This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).
Youth participation is not an end in itself, but a means of achieving positive changes in young people’s lives and of building better democratic societies. Participation is a fundamental human right recognised, among others, in the Universal Declaration of Human Rights and the Convention on the Rights of the Child. Participation is also a core principle of human rights and is a condition for effective democratic citizenship for all people. The aim of the Council of Europe’s youth policy is to provide young people with equal opportunities and experience which enable them to develop the knowledge, skills and competencies to play a full part in all aspects of society. Youth participation is at the core of youth policy in the Council of Europe, which includes co-management as a form of sharing power with youth representatives. Youth participation is promoted across the various sectors of the Council of Europe. The revised European Charter on the Participation of Young People in Local and Regional Life, adopted in May 2003 by the Congress of Local and Regional Authorities of the Council of Europe, is a standard-setting instrument for youth participation. It supports young people, youth workers, youth organisations and local authorities in promoting and enhancing meaningful youth participation at local and regional level across Europe. The manual “Have your say!” was produced to support local and regional authorities, youth organisations and young people who want to give young people a real say for a meaningful democratic youth participation. According to the Charter, participation is about having the right, the means, the space and the opportunity and, where necessary, the support to participate in and influence decisions and engage in actions and activities so as to contribute to building of a better society. The manual “Have your say!” is an educational and practical tool to support all those committed to making that right a reality for more young people in the Council of Europe member states.
The Council of Europe is convinced of the need to improve access to social rights as a key means of combating poverty and social exclusion and in promoting social cohesion. The report on access to social rights in Europe is mainly based on the results of the activities related to access to employment, social protection and housing, as well as relevant work carried out within the Council of Europe in the fields of health and education. This report analyses the obstacles impeding access to different social rights within and across a range of fields. It also gives examples of how obstacles are being overcome, examines integrated measures implemented in the member states of the Council of Europe and identifies the principles on which measures to improve access to social rights should be based. Finally, the report develops cross-sectoral policy guidelines aimed at facilitating access to social rights.
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Education plays an essential role in the promotion of the core values of the Council of Europe: democracy, human rights And The rule of law, As well as in the prevention of human rights violations. More generally, education is increasingly seen as a defence against the rise of violence, racism, extremism, xenophobia, discrimination and intolerance. This growing awareness is reflected in the adoption of the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education (EDC/ HRE) by the Organisation's 47 member states in the framework of Recommendation CM/Rec(2010)7. The Charter was developed over a period of several years as a result of wide-ranging consultations and is non-binding. it will be an important reference point for all those dealing with citizenship and human rights education. it will hopefully provide a focus and catalyst for action in the member states, As well as a way of disseminating good practice and raising standards throughout Europe and beyond.
