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The collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights, within the framework of the Council of Europe treaty system of the European Social Charter. In recent years, the importance and use of this procedure has increased considerably, in the context of a number of serious economic and social crises which are impacting negatively on the effective enjoyment of social rights in Europe. This short monograph explores and clarifies the specific features, the potential and limits of the collective complaints procedure, intended as a sui generis instrument for the protection of social rights, in the light of its evolutive application by the European Committee of Social Rights (the monitoring body of the European Social Charter) and its real impact on the state and conditions of social rights in the European countries concerned.
Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.
The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe's European Social Charter and the European Union's Charter of Fundamental Rights, as well as the EU's so-called "acquis" in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each.
This volume is the first of its kind to discuss social welfare issues using case studies from a broad range of Southern European countries, both large and small, a decade after the financial crisis. It identifies similarities and differences in the ways in which Southern European countries engage with specific welfare issues and examines whether Southern European welfare is distinct from that of the rest of the continent. The book also engages with the impact of COVID-19 on the social welfare issues under investigation. The volume is divided into four sections, each examining in detail issues including employment, education, health, sexuality, globalization, social movements and migration. With its contributions from experts in the field, the volume is recommended for academics, researchers and students of sociology, social policy, economics, education, politics and social movements.
Available Open Access under CC-BY-NC-ND. Drawing on Roma community voices and expert research, this book provides a powerful tool to challenge conventional discourses and analyses on Romani identity, poverty and exclusion. Through the transformative vehicle of a ‘Social Europe’, this edited collection presents new concepts and strategies for framing social justice for Romani communities across Europe. The vast majority of Roma experience high levels of exclusion from the labour market and from social networks in society. This book maps out how the implementation of a new ‘Social Europe’ can offer innovative solutions to these intransigent dilemmas. This insightful and accessible text is vital reading for the policymaker, practitioner, academic and activist.
This is the first book to provide a comprehensive and systematic assessment of the impact of the crisis and austerity policies on all elements of the European Social Model. This book assesses the situation in each individual EU member state on the basi
This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.
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).
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
We are at a point in history where economic inequalities are more widespread each day. The situation of extreme poverty experienced by the majority of the populations in developing countries ("Third World" countries) often coincides with an absence of democracy and the violation of the most fundamental rights. But in so-called "First World" countries a non-negligible proportion of inhabitants also live in impoverished conditions (albeit mainly "relative" poverty) and are denied their rights. The European situation, which this publication aims to analyse, is painful: the entire continent is afflicted by increasing poverty and consequently by the erosion of living conditions and social conflicts.The economic and financial crisis has resulted in the loss of millions of jobs, and created job insecurity for many still working. Economic insecurity raises social tensions, aggravating xenophobia, for instance. Yet the economic and financial crisis could present a good opportunity to rethink the economic and social system as a whole. Indeed, poverty in modern societies has never been purely a question of lack of wealth. It is therefore urgent today to devise a new discourse on poverty. In pursuit of this goal, the Council of Europe is following up this publication in the framework of the project "Human rights of people experiencing poverty", co-financed by the European Commission.