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The Revised European Social Charter: An Article by Article Commentary


ISBN13: 9781789903638
Published: July 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £189.00



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This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).

Key features include:

  • discussion of the application of social rights in practice
  • examination of the implementation of the RESC in national law
  • a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter
  • analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination

Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.

Subjects:
Human Rights and Civil Liberties, EU Law
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