European Social Charter Research Articles

THE CHILD AS A VICTIM OF THE DIGITAL ENVIRONMENT

Objective: The objective of this study is to investigate the issue of the child as a victim in the digital environment The primary goal of this research is to focus on the cybercrimes that target children in the digital space and discuss the concept of criminal protection for children. Theoretical Framework: It highlights both classical and modern cybercrimes that children fall victim to, such as defamation, threats and stalking, identity theft and grooming, cyberterrorism, racial discrimination, violent games, and cyberbullying. Method: The study adopts the descriptive method, as it is the most suitable for this type of research, by analyzing and reviewing various sources related to the subject, including previous studies, laws, and regulations, as well as international agreements such as the Convention on the Rights of the Child, the Budapest Convention, the Arab Charter on the Rights of the Child, and the European Social Charter. Additionally, it examines local legislations in countries like Algeria, Saudi Arabia, and Egypt. Results and Discussion & Research Implications: The study concluded with several findings, including that children are easily accessible and manipulable victims. Originality/Value: The paper also discusses the challenges of implementing mechanisms to protect children in the digital environment and concludes with recommendations to enhance the use of modern digital technologies to protect children, the victims of the digital environment, from potential risks.

Protecting Human Creativity in AI-Generated Music with the Introduction of an AI-Royalty Fund

Abstract Artificial Intelligence (AI) is posited to revolutionise the creative industries, prompting global calls for legislative intervention to ensure human creativity remains at the centre of the copyright system. As AI systems gain prowess in analysing and generating content, they promise new levels of creativity and innovation at accelerated pace and reduced costs compared to human production. Alongside these benefits come concerns of displacement, particularly in fields like music, where AI-generated music could potentially supplant human-authored creative endeavours. Suggestions ranging from taxation to levies have been proposed to address this challenge. This paper, however, advocates for a novel perspective: evolving copyright law to not only compensate creators for income lost to technological disruption but also to foster sustainability aligned with the principles of the Council of Europe’s European Social Charter. Proposing an ‘AI-royalty fund’ represents a more optimal approach to this dilemma. Such a fund would acknowledge the intrinsic value of music and support a sustainable and inclusive creative industry ecosystem. Essential to this vision is the role of a national collective, entrusted with administering this fund to ensure equitable distribution and uphold the interests of human authors in an AI-driven landscape, contribute to regional and local plans of growth and foster cultural diversity and innovation. In essence, as AI redefines the boundaries of creativity, adapting the copyright paradigm becomes imperative to preserving the livelihoods of human creators while promoting a resilient and sustainable creative economy.

The role of collective interest representatives in enforcing EU labour rights

This article explores the role of collective interest representatives (CIR) in the enforcement of EU labour rights. To that end, the article starts with an analysis of the regulation of CIR in other fields of EU law, particularly consumer protection law and non-discrimination law. The analysis follows the approach of the Court of Justice of the European Union (CJEU) in cases on the legal standing of actors to enforce EU rights, namely, by defining first the protective scope as a matter of Union law itself based on a textual and teleological analysis and, second, the margin of discretion left to Member States to exercise their own procedural autonomy, including the possibility for Member States to determine locus standi according to their own legal systems. The article continues with drawing inspiration from forms of CIR in international and transnational law, particularly the collective complaints procedure of the European Social Charter (ESC), the representation procedure of the International Labour Organization, and the specific instances of the National Contact Points of the Organisation of Economic Cooperation and Development (NCP OECD). The article concludes with an assessment of the acceptance of CIR in the enforcement of (EU) labour rights from a substantive perspective and elaborates on the possible tasks, requirements, and powers of CIR in enforcing EU labour rights.

Evolution of social standards and guarantees in the legal system of Ukraine: current challenges and development prospects

The study is devoted to the evolution of social standards and guarantees in the legal system of Ukraine, the analysis of modern challenges in the field of social protection and the determination of prospects for their further development. In the conditions of economic and political transformations, ensuring the appropriate level of social standards is an urgent task. The article examines the historical development of social standards from the Soviet period to the modern stage of Ukraine’s integration into the European legal space. The impact of international law, in particular the European Social Charter and ILO conventions, on the formation of social standards is analyzed. The importance of adapting national legislation to international standards for increasing the level of social protection and bringing Ukrainian policy closer to European standards is emphasized. The influence of economic and social factors, such as crises, demographic changes, social inequality and migration processes, which create serious challenges for the state, is considered. Special attention is paid to social guarantees for vulnerable population groups, such as pensioners, people with disabilities, internally displaced persons and combatants. The main problems of these groups in the realization of the rights to social protection were identified and recommendations were given for improving the mechanisms of social support. The author emphasizes the need to reform social policy to create a more effective and fair system of social protection. Contemporary challenges in the implementation of social standards are explored, including economic instability, demographic changes, military conflict, inefficiency of public administration, and corruption. Emphasis is placed on a comprehensive approach to overcoming them, increasing the financial stability of the social system, improving legal regulation and cooperation with international organizations. Prospects for the development of social standards depend on the state’s ability to ensure the sustainability of social policy, adapt legislation to international standards, and increase the availability of social services. The successful implementation of these measures will contribute to Ukraine’s integration into the European legal space, which is strategically important for the country’s development. The article offers a comprehensive analysis of the evolution of social standards in the legal system of Ukraine, identifies the main challenges and provides recommendations for the further development of social policy.

Social dialogue as a contractual tool for regulating the right to work

The essence of social dialogue as a legal phenomenon has been analysed, with one of its main objectives being the implementation of contractual legal regulation of labour and social rights through reconciliation and compromises. Attention is drawn to international interest in the application of social dialogue procedures within the legal mechanism for ensuring the labour and social rights of workers. Focus is given to the form of social dialogue involving collective bargaining for the conclusion of collective agreements and contracts. The study provides a detailed analysis of certain conclusions made by the European Committee of Social Rights regarding reports from the member states of the European Social Charter (revised) on the compliance of their national legislation with the provisions of this Charter. Certain aspects of the implementation of the right to collective bargaining, enshrined in Article 6 §2 of this international treaty, are highlighted. Attention is drawn to the fact that if an industry agreement includes provisions allowing for the non-application of some of its clauses - thereby initiating a mechanism that restricts the right to work for individuals covered by this agreement or complicates the procedures for exercising the right to work - clear contractual legal conditions for applying these norms must be established. The parties to the industry agreement must define the conditions and procedures under which such a non-application clause may be invoked. The article examines the limitations of this right within the context of wage regulation. It is noted that if a collective agreement or contract has been duly concluded by the subjects of contractual regulation, any unilateral interference with its provisions can only be justified by the need to protect the rights of other workers or safeguard public interests, national security, public health, etc. The importance of improving collective contractual regulation of labour relations through mechanisms of social dialogue is emphasized, as the anticipated reform of labour legislation foresees an expansion of labour and social rights, which will need to be defined in collective agreements and contracts. The issue of the representativeness of the parties involved in social dialogue is addressed through an analysis of innovations in Ukrainian labour legislation.

The rights to social security and social assistance in the European Social Charter: Towards a positive content…but what sort of content?

The rights to social security and social assistance in the European Social Charter: Towards a positive content…but what sort of content?

Reykjavik Summit: a new impetus from the Council of Europe in promoting the Social Rights Agenda in Europe

Social rights are an integral part of the Council of Europe’s shared joint vision. They are indispensable for all citizens to live in dignity and have a self-determined lifestyle. Guaranteeing them is an essential condition for democracy. The European Social Charter, known as the Social Constitution of Europe, plays a central role in the European human rights architecture. No other legal instrument at the pan-European level offers such broad and comprehensive protection of social rights. In May 2023, the Reykjavik Declaration insisted on Member States' commitment to this treaty. Consequently, this upcoming July 3 and 4, 2024, the High-Level Conference on the European Social Charter will take place in Vilnius, under the Lithuanian presidency of the Committee of Ministers. Its significance lies in the fact that the States will take up new challenges, including consolidating its standards, simplifying its systematization and contributing to its effective implementation. In short, it will reaffirm the need for social human rights to be key to the construction of the European legal framework.

Correction to: Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property

Correction to: Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property

Mechanisms for achieving decent wage in the Russian economy

The article analyzes the new rules for setting minimum wage, introduced in 2020 in Russia in terms of how they contribute to achieving the decent wage in accordance with the current norms of international and Russian labour law. Minimum wage, while remaining a popular tool for regulating the wage floor, has undergone radical changes in 2020, which affected the basis for its calculation, the level and the frequency of its revision, as well as data sources. The completion of the first year cycles of the new rules for calculating the minimum wage and the stress test of 2022–2023 make it possible to assess the practice of their implementation. We assess the observed and projected effects of the new minimum wage methodology in relation to the norms of international documents (such as the Convention concerning the Minimum Wage of the International Labor Organization, the European Social Charter, the International Covenant on Economic, Social and Cultural Rights, as well as the Charter of Social Rights and Guarantees of Citizens of Independent States). The article gives special attention to the milestones in the development of legislative regulation of the minimum wage in modern Russia. Basing on positive economic analysis, we conclude that the changes in the rules for calculating the minimum wage have reduced its sensitivity to inflation and broken the link with the costs necessary to maintain the reproduction of human capital of the employee and her household. In this research, we have confirmed the hypothesis that the new rules for calculating the minimum wage are poorly favorable to the implementation of decent work as one of the declared national development goals of the country for the period up to 2030. We propose alternatives to reform the minimum wage in the direction of promoting the growth of real incomes of workers and members of their households. We stress the need to establish a stronger dialogue between the state and other stakeholders when developing effective solutions to achieve decent wages in terms of transformation of economy.

Gender Pay Gap: The Protection of the Right to Equal Pay under the Pay Transparency Directive

The purpose of this article is to comprehend how and to which extent the EU Pay Transparency Directive ensures the protection of the right to equal pay for men and women and how effective it is in addressing the Gender Pay Gap. Firstly, the analysis focuses on the main provisions of the EU Treaties, to identify the legal framework at primary level establishing the right concerned, bearing in mind the case-law of the Court of Justice of the European Union and its guiding interpretation of the meanings arising from the principle of equal pay. Secondly, the article provides an analysis of the novelties introduced by the Pay Transparency Directive, to reduce the root causes of the Gender Pay Gap through transparency and enforcement mechanisms aimed at strengthening the exercise of employees’ right to bring action before national authorities against pay discrimination. Concurrently, the article incorporates a comparison between the different standards of protection established within EU Law and those in the European Social Charter. The results reveal how market-related concerns and considerations prevail in EU social policy, concealing the risk of decreasing the effective implementation of the principle of equal pay.

Reformulating Compensation for Unfair Dismissal in Light of the European Social Charter

Este artículo analiza la regulación de la indemnización por despido improcedente en España a la luz de la Carta Social Europea y las decisiones del Comité Europeo de Derechos Sociales. Se expone la problemática del actual modelo indemnizatorio español, que, al basarse exclusivamente en la antigüedad y el salario del trabajador, no ofrece una compensación adecuada a los trabajadores más vulnerables en el mercado de trabajo. Además, se critica la predictibilidad absoluta del sistema de indemnización, que ha convertido al despido improcedente en un mecanismo normalizado para la gestión de las plantillas, vaciando de contenido el derecho humano a no ser despedido sin justa causa. En respuesta a estas deficiencias, el trabajo propone una revisión profunda del sistema de cálculo de indemnizaciones, sugiriendo la implementación de un modelo más flexible, pero al mismo tiempo estructurado y equilibrado. Para ello, se propone dividir la indemnización en tres componentes: el lucro cesante derivado de la pérdida del empleo –al que se le debe aplicar la indemnización por despido objetivo procedente–, los daños morales vinculados a la antijuricidad del despido –que deben ser suficientemente disuasorios– y los perjuicios acreditados fehacientemente que no puedan subsumirse en las categorías anteriores.

Unaccompanied Minors according to Case Law of the European Committee of Social Rights

The European Social Charter in both its versions - the original from 1961 and the revised one from 1996, attaches great importance to the protection of children's rights. It sees the fate of unaccompanied minor foreigners in the territories of states - parties to the Charter as a special problem. Three complaints directly address this issue: two by Defense for Children International against the Netherlands in 2008 and against Belgium in 2011, and one by EUROCEF against France in 2015. They were settled by the European Committee of Social Rights in 2009, 2012, and 2018, respectively. The rulings adopted by the Committee provide an important framework for the response of public authorities in Europe to the increasing number of children arriving from other continents. The adopted directions of thinking indicate the need for great sensitivity in applying the applicable legal standards to this category of foreigners. The article indicates the essential elements that should be taken into account when deciding on the legal situation of minor foreigners coming to Europe.

Social policy of Ukraine under the conditions of martial state: level of support by EU states

Aim. The aim of this research is to highlight the influence of European integration on the optimization of the legal fundamentals of social policy in Ukraine. Methodology. The research is based on the comparative legal method used for comparison of EU social law with the social law of Ukraine. The method of dialectic enables to establish contradictions in the legal norms that regulate the social system of Ukraine and determine its social policy. The systemic and functional method was used to study the system of regulation of the sphere of social relations in Ukraine, systems of social policy measures as well as functional interrelationships between them. The method of generalization was used for the systematization and interpretation of the results obtained during the study. Results. The research showed that the main ways of improving social policy in Ukraine and legal regulation in the social sphere include: ratification of the European Social Charter and its implementation plan in Ukraine; creation of a coherent strategy in the field of provision of social services; the accession of Ukraine to the European Code of Social Security; partial reform of the legal regulation of labor and employment of the population; improvement of legal regulation and social policy in the field of social protection, labor and employment of internally displaced persons from temporarily occupied territories of Ukraine. Scientific novelty. During the research, it was established that on the way to the EU, Ukraine has faced the following problems with its social policy and law: problems with the Ukrainian legislation on social security; problems with regulating the labor market, employment and poverty reduction; problems with improvement of the legislation on labor protection; problems with stimulating entrepreneurship as the basis for ensuring social standards and employment of the population; problems with adaptation of socially vulnerable groups of the population. Practical significance. The results of the research can be used in international law.

Zasady prowadzenia dialogu społecznego na gruncie postanowień (zrewidowanej) Europejskiej Karty Społecznej

Principles of social dialogue based on the provisions of the European Social Charter (revised) The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation. The standards of social dialogue included in the European Social Charter constitute a comprehensive solution that can be a point of reference for the analysis of national solutions. They are also an indicator of changes that should be introduced to the national labour law system in order to create a strong basis for dialogue between social partners.

МАЛОМОБІЛЬНІ ГРУПИ НАСЕЛЕННЯ: МІЖНАРОДНІ ТА НАЦІОНАЛЬНІ АСПЕКТИ ПРАВОВОГО РЕГУЛЮВАННЯ

The article examines the essence of the category of population groups with low mobility in terms of legal regulation at the international and national level. It was noted that depending on age and health status, any person at different periods of his/her life can be classified as a low-mobility population group. Therefore, one of the urgent problems of today is the problem of creating equal opportunities for all members of society in all spheres of social life. The main problems with regard to the population groups with low mobility are emphasized as the imperfection of the legislative and normative regulation of issues of providing an accessible environment for the population groups with low mobility; the issue of creating conditions for the formation of an accessible living environment for such groups; lack or ineffectiveness of coordination and interaction of state authorities, local self-government bodies, businesses and public organizations in the field of creating an accessible environment. International standards do not contain the concept of “population groups with low mobility” and the list of persons belonging to this category. However, the creation of a real barrier-free space for groups with limited mobility is one of the primary requirements in connection with the ratification of the European Social Charter (revised), the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities and the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other. In Ukraine, the legal basis for the definition of the concept of “population groups with low mobility” and the list of persons belonging to them is the Law of Ukraine “On Regulation of Urban Development Activities”, the National Strategy for the Creation of a Barrier-Free Space in Ukraine for the Period up to 2030, State Building Regulations and other normative and legal acts. Key words: population groups with low mobility, international standards, barrier-free space, normative and legal acts.

Exercise of the Right to Strike in Slovenia: On Some Controversial Issues and Compliance with the European Social Charter

The point of departure of this paper is that, in Slovenia, the implementation of the Strike Act, which was adopted still in former Yugoslavia requires profound changes as it is not in line with the constitutional concept of the right to strike or with the basic approaches of international norms and/or the interpretations of these norms made by the relevant supervisory bodies. The focus is placed exclusively on the European Social Charter and its supervisory body – the European Committee of Social Rights. The author briefly comments on certain (inadequate) solutions in the domestic legal regime and its implementation. She indicates possible changes de lege ferenda following the interpretations of the European Social Charter, derived from the case-law of the European Committee of Social Rights. Special attention is drawn to the inadequate legislation which determines limitations to the right to strike of workers in state bodies and public services.

What Healthcare Services Temporary Protection Entitles to Have? Navigating the European Social Charter.

Due to the war against Ukraine, the European Union Temporary Protection Directive, establishing a new migration status of temporary protection, was activated for the first time. The substance of the minimum requirement for providing healthcare services in the Directive appears unclear but is supposed to correspond to human rights standards. This article analyses the standards established in the European Social Charter (revised), recognising several health-related rights. The paper clarifies the material scope of health-related rights and analyses to what extent the Charter applies to persons enjoying temporary protection. The application of health-related rights in the Charter varies depending on citizenship, whether refugee status was additionally sought, and whether a person is seen as a resident or regular worker. The study indicates ambiguity in the position of this group and how the European Social Rights Committee may include it in the scope of protection.

Overview of recent cases before the European Court of Human Rights (January – May 2023) and the European Committee of Social Rights (September 2022 – May 2023)

In this case law report (January 2023 – May 2023) three cases before the European Court of Human Rights (ECtHR) and two cases (September 2022 – May 2023) before the European Committee of Social Rights (ECSR) will be discussed. 1 The first two cases before the ECtHR are discussed together, as they tackle the partial annulment by the Spanish Constitutional Court of the legislation on survivor's pensions. The judgment imposed the same conditions for accessing a survivor's pension for partners in a civil partnership all over Spain. In both cases, the ECtHR ruled that Spain breached Article 1 Additional Protocol European Convention on Human Rights (AP ECHR). The third case that will be discussed also concerns a survivor's pension. In Bosiljevac v. Croatia, the ECHR found a violation of the right to a fair trial in Article 6 ECHR. The case concerns the expert reports used in administrative proceedings in which the applicant sought, on account of his medical condition, to be granted a survivor's pension following the death of this father. Lastly, two cases before the ECSR will be presented. Panhellenic Association of Pensioners of the OTE Group Telecommunications v. Greece concerns a series of pension reforms introduced in Greece. The ECSR did not hold in favour of the applicant, who argued that those reforms violated, inter alia, the right to social security in Article 12 of the Revised European Social Charter (ESC). The last case ( Finnish Society of Social Rights v. Finland) concerns the minimum level of several social security and social assistance benefits in Finland. The ECSR agreed with the applicant and held that the benefits granted were inadequate and violated the right to social security and the right to social assistance in Article 12, § 1 and Article 13, § 1 ESC.

Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property

Abstract This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights’ (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR considers the right to property within the context of evictions, revealing additional eviction protections inconsistently applied by the ECSR that addresses the conflict between the right to housing and property. To provide insight into how the ECSR could address the conflict more directly, this paper compares the ECSR’s approach with that adopted by the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR). Ultimately, this study concludes that the UN CESCR engages with the right to property in the context of evictions more directly than the ECSR.

Healthcare Services for Asylum-Seekers: Untangling the European Social Charter.

Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive full healthcare services, whereas others may have only limited rights. The article shows that the migrant statuses created by national and EU law do not fit in the system of statuses in the Charter, which might produce legal hindrances to accessing health-related rights for asylum-seekers. The article also discusses the possible ways for the European Committee of Social Rights to further expand the scope of the Charter's application.