Mechanisms for monitoring the implementation of the European Social Charter and their significance for the Member States

Abstract

The foundation of the European system of ensuring social human rights is the European Social Charter, which is implemented under the auspices of the Council of Europe. However, formally, its provisions are not subject to strict implementation, which necessitates an increase in the effectiveness of the Charter’s implementation. The purpose of the present study was to investigate the shortcomings of the mechanisms for monitoring compliance with the European Social Charter, to assess their significance for the member states, and to develop recommendations for improving their effectiveness. The methodological framework of the study included a comprehensive analysis of the mechanisms for monitoring the implementation of the European Social Charter. The study analysed the decisions of the European Committee of Social Rights on violations of the European Social Charter by various states and their effects on the development of legislation and improvement of social policy in these countries. Attention was focused on the collective complaints mechanism set out in the Additional Protocol. The study found that expanding the influence of national NGOs and strengthening public control would substantially contribute to improving the implementation of the Charter. At the same time, the immediate publication of the Committee’s conclusions would positively influence the reputation component, as well as ensure transparency and promptness of the implementation of social rights. The study systematised the effects of the Charter’s provisions on the legal systems of individual countries, focused on the role of civil society and the significance of empowering non-governmental organisations in this process, and substantiated the need to strengthen control over its implementation. The findings obtained are of practical value for improving law enforcement and ensuring social rights of citizens