Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation 4.2.4 Permissible derogations from legal obligations The European Social Charter further contains a derogation provision according to which, “in time of war or other public emergency threatening the life of the nation any Contracting Party may take measures derogating from its obligations under this Charter to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law” (art. 30(1)). An Appendix to the Charter which forms an integral part thereof provides that the “term ‘in time of war or other public emergency’ shall be so understood as to cover also the threat of war” (emphasis added). It is noteworthy that, as compared to article 15 of the European Convention on Human Rights, article 27 of the American Convention on Human Rights and article 4 of the International Covenant on Civil and Political Rights, article 30 of the European Social Charter contains neither any prohibition of discrimination nor any non-derogable rights. The scope for permissible restrictions in emergency situations seems thus to be wider than in the field of civil and political rights. The European Social Charter, 1961, protects a wide range of social and economic rights. While the Charter provides the contracting States with a certain flexibility, they must consider themselves bound by at least 5 of 7 specified core articles, as well as by an additional 10 articles or 45 numbered paragraphs. The Charter allows for the limitation of the rights contained therein provided that such limitations are consistent with the principles of legality, a democratic society and proportionality. States parties may also be allowed to derogate from their legal obligations under the Charter in times of war, threat of war, or other public emergency. The measures of derogation taken must comply with the principles of strict necessity and consistency with the State’s other international obligations 4.2.5 The implementation mechanism The procedure for examining the reports submitted under the European Social Charter was revised by the 1991 Amending Protocol, which had not, however, entered into force as of 30 April 2002. In spite of this, and following a decision taken in December 1991 by the Committee of Ministers, the supervision measures embodied in the Amending Protocol are de facto operational. As amended de facto, the monitoring procedures can consequently be briefly described as follows: v the reporting procedure: in the first place, the Contracting Parties undertake to submit biennial reports to the Secretary-General of the Council of Europe on the application of those provisions they have expressly accepted (art. 21); secondly, they have to submit reports on those provisions they have not accepted when requested by the Committee of Ministers to do so (art. 22); the Contracting Parties also have to transmit a copy of these reports to specific national organizations of employers and 104 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers