Chapter One. Collective Complaints Under The European Social Charter: Encouraging Progress?

Abstract

The right of collective complaint under the European Social Charter is one of the few international remedies for violations of economic, social and cultural rights. This chapter reviews the progress made in the first decade or so of its operation. In particular, it focuses on the approach to the interpretation of the Charter that the European Committee of Social Rights has followed. The chapter reflects upon what may be learnt from the Committee's practice that may be relevant to the adoption of a right of communication under the International Covenant on Economic, Social and Cultural Rights (ICESCR), a matter currently under consideration. The Committee has established or confirmed a number of rules concerning the interpretation of the Charter in the course of considering collective complaints. Rights of complaint concerning economic, social and cultural rights in international human rights treaties are scarce, much more so than for civil and political rights. Keywords: collective complaint; European Social Charter; ICESCR; international human rights treaties