The Revised European Social Charter

‘The book has the objective to reach “legal and other practitioners, including lawyers, policymakers, academics and human rights activists” (p. xxxll). In my view, due to its concise nature, its accessible language and its informative character, it has reached that objective. The accessibility has in fact been taken a step further by the fact that the book is being offered in open access on the website of the publisher.’
– Filip Dorssemont Louvain, Common Market Law Review

‘The book achieves its aim as phrased in the introductory chapter, which is to contribute to a more comprehensive understanding of the social rights in Europe by state authorities and other human rights contributors, and to bridge the gap between the lack of research on the ESC and the need to enhance the enforcement of social rights. Through its compact format, the book is appropriate for a broad range of professionals working in the field of social rights, not only legal practitioners but also policymakers and officials of state authorities, civil society, and academics.’
– Effrosyni Bakirtzi, European Journal of Social Security

‘In recent years, the European Social Charter has become a living instrument of European constitutional law, thanks to the practice of its Committee of Social Rights. This book offers the most complete study to date of the developing law of the Social Charter. Its author, Karin Lukas, is both a recognized scholar of social rights and a member of the Committee during these crucial recent years. She was the right person to produce this study.’
– Bruno De Witte, Maastricht University, the Netherlands and European University Institute Florence, Italy

‘The European Social Charter is the oldest and most comprehensive social rights treaty instrument in existence. It has generated ground-breaking human rights jurisprudence, but remains little known. Karin Lukas has produced an expert, accessible and comprehensive guide to the Charter, filling a major gap in the human rights literature.’
– Colm O''Cinneide, University College London, UK

‘We have before us a systematic review of the Council of Europe’s Revised Social Charter and its case law. It could hardly have come at a more important moment. Having in place robust social rights protection has shown itself to be paramount in conditions of pandemic, as many like Dr Lukas knew it would be, and will be key to any just recovery. In providing a concise and careful account of the drafting history of the Revised Social Charter and its interpretation to date, Dr Lukas has put her detailed knowledge as President of the European Committee of Social Rights at the service of everyone who wants to understand the role and possibility of social rights in Europe.’
– Margot Salomon, London School of Economics, UK

Contents: Foreword by Manfred Nowak Foreword by Giuseppe Palmisano Introduction PART I GENERAL ISSUES REGARDING THE EUROPEAN SOCIAL CHARTER 1. The European Social Charter its history, application, procedures and impact 2. Methodology of the Commentary PART II SUBSTANTIVE PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article 1 The right to work Article 2 The right to just conditions of work Article 3 The right to safe and healthy working conditions Article 4 The right to a fair remuneration Article 5 The right to organise Article 6 The right to bargain collectively Article 7 The right of children and young persons to protection Article 8 The right of employed women to protection of maternity Article 9 The right to vocational guidance Article 10 The right to vocational training Article 11 The right to protection of health Article 12 The right to social security Article 13 The right to social and medical assistance Article 14 The right to benefit from social welfare services Article 15 The right of persons with disabilities to independence, social integration and participation in the life of the community Article 16 The right of the family to social, legal and economic protection Article 17 The right of children and young persons to social, legal and economic protection Article 18 The right to engage in a gainful occupation in the territory of other Parties Article 19 The right of migrant workers and their families to protection and assistance Article 20 The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex Article 21 The right to information and consultation Article 22 The right to take part in the determination and improvement of the workingconditions and working environment Article 23 The right of elderly persons to social, legal and economic protection Article 24 The right to protection in cases of termination of employment Article 25 The right of workers to the protection of their claims in the event of the insolvency of their employer Article 26 The right to dignity at work Article 27 The right of workers with family responsibilities to equal opportunities and equal treatment Article 28 The right of workers’ representatives to protection in the undertaking and facilities to be accorded to them Article 29 The right to information and consultation in collective redundancy procedures Article 30 The right to protection against poverty and social exclusion Article 31 The right to housing PART III SELECTED PROCEDURAL PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article E Non-discrimination Article G Restrictions Bibliography Index 377