enjoyment by all of the benefits set our in this Convention depends
not only on the action of the public authorities in ensuring the
rights of individuals, but also on the action of individuals in
discharging their duties towards other-individuals and to the community
in which they live.
15. The High Contracting Parties recognise that the welfare and
prosperity of each of them depend on the welfare and prosperity
of them all. Although the planning and implementation of social
policy are essentially the concern of national, regional or local
authorities, they consider that its full achievement depends, and
will increasingly depend, on closer co-operation between them, so
that social and economic rights may be ensured at a European as
well as at the national level. For this purpose, they will endeavour,
by means of joint consultation, to harmonise by stages their economic
policies and their social legislation and practice, and to make
the social and economic rights set forth in this Convention applicable
in the territory of each for the nationals of all.
It shall be the aim of the High Contracting Parties to establish
European standards of social welfare superior to those applied on
a wider international basis.
PART I – Economic and Social Rights
Article 1
The High Contracting Parties recognise the following rights
and undertake to take action, both jointly and severally, to ensure
progressively the full exercise of these rights, in particular by
adopting or promoting the measures defined in connection with each
of these rights:
A. The right to work
1. With a view to ensuring the
exercise of this right, the High Contracting Parties
a recognise that
everyone should have an opportunity to earn his living in a freely
accepted occupation;
b accept as one of
their primary aims and responsibilities the achievement and maintenance
of a high and stable level of productive employment through the
pursuance of policies which will ensure adequate opportunities for
work, such as, for example, the fixing of national employment targets,
the preparation of national manpower budgets, and the establishment
of long-term development programmes, including the planning of public
works, which may be adapted to the changing employment situation;
c undertake to:
i establish
or maintain the freedom from any restrictions on the right to work,
with the exception of those imposed by the need to assure the technical
qualifications required in certain professions and those aiming
solely at the protection of children, adolescents and women against
the risks inherent in certain prescribed occupations;
ii protect effectively the right of the wage-earner freely
to choose any available occupation;
iii establish or maintain both general and specialised free
employment services;
iv promote vocational guidance, training, and rehabilitation.
B. The right to fair and stable conditions
of work
1. With a view to ensuring the
exercise of this right, the High Contracting Parties undertake to
secure for every worker, insofar as these measures are not put into
effect by means of collective agreements or in any other way:
a safe and healthy working conditions,
defined by laws or regulations and guaranteed by effective labour inspection;
b protection against arbitrary dismissal, as also prohibition
of dismissal on account of maternity, military service, and similar
circumstances;
c reasonable notice of dismissal;
d the establishment of a minimum wage-fixing machinery in
all fields not covered by regulations or collective agreements;
e equal pay for equal work,
f a reasonable working week, to be progressively reduced
to a 40-hour week, subject to essential adjustments for certain
professions, with special rates for over-time;
g a minimum of two weeks annual holiday with pay and guaranteed
weekly rest periods;
h the possibility of retirement at the age of 65, at the
latest, with a pension ensuring a reasonable standard of living.
2. The High Contracting Parties undertake to
ensure the strict implementation of measures taken in pursuance
of paragraph 1 above, in particular by the introduction of joint
labour inspectorates and tribunals.
C. The right of children, adolescents
and women to special measures of protection in their employment
1. With a view to ensuring the
exercise of this right, the High Contracting Parties
undertake to take all necessary
steps, insofar as these measures are not put into effect by means
of collective agreements or in any other way, so that
a the employment of child labour
of under 14 years of age, and the employment of adolescents and
women in work which is physically or morally injurious shall be
punishable by law;
b persons of under 16 years of age who are still subject
to compulsory education may be employed only in such work as will
not deprive them of their education;
c the working day of persons under 16 years of age shall
be in accordance with the needs of their development and particularly
with their need for vocational training;
d adolescents shall be entitled to not less than three weeks'
annual holiday with pay;
e expectant mothers shall be granted leave with pay before
and after childbirth up to a total of at least 12 weeks.
2. The High Contracting Parties undertake to ensure the strict
implementation of measures taken in pursuance of paragraph 1 above,
in particular by the introduction of joint labour inspectorates.
D. The right of workers to be consulted
on the management of the enterprise by which they are employed
With a view to ensuring the exercise of this right, the High
Contracting Parties undertake to establish or maintain organs of
joint management and/ or to take other measures enabling workers
to share in the life and general management of the enterprise by
which they are employed, insofar as these measures are not put into effect
by means of collective agreements or in any other way.
E. The right to strike
The High Contracting Parties recognise the right to strike.
They undertake to encourage
the use of agreed machinery for the settlement of labour disputes.
F. The right to form and join trade unions
With a view to ensuring the exercise of this right, the High
Contracting Parties undertake to
grant workers every opportunity to form local, national or international
trade unions and to join trade unions of their choise, for the protection
of their economic and social interests, subject only to the limitations
set out in paragraph 2 of Article 11 of the European Convention
for the Protection of Human Rights and Fundamental Freedoms (2).
G. The right to a proper standard of living
With a view to ensuring or promoting the exercise of this
right, the High Contracting Parties undertake to:
a promote the conditions in which
adequate supplies of basic necessities will be made available at
prices within the reach of all;
b promote a policy of town planning and rural habitation
such as will provide adequate numbers of moderately priced dwellings
complying with satisfactory standards of comfort and hygiene.
c protect small savings.
H. The right to Social Security
With a view to ensuring the exercise of this right, the High
Contracting Parties:
1 undertake to raise their social
security to a satisfactory level, basing themselves on the standards
laid down in the European Code of Social Security for the following
types of services: medical care, benefits relating to sickness,
unemployment, old age, employment injury and disease resulting from
employment, family benefits, maternity benefits, invalidity benefits
and survivors' benefits.
2 recognise the principle
whereby social security and social and medical assistance shall
be made available on the territory of each Party to the nationals
of the other Parties, as provided in the European Interim Agreements
on Social Security and the European Convention on Social and Medical
Assistance;
3 will take steps for the adjustment of social security
benefits to meet any currency depreciation.
I. The right to a high standard of health
With a view to ensuring the exercise of this right, the High
Contracting Parties will take all appropriate measures,
directly or in co-operation with local authorities and competent
private organisations
a to ensure
the reduction of infant mortality and provision for the healthy
physical, mental and moral development of the child;
b to improve nutrition, housing, sanitation, health education,
recreation and other environmental health factors;
c to prevent epidemic, endemic and other diseases;
d to organise services and facilities so that all may be
assured of effective medical attention in the event of sickness.
J. The right of the family to social and
economic protection
With a view to ensuring the exercise of this (these) right(s)
the High Contracting Parties undertake,
directly or in co-operation with local authorities and competent
private organisations, to
a foster
and protect the family as a fundamental unit of society;
b make available or encourage the provision of the following
facilities and advantages:
i the
grant of allowances based on the number of children;
ii cheap loans for the founding of homes;
iii preferential allocation of housing to families and persons
wishing to marry, and rent reductions for low-income families with
many children;
iv allowances to families whose breadwinners are subject
to military service;
v tax reductions related to the size of the family;
vi organisation of home help services.
K. The right of mothers and children to
social and economic protection
With a view to ensuring the exercise of this right, the High
Contracting Parties undertake,
directly or in co-operation with local authorities and competent
private organisations
a for the
protection of mothers:
i to provide
the necessary economic and other assistance during a reasonable
period before and after childbirth, in all cases not covered by
social security or otherwise;
ii to provide directly or in collaboration with appropriate
voluntary organisations a sufficient number of maternal and infant
welfare centres;
iii to extend particular protection to widows supporting children.
b for the protection of children:
i to establish or maintain specialised organs with powers
to prevent the neglect of children;
ii to ensure that every minor is provided with a guardian
and that guardianship is regulated by law;
iii to provide special services for homeless children and
young persons who are physically or mentally handicapped, and for
juvenile delinquents.
L. The right to social and cultural aid
and guidance
With a view to ensuring the exercise of this right, the High
Contracting Parties undertake to:
a promote or maintain, directly or
in collaboration with local authorities and appropriate voluntary organisations,
social welfare services for aid and guidance to the individual in
industrialised society;
b secure the provision of free legal advice and assistance
to those who need it.
M. The right to education
With a view to ensuring the exercise of this right, the High
Contracting Parties
1 undertake to make primary education
compulsory and free;
2 will introduce measures
a to
make facilities for secondary education in its different forms,
including technical and professional training, available to everyone
at least up to the age of 18 years and to make it increasingly free;
b to ensure a basic education for those persons who have
not received or have not completed their primary education;
c to make university and other higher education accessible
to all.
3 will respect the right of parents to ensure such education
and teaching in conformity with their own religious and philosophical
convictions.
PART II – A European Commissioner and
Chamber
Article 2
A European Commissioner for Social Affairs shall be appointed
and a European Social Chamber set up within the framework of the
Council of Europe.
Article 3
a The Commissioner shall
be responsible for promoting the fulfilment of the social policy
of the Council of Europe and, in particular, the implementation
of the European Convention on Social and Economic Rights.
b The Commissioner shall be nominated by the Consultative
Assembly and appointed by the Committee of Ministers.
c The Commissioner shall be appointed for a period of three
years.
Article 4
a The Commissioner may deal
with any question falling within his competence.
b The Commissioner shall receive from the High Contracting
Parties any necessary assistance relating to questions falling within
his competence.
Article 5
a The Commissioner may submit
to the Consultative Assembly draft recommendations.
b He shall be entitled to address the Consultative Assembly
at his own request.
c He shall give the Consultative Assembly an account of
his activities whenever the Assembly so desires.
Article 6
a The Chamber shall be responsible,
acting in a consultative capacity, for promoting the fulfilment
of the social policy of the Council of Europe and, in particular,
the implementation of the present Convention on Social and Economic
Rights.
b It shall consist of 60 members, one third representing
the employers, one-third the workers and one third the other sectors
of the community.
c It shall be convened by the Consultative Assembly at least
once a year and may also meet whenever convened by its President.
Article 7
The Chamber shall be a deliberative body at the disposal of
the Consultative Assembly.
Article 8
a The Consultative Assembly
may request the opinion of the Chamber on any question within the competence
of the Chamber, in particular concerning draft recommendations submitted
to the Assembly by the Commissioner.
b The Chamber shall reply to these requests by opinions
adopted by simple majority.
Article 9
a The Chamber may on its
own initiative adopt resolutions to the Consultative Assembly drawing
attention to the political, social, economic and cultural implications
of questions within its competence.
b Acting by absolute majority, it may also submit for adoption
by the Consultative Assembly draft recommendations to the Committee
of Ministers.
Article 10
The 20 seats allotted to each category shall be allocated
according to nationality as follows:
- Iceland, Luxembourg, the SaarNote, Austria, Belgium,
Denmark, Greece, Ireland, Norway, the Netherlands, Sweden, Turkey:
1 seat
- France, the Federal Republic of Germany, Italy, the United
Kingdom: 2 seats
Article 11
a The representatives of
the employers and workers respectively shall be appointed by their
respective Governments, in accordance with the procedure laid down
by the latter, from lists submitted to them by the appropriate national
employers' and workers' organisations. The number of candidates
shown on these lists shall be twice that of the number of representatives
to be appointed.
b The representatives of the other sectors of the community
shall be appointed by their respective Governments in accordance
with procedure laid down by the latter. They shall be chosen from
among governmental experts, representatives of consumers, independent
economic activities and social and cultural activities.
c The members of the Chamber shall be appointed every three
years.
d The members of the Chamber shall not be bound by any mandate
or instruction.
Article 12
a The Commissioner shall
be assisted by the Secretariat-General of the Council of Europe.
b The Chamber shall be assisted by the Office of the Clerk
of the Consultative Assembly.
c Expenditure relating to the Commissioner and to the Chamber
shall be borne by the Council of Europe.
PART III – Implementation of the Convention
Article 13
a The High Contracting Parties
agree to she establishment of a programme designed to ensure the implementation
of the Convention by stages.
b This programme shall be drawn up by the European Commissioner
for Social Affairs and decided on by the Committee of Ministers
of the Council of Europe after the opinion of the Consultative Assembly
has been obtained.
Article 14
The High Contracting Parties undertake to submit to the Commissioner
and the Consultative Assembly annual reports concerning the progress
made in the execution of the programme referred to in the preceding
Article.
These reports shall also indicate any difficulties or other
factors which may have prevented the States concerned from carrying
out their obligations.
They may, where appropriate, reproduce in full or in part
the reports which the High Contracting Parties have previously submitted
to the International Labour Organisation on the same points.
Article 15
Bearing in mind the reports referred to in Article 14, the
Commissioner may make recommendations to the Committee of Ministers
and, if necessary, intended for a Government directly concerned,
in order to secure from that Government the fulfilment of its obligations
under the Convention.
Article 16
The Commissioner shall periodically submit to the Consultative
Assembly a full report on the progress made in implementing this
Convention.
Article 17
a The Commissioner may deal
with any question connected with the observance of the rights and
the fulfilment of the obligations recognised in the Convention,
except
i where this question is
the subject of a complaint before the International Labour Office,
when the procedure provided for in Articles 24 and 26 of the Constitution
of the International Labour Organisation is applicable.
ii in cases governed by the provisions put into force by
the I.L.O. concerning the freedom of trade unions.
b The Commissioner may invite the Government or Governments
directly concerned to submit such comments as may be thought necessary.
Article 18
Agreements shall be concluded by the Council of Europe with
Europe an and international organisations competent in economic,
social and cultural matters, in particular the I.L.O. and O.E.E.C.,
to ensure close co-operation with these organisations in the implementation
of the present Convention.
PART IV – Final Provisions
Article 19
Nothing in this Convention shall limit or derogate from any
of the economic, social or other human rights which may be ensured
under the laws of any High Contracting Party or under any international
agreement to which it is a party.
Article 20
a In the event of war or
of public danger threatening the life of the nation, each of the
High Contracting Parties may take measures involving derogation
from the obligations that it has assumed under this Convention,
but only to the extent required by the situation and on condition
that the measures taken are compatible with its other obligations
arising under international law.
b Any High Contracting Party exercising the above right
of derogation shall keep the Secretary-General of the Council of
Europe informed of the measures taken, and the reasons therefor,
and shall likewise inform him as soon as such measures cease to
have effect. The Secretary-General shall in turn inform the High
Contracting Parties.
Article 21
Any High Contracting Party may propose amendments to this
Convention in a communication addressed to the Secretary-General
of the Council of Europe. The Secretary-General shall transmit to
the High Contracting Parties any amendments so proposed, which shall
then be considered by the representatives of the High Contracting
Parties on the Committee of Ministers and submitted to the Consultative
Assembly. Any amendments thus approved shall be transmitted to all
signatory Governments and shall enter into force as soon as all
the High Contracting Parties have informed the Secretary-General
of their acceptance.
Article 22
a A High Contracting Party
may denounce the present Convention as far as it is concerned only
after the expiry of five years from the date on which it became
a Party to it and after six menths' notice, contained in a notification
addressed to the Secretary-General of the Council of Europe, who
shall inform the other High Contracting Parties.
b A High Contracting Party which shall have ratified the
present Convention and shall not have availed itself of the right
of denunciation within the period laid down in paragraph 1 above,
shall be bound thereby for a further period of five years, whereupon
it may denounce the Convention as far as it is concerned on the
expiry of each successive five years period.
Article 23
a This Convention shall be
open to the signature of the Members of the Council of Europe. It
shall be ratified. Instruments of ratification shall be deposited
with the Secretary-General of the Council of Europe.
b The present Convention shall enter into force after the
deposit of eight instruments of ratification.
c As regards any signatory ratifying subsequently, the Convention
shall come into force on the date of the deposit of its instrument
of ratification.
d Any country not a member of the Council of Europe may
accede to this Convention under conditions laid down by the Committee
of Ministers and approved by the Consultative Assembly.
e The Secretary-General of the Council of Europe shall notify
all the Members of the Council of the entry into force of the Convention,
the names of the High Contracting Parties which have ratified it,
and the deposit of all instruments of ratification which may be
effected subsequently.
Article 24
a Any State may at the time
of its ratification or at any time thereafter declare by notification
addressed to the Secretary-General of the Council of Europe that
the present Convention shall extend to all or any of the territories
for whose international relations it is responsible.
b The Convention shall extend to the territory or territories
named in the notification as from the thirtieth day after the receipt
of this notification by the Secretary-General of the Council of
Europe, who shall inform the other High Contracting Parties.
c The provisions of this Convention shall be applied in
such territories, with due regard, however, to local requirements.
Article 25
The French and English texts of this Convention shall be equally
authoritative.
