Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
4.3 The European Social Charter (revised), 1996
The European Social Charter in its revised version was adopted in 1996 and
entered into force on 1 July 1999. As of 30 April 2002 it had 12 ratifications.58 The
revised Social Charter will thus only progressively replace the original Charter, the
terms of which it updates and extends. By taking into account new social and economic
developments, the revised Charter amends certain existing provisions and adds new
ones. As to the new features, they include, in particular, a considerably longer list of
rights and principles in Part I than those contained in the old Charter (31 rights and
principles as compared to only 19 in the 1961 Charter). In addition to the rights taken
from the 1988 Additional Protocol, and which have not been amended, the new
important features include:
v the right to protection in cases of termination of employment – art. 24;
v the right of workers to protection of their claims in the event of the insolvency of
their employer – art. 25;
v the right to dignity at work – art. 26;
v the right of workers with family responsibilities to equal opportunities and equal
treatment – art. 27;
v the right of workers’ representatives to protection in the undertaking and facilities
to be accorded to them – art. 28;
v the right to information and consultation in collective redundancy procedures – art.
29;
v the right to protection against poverty and social exclusion – art. 30; and lastly,
v the right to housing – art. 31.
To the number of articles comprising the hard core of the revised Charter
have been added articles 7 and 20, concerning the right of children and young persons
to protection and the right of women and men to equal opportunities and equal
treatment in matters of employment and occupation; and the number of core articles
that have to be accepted by the Contracting Parties has been increased to six. In
addition, they must be bound by not less than 16 articles or 63 numbered paragraphs
(Part IV, art. A).
The implementation of the legal obligations of the revised Charter is
submitted to the same supervision procedure as the original European Social Charter
(Part IV, art. C).
The European Social Charter (revised), 1996, updates and extends the
old Charter, and increases to 6 the number of core rights that must be
accepted by the States parties. They must moreover agree to be bound by
not less than 16 other articles or 63 numbered paragraphs.
58 ETS no.: 163.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers