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The Revised European Social Charter: An Article by Article Commentary

The Revised European Social Charter: An Article by Article Commentary

Author: Karin Lukas
Publisher: Edward Elgar Publishing
ISBN: 9781789903638
Published In: July 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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

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