European Social Charter

In 1988, an additional protocol was adopted expanding the catalog of rights (the protocol includes four “substantive” articles, of which its participants must accept at least one), in 1991 - a protocol changing the system of supervision over the implementation of the charter (in particular, the publicity of assessments was introduced reports of member countries by the oversight committee). The first protocol entered into force in 1992, the second one did not enter into force, but is applied in practice.

In 1995, an additional protocol was adopted, which entered into force in 1998, introducing a system of collective complaints (they are examined by the European Committee of Social Rights, which also evaluates reports of participating countries on the implementation of the charter). This procedure for 2012 was adopted by 15 of the participating countries of the Charter. ^[1] Since 1999, the committee adopted 48 decisions on the merits of collective complaints (as of November 2010). ^[2] For comparison, the European Court of Human Rights , which delivered its first decision on the merits of the complaint in 1960, before the reform of its structure in 1998 made 837 substantive decisions, and in 2008 reached 10,000. ^[3]

In 1996, it was adopted, and in 1999, the European Social Charter (revised) entered into force - a treaty coexisting with the ECX (some countries have ratified only the first document, and some have only a new one) and the implementation of which is monitored in the same manner. Part II of the ECX (P) includes 31 articles establishing certain rights; The participating countries undertake to recognize as binding at least 16 articles or 63 paragraphs of the articles of Part II, including at least 6 of the following: 1, 5, 6, 7, 12, 13, 16, 19 and 20.

• Consolidated in the original version of the Charter and in the Revised Charter:
  • The right to work (art. 1)
  • The right to fair working conditions (art. 2)
  • The right to working conditions that meet the requirements of safety and hygiene (Art. 3)
  • Right to fair remuneration (art. 4)
  • The right to association (for workers and employers; art. 5)
  • The right to collective bargaining (art. 6)
  • The right of children and adolescents to protection (in the field of work; art. 7)
  • The right of working women to protection (art. 8)
  • The right to vocational guidance (art. 9)
  • The right to training (art. 10)
  • The right to health (art. 11)
  • The right to social security (art. 12)
  • The right to social and medical assistance (art. 13)
  • The right to receive services from social services (Article 14)
  • The right of workers - persons with disabilities and mentally disabled persons to vocational training, vocational and social rehabilitation (Art. 15)
  • The right of the family to social, legal and economic protection (art. 16)
  • The right of mothers and children to social and economic protection (in the Revised Charter, also to the legal one, and it is specified that the article includes the right to free secondary education ; art. 17)
  • The right to engage in income-generating activities in the territory of other Contracting Parties (Article 18)
  • The right of migrant workers and their families to protection and assistance (art. 19)
• As enshrined in the 1988 Additional Protocol and the Revised Charter:
  • The right to equal opportunities and equal conditions with regard to employment and profession, without discrimination based on sex (Article 1 of the Protocol, Article 20 of the CES)
  • The right to information and consultation (Art. 2 of the Protocol, Art. 21 PESH)
  • The right to participate in the definition and improvement of working and production conditions (Article 3 of the Protocol, Article 22 of the CES)
  • The right of the elderly to social protection (Art. 4 of the Protocol, Art. 23 PESH)
• Secured by separate articles only in the Revised Charter:
  • Right to defense at the end of the employment (art. 24)
  • The right of workers to protect their legal claims in case of insolvency of the employer (Article 25)
  • The right of the employee to protect his dignity at the place of work (Article 26)
  • The right of workers with family responsibilities to equal opportunities and equal treatment (art. 27)
  • The right of workers' representatives to protection and benefits in enterprises (Article 28)
  • The right of workers to information and consult with them in case of collective redundancies to reduce staff (art. 29)
  • The right to protection from poverty and social exclusion (art. 30)
  • The right to housing (art. 31; to some extent also enshrined in article 16 of the original Charter ^[4] )

The prohibition of discrimination in the exercise of the rights established by the Charter is established by the preamble of the original Charter and Article E of the Revised Charter; Member States cannot waive these provisions.

Russia ratified the Revised Charter in October 2009, recognizing as mandatory from the provisions of Part II of the Charter articles 1,3, 5-11, 14, 16, 17, 20-22, 24, 27-29 in full, 2, 4, 12, 15, 18, 19 partially (a total of 68 points).

In July 2009, during the ratification process, a meeting was held between the leadership of the Russian Orthodox Church and United Russia. Patriarch Kirill stated that many Orthodox are concerned about “talk about the possibility of introducing sexual education of schoolchildren and juvenile justice in Russia”. Representatives of United Russia V.V. Volodin and A.K. Isaev promised to counteract an understanding of the interpretation of the Social Charter that would push Russia to introduce sexual education and juvenile justice. ^[5] Mentioned concern was opposed by opponents of juvenile justice and sexuality education to Articles 11 and 17 of the ECX. ^[6]

• Texts of the Charter and the Revised Charter
• Texts of the protocols: 1988 (Russian) , 1991 (Russian) and 1995 (English) .
• Section of charters on the CE portal: (English) , (French)
• Signature and ratification table of the CESP, ECX and protocols (English)
• Table of the adopted by the participating countries provisions of the CESP, ECX and Protocol of 1988 (English) (French)
• Council of Europe Social Charter // Russian Bulletin on Human Rights, No. 10