Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation 4.2 The European Social Charter, 1961, and its Protocols of 1988, 1991 and 1995 The European Social Charter56 was adopted in 1961 and entered into force on 26 February 1965. As of 30 April 2002 it had 25 ratifications. The European Social Charter aims at securing a number of social and economic rights, and it is therefore the natural counterpart to the European Convention on Human Rights which guarantees civil and political rights. The Charter sets up a biennial reporting procedure and, following the entry into force of the 1995 Additional Protocol, a system of collective complaints was also created. 4.2.1 The undertakings of the States parties There are three fundamental undertakings that each State has to accept when adhering to the European Social Charter:57 v first, it must “consider Part I of this Charter as a declaration of the aims which it will pursue by all appropriate means, as stated in the introductory paragraph of that Part” (art. 20(1)(a)). Part I of the Charter lists in general terms the nineteen rights and principles that should “be effectively realized” through the national and international means pursued by the Contracting Parties; v second, it must “consider itself bound by at least five of the following articles of Part II” of the Charter, namely, articles 1, 5, 6, 12, 13, 16 and 19, which respectively concern the right to work, the right to organize, the right to bargain collectively, the right to social security, the right to social and medical assistance, the right of the family to social, legal and economic protection, and the right of migrant workers and their families to protection and assistance (Art. 20(1)(b)); v lastly, it must moreover “consider itself bound by such a number of articles or numbered paragraphs of Part II of the Charter as it may select, provided that the total number of articles or numbered paragraphs by which it is bound is not less than 10 articles or 45 numbered paragraphs” (art. 20(1)(c)). 4.2.2 The rights recognized On the specific conditions explained above, the Contracting States undertake “to consider themselves bound by the obligations laid down in the following articles and paragraphs”, which concern: v v v v the right to work – art. 1; the right to just conditions of work – art. 2; the right to safe and healthy working conditions – art. 3; the right to a fair remuneration – art. 4; 56 ETS, no.: 35 and, for the three Additional Protocols, see ETS, nos.: 128, 142 and 158. 57 For more details about the European Social Charter, see e.g. David Harris, The European Social Charter (Charlottesville, University Press of Virginia, 1984, Procedural Aspects of International Law Series, vol. 17), xvi, 345 pp.; and L. Samuel, Fundamental Social Rights: Case law of the European Social Charter (Strasbourg, Council of Europe, 1997), 450 pp. For information about the European Social Charter see also the Council of Europe web site: www.coe.int/. 102 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers