The Council of Europe, the European Convention on Human Rights and the Social Charter

2020 ◽  
pp. 41-52
Author(s):  
Liz Griffith
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Economic Rights ◽  
European Court ◽  
The Social ◽  
The Cold War ◽  
Social And Economic Rights

Chapter 3 provides a critical perspective on the establishment of the Council of Europe and its development of human rights mechanisms amongst Western European powers during the Cold War. It discusses attempts to address the lack of coverage of social and economic rights in the ECHR, with the development of the European Social Charter and the Committee of Social Rights and looks at the Council of Europe’s differing approaches to civil and political rights (and the jurisdiction of the European Court of Human Rights) and the social and economic rights contained in the Social Charter (with oversight by the Committee of Social Rights). It outlines some of the strengths and weaknesses relating to enforcement and realisability of these differing sets of rights.

The ECHR, the EU and the Weakness of Social Rights Protection at the European Level

2011 ◽  
Vol 12 (10) ◽  
pp. 1833-1861 ◽  
Author(s):  
Roderic O'Gorman
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
European Convention ◽  
Social Rights ◽  
Political Rights ◽  
Council Of Europe ◽  
Rights Protection ◽  
European Court ◽  
Reporting Mechanism ◽  
The Eu

Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

scholarly journals The echr and the Protection of Irregular Migrants in the Social Sphere

2015 ◽  
Vol 22 (1) ◽  
pp. 39-67
Author(s):  
Sylvie Da Lomba
Keyword(s):  
Human Rights ◽  
Social Dimension ◽  
European Convention ◽  
Social Rights ◽  
Irregular Migrants ◽  
Social Sphere ◽  
European Court ◽  
Poor Access ◽  
The Social ◽  
International Adjudication

For more than a decade, the Council of Europe has expressed deep concern over irregular migrants’ poor access to basic social rights. With this in mind, I consider the extent to which the European Convention on Human Rights can contribute to protect irregular migrants in the social sphere. To this end, I consider the role of international supervisory bodies in social rights adjudication and discuss the suitability of international adjudication as a means to uphold irregular migrants’ social rights. Having reached the conclusion that international adjudication can help protect irregular migrants’ social rights, I examine the ‘social dimension’ of the European Convention on Human Rights and the significance that the European Court of Human Rights attaches to immigration status. I posit that the importance that the Court attaches to resource and immigration policy considerations in N v. United Kingdom significantly constrains the ability of the European Convention on Human Rights to afford irregular migrants protection in the social sphere.

Protection from poverty in the European Court of Human Rights

2019 ◽  
pp. 335-360
Author(s):  
Elena Pribytkova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Political Rights ◽  
European Level ◽  
Economic Rights ◽  
The Poor ◽  
Adequate Food ◽  
European Court ◽  
Normative Basis ◽  
Judicial Protection

This paper analyses the practice of the European Court of Human Rights (ECtHR), which gives judicial protection to minimum socio-economic guarantees indispensable for freedom from poverty while addressing civil and political rights enshrined in the European Convention on Human Rights (ECHR). I explore the normative basis, scope, strategies, conditions and effectiveness of the ECtHR’s enforcement of basic socio-economic guarantees, such as access to adequate food, water, sanitation, housing, clothing, health, and social security. The paper examines the virtues and shortcomings of the ECtHR’s approach and discusses legal and political measures necessary to improve judicial protection of the poor in Europe. It shows the necessity of the elaboration of a systematic legal conception clarifying the content and scope of socio-economic guarantees of freedom from poverty protected by the ECHR as well as common standards of their judicial enforcement. At the same time, I advocate for the direct judicial protection of socio-economic rights at the European level. An essential political measure in this sense would be the expansion of the Court’s jurisdiction to the rights enshrined in the European Social Charter and the Revised European Social Charter.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

THE BOUNDARIES PROBLEM OF THE 1950 EUROPEAN CONVENTION DYNAMIC INTERPRETATION ON HUMAN RIGHTS ON THE EXAMPLE OF ENSURING THE SOCIAL RIGHTS OF CONVICTS

2021 ◽  
Vol 7 (1) ◽  
pp. 112-125
Author(s):  
Andrew Yu. KLYUCHNIKOV
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Current Approach ◽  
European Convention ◽  
Social Rights ◽  
Dynamic Interpretation ◽  
European Court ◽  
The Social ◽  
The Right ◽  
The Impact

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.

scholarly journals THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS

2016 ◽  
Vol 10 (2) ◽  
pp. 42-52
Author(s):  
Tudor Tanasescu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Preventive Control ◽  
Intergovernmental Organization ◽  
European Committee ◽  
European Court ◽  
Degrading Treatment ◽  
Efficient Mechanisms

The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture.Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe.

scholarly journals Socialinės teisės Europos žmogaus teisių teismo praktikoje

Teisė ◽  
2008 ◽  
Vol 66 (2) ◽  
pp. 21-43 ◽  
Author(s):  
Dr. Danutė Jočienė
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Social Issues ◽  
European Convention ◽  
Social Rights ◽  
Effective Implementation ◽  
European Court ◽  
The Social ◽  
New Interpretation ◽  
Rights Issues

The present Article deals with the question of interpretation of social rights in the jurisprudence of the European Court of Human Rights (thereafter – the Court)1. In the article the Author analyses the social rights’ issues under the European Convention on Human Rights and their interpretation given by the European Court of Human Rights. Social rights were not included into the text of the Convention adopted in 1950. Nevertheless, the Court has opened the door for a new interpretation of human rights enshrined in the Convention taking into account the social issues of the rights involved and setting up new tenden­cies for their full and effective implementation at international and national levels. Different social rights’ issues, arising in the applications submitted to the Court, especially in the last years, raise the discussion whether exclusion of social rights can still be regarded as legitimate and where there is already a need to include expressly the social rights into the text of the Convention or, whether, the protection of social rights is sufficient under the provisions of the European Social Charter and under the broader interpreta­tion of such rights provided for by the European Court of Human Rights. Straipsnyje analizuojama socialinių teisių aiškinimo ir taikymo klausimai Europos žmogaus teisių teismo praktikoje. Pažymėtina, kad socialinės teisės nebuvo įtrauktos į Europos žmogaus teisių konvencijos teks­tą, priimtą 1950 m., todėl peticijos dėl socialinių teisių gynimo buvo atmetamos kaip nesuderinamos su Konvencijos nuostatomis. Ilgainiui, vykstant socialiniams pokyčiams ir plečiantis teisių, numatytų Kon­vencijoje, aiškinimo ir taikymo riboms, Europos žmogaus teisių teismas ėmė aiškinti Konvencijoje numa­tytas teises plačiau, apimdamas ir atitinkamus socialinių teisių aspektus. Straipsnyje taip pat keliamas klausimas, į kurį kol kas negalima rasti vienintelio atsakymo, ar ne laikas būtų aiškiai įtraukti socialinių teisių kategoriją į Europos žmogaus teisių konvencijoje numatytų teisių sąrašą, ar vis dėlto užtenka Teis­mo plečiamo aiškinimo šių teisių atžvilgiu bei Europos socialinės chartijos nuostatų.

The Contribution of the ILO’s International Labour Standards System to the European Court of Human Rights’ Jurisprudence in the Field of Non-Discrimination

2019 ◽  
Author(s):  
Tzehainesh Teklè
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Political Rights ◽  
International Labour Organisation ◽  
Economic Rights ◽  
European Court ◽  
Labour Standards ◽  
Civil And Political Rights ◽  
International Labour Standards

Abstract This article examines the role played by International Labour Standards (ILS) of the International Labour Organisation (ILO) and the pronouncements of the ILO supervisory bodies in the development of the European Court of Human Rights (ECtHR)’s jurisprudence by focussing on the ECtHR’s case law on discrimination. This analysis is conducted against the background of the role that the ECtHR has been playing in making the European Convention of Human Rights (ECHR) an instrument that protects not only civil and political rights but also social and economic rights, and its consideration of the ECHR as a ‘living’ document. This study concludes with a reflection on the benefits of the ECtHR’s use of ILS and the work of the ILO supervisory bodies and challenges ahead.

Recent jurisprudence of the European Court of Human Rights relevant to employment law

2018 ◽  
Vol 9 (3) ◽  
pp. 287-298
Author(s):  
Adalberto Perulli ◽  
Elena Sychenko
Keyword(s):  
Human Rights ◽  
Integrated Approach ◽  
European Convention ◽  
Social Rights ◽  
Employee Privacy ◽  
European Court ◽  
The Social ◽  
Regulatory Instruments ◽  
Forced Labour ◽  
The Relationship

In the field of regulatory instruments in the social field, the European Convention on Human Rights (ECHR) and the related jurisprudence of the Court of European Court of Human Rights (ECtHR) deserves renewed focus. In recent years considerable debate has developed over the relationship between social rights and human rights, and the jurisprudence of the ECtHR has clearly demonstrated the growing value of human rights in the workplace. The Court explored the growing facets of the ban on forced labour and discrimination; developed the idea of employee privacy and contributed to the protection of their freedom of religion, expression and association; recognised the ‘vulnerability’ of the employee in the employment relationship and has drawn from it the principle that a restriction on hiring practices or certain dismissal practices may have a ‘chilling effect’ on the exercise of the rights provided for by the Convention. In essence, thanks to a sensitivity towards the social and labour field, and due to the integrated approach adopted by the Court of Strasbourg, the scope of the ECHR has been broadly extended to include the protection of certain social rights of a collective nature.

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