1. INTRODUCTIONTheEuropean Social Charteris aCouncil of Europetreatywhich was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty. The Charter sets outhuman rightsand freedomsand establishes a supervisory mechanism guaranteeing their respect by the States parties.The Charter was established to support theEuropean Convention on Human Rightswhich is principally forcivil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guaranteespositive rightsand freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows:housing, health, education,labour rights,full employment, reduction ofworking hours equal pay for equal work,parental leave,social security, social and legal protectionfrompovertyandsocial exclusion, free movementof persons andnon-discrimination, also the rights ofmigrant workers and that of the persons withdisabilities. States Parties to the Charter must submit annual reports on a part of the provisions of the Charter (be it the 1961 Charter or the 1996 Revised Charter), showing how they implement them in law and in practice.

2. EUROPEAN SOCIAL CHARTER OF 1961 In 1961 the European Social Charter was opened for signature. This was a document produced in the middle of the Cold War under the auspices of the Council of Europe (then made up of the non-Communist liberal social democratic states of primarily Western Europe). In an implicit counter to the claims of the Eastern bloc that it was only in countries under State socialism that workers rights were protected, the European Social Charter of 1961 guaranteed, among other social and economic rights: - employment protection rights, such as the right to work in a safe environment under just conditions for fair remuneration, and the right to organise and collectively bargain in trade unions; - welfare rights, such as the protection of health, access to social and medical assistance, social security and social welfare services; and - special social, legal and economic protection for the disadvantaged and potentially socially excluded, such as children, mothers and families, the disabled, the old, and migrant workers and their families. The 1961 European Social Charter was very much understood to be a classic inter-state Treaty, which had implications for States from the point of view of imposing obligations under public international law, but not necessarily creating rights for individuals within those States. There was no procedure for individuals to make complaints of breach of its provisions by a Member State. A protocol was added to the Social Charter in 1995 allowing for the possibility of collective complaints being made by international and national organisations of employers and of trade unions to the Social Charters Committee of Independent Experts.[footnoteRef:1] [1: R Brillat, 'A New Protocol to the European Social Charter Providing for Collective Complaints' [1996] European Human Rights Law Review 52]

In May 1996 the Council of Europe produced a revised European Social Charter, updating and altering some of the substantive provisions of the original 1961 Social Charter.

3. EUROPEAN COMMITTEE OF SOCIAL RIGHTSTheEuropean Committee of Social Rights(ECSR) is the body responsible for monitoring compliance in the States party to the Charter.The ECSR is composed of 15 independent members who are elected by the Council of EuropesCommittee of Ministersfor a period of six years, renewable once.Under the 1995 Additional Protocol providing for a system of Collective Complaints which came into force in 1998, complaints of violations of the Charter may be lodged with the ECSR.Certain organisations are entitled to lodge complaints with the ECSR (a special list of NGOs has been established, made up of NGOs enjoying participatory status with the Council of Europe). The ECSR examines the complaint and, if the formal requirements have been met, declares it admissible. The State Party may then respond in writing, and a hearing may be requested by either party to the procedure. Finally, the Committee comes to a decision on the merits.

4. MONITORING PROCEDURE BASED ON NATIONAL REPORTSEvery year the States Parties submit a report indicating how they implement the Charter in law and in practice. Each report concerns some of the accepted provisions of the Charter.The Committee examines the reports and decides whether or not the situations in the countries concerned are in conformity with the Charter. Its decisions, known as conclusions, are published every year.If a state takes no action on a Committee decision to the effect that it does not comply with the Charter, the Committee of Ministers addresses a recommendation to that state, asking it to change the situation in law and/or in practice.The Committee of Ministers work is prepared by a Governmental Committee comprising representatives of the governments of the States Parties to the Charter, assisted by observers representing European employers organisations and trade unions.

5. A COLLECTIVE COMPLAINTS PROCEDUREUnder a protocol opened for signature in 1995, which came into force in 1998, complaints of violations of the Charter may be lodged with the European Committee of Social Rights.

Organisations entitled to lodge complaints with the Committee In the case of all states that have accepted the procedure: :1. European Trade Union Confederation (ETUC), BusinessEurope (formerly UNICE) and International Organisation of Employers (IOE).2. Non-governmental organisations (NGOs) with participative status with the Council of Europe which are on a list drawn up for this purpose by the Governmental Committee;3. Employers organisations and trade unions in the country concerned; In the case of states which have also agreed to this:4. National NGOs.The complaint file must contain the following information:1. the name and contact details of the organisation submitting the complaint;2. proof that the person submitting and signing the complaint is entitled to represent the organisation lodging the complaint;3. the state against which the complaint is directed;4. an indication of the provisions of the Charter that have allegedly been violated;5. the subject matter of the complaint, i.e. the point(s) in respect of which the state in question has allegedly failed to comply with the Charter, along with the relevant arguments, with supporting documents.The complaint must be drafted in English or French in the case of organisations in categories 1 and 2 above. In the case of the others (categories 3 and 4), it may be drafted in the official language, or one of the official languages, of the state concerned.The Committee examines the complaint and, if the formal requirements have been met, declares it admissible.Once the complaint has been declared admissible, a written procedure is set in motion, with an exchange of memorials between the parties. The Committee may decide to hold a public hearing.The Committee then takes a decision on the merits of the complaint, which it forwards to the parties concerned and the Committee of Ministers in a report, which is made public within four months of its being forwarded.Finally, the Committee of Ministers adopts a resolution. If appropriate, it may recommend that the state concerned take specific measures to bring the situation into line with the Charter.5.1. The impact of the Charter in member StatesAs a result of the monitoring system, states make changes to their legislation and/or practice in order to bring the situation into line with the Charter.

CONCLUSIONThe European Social Charter lays down fundamental rights (related to housing, health, education, employment, social and legal protection and non discrimination), which States Parties have undertaken to secure to nationals of the States Parties (43 out of the 47 member states).