Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
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the right to organize – art. 5;
the right to bargain collectively – art. 6;
the right of children and young persons to protection – art. 7;
the right of employed women to protection – art. 8;
the right to vocational guidance – art. 9;
the right to vocational training – art. 10;
the right to protection of health – art. 11;
the right to social security – art. 12;
the right to social and medical assistance – art. 13;
the right to benefit from social welfare services – art. 14;
the right of physically or mentally disabled persons to vocational training,
rehabilitation and social resettlement – art. 15;
the right of the family to social, legal and economic protection – art. 16;
the right of mothers and children to social and economic protection – art. 17;
the right to engage in a gainful occupation in the territory of other Contracting
Parties – art. 18; and, finally,
the right of migrant workers and their families to protection and assistance – art. 19.
The 1988 Additional Protocol entered into force on 4 September 1992 and as
of 30 April 2002 had ten States parties. By virtue of this Protocol, which does not
prejudice the provisions of the European Social Charter itself, the Contracting Parties
also undertake to consider themselves bound by one or more of the articles concerning
the following rights:
v the right to equal opportunities and equal treatment in matters of employment and
occupation without discrimination on the grounds of sex – art. 1;
v the right to information and consultation – art. 2;
v the right to take part in the determination and improvement of working conditions
and the working environment – art. 3; and
v the right of elderly persons to social protection – art. 4.
4.2.3 Permissible limitation on the exercise of rights
The Charter contains a general limitation provision (art. 31) whereby the
rights and principles set forth in Parts I and II of the Charter shall not be subject to any
restrictions or limitations not already specified therein “except such as are prescribed by
law and are necessary in a democratic society for the protection of the rights and
freedoms of others or for the protection of public interest, national security, public
health, or morals”. As in most other limitation provisions in the field of international
human rights law, the following three important legal conditions are all present in this
provision, namely, the principle of legality, the principle of a democratic society,
and the principle of proportionality.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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