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Journal articles on the topic 'European Social Charter (1961)'

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Published: 10 March 2023

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1

Radaev, A. G. "European Social Charter: basic guarantees of social and labor rights." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 15–24. http://dx.doi.org/10.18287/1810-4088-2021-16-1-15-24.

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This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.
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2

Jaeger, Markus. "The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints." Leiden Journal of International Law 10, no. 1 (March 1997): 69–80. http://dx.doi.org/10.1017/s0922156597000058.

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The European Social Charter (ESC) was signed in 1961 and has been in force since 1965. Protecting 19 fundamental rights, it was conceived as the counterpart, in the field of social and economic rights, to the European Convention on Human Rights. However, it was considered to have several shortcomings as a human right instrument, namely a slow, confusing and government-controlled monitoring mechanism as well as a list of protected rights that was incomplete. This last criticism was partly met by the Additional Protocol to the Charter of 1988, which guaranteed four additional rights. However, an informal Ministerial Conference on Human Rights held in Rome on 5 November 1990 acknowledged that one had to go further. The ministers invited the Committee of Ministers of the Council of Europe to take the necessary steps for a detailed study of the role, content, and operation of the European Social Charter with a view to giving it a new impetus. In response, the Committee of Ministers authorized the convening of an ad hoc committee, the Committee on the European Social Charter (the so-called “Charte-Rel Committee”). It was instructed to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery. In carrying out its task, the Committee consulted the international representatives of management and labour, including the European Trade Union Confederation (ETUC) and the Union of the Confederations of Industry and Employers of Europe (UNICE), as well as the International Labour Organization (ILO) at all stage.
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3

Świątkowski, Andrzej Marian. "Teisė į teisingą atlyginimą: europiniai standartai." Teisė 79 (January 1, 2011): 186–92. http://dx.doi.org/10.15388/teise.2011.0.179.

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Teisingo atlyginimo už darbą principas įtvirtintas 1961 m. Europos socialinėje chartijoje ir 1996 m. Pataisytoje socialinėje chartijoje. Tačiau minėtuose teisės aktuose nepateikiama teisingo atlyginimo sampratos, o neaiškus terminas leidžia rastis skirtingoms interpretacijoms, kurioms tirti iki šiol Lietuvoje buvo skirta mažai dėmesio. Šiame straipsnyje detaliai analizuojami Socialinių teisių komiteto pateikti teisingo atlyginimo aiškinimo metodai. Tyrimo tikslas – išskirti skirtingas teisingo atlyginimo sampratas, jas palyginti ir įvertinti Lenkijos valstybės darbo užmokestį teisingo atlyginimo sampratos požiūriu. Naudojamasi sisteminio aiškinimo, lyginamuoju, loginės analizės ir statistiniais metodais. Šiais metodais vertinamos Lenkijos Respublikos galimybės ratifikuoti Europos socialinės chartijos 4 straipsnio 1 dalį. European Social Charter of 1961 and the Revised European Social Charter of 1996 establishes the principle of fair remuneration. However these legal acts do not give the exact definition of this principle. The vague term generates different interpretations which have not been properly analysed in Lithuanian labour law so far. This paper analyses the methods to define fair remuneration, provided by the Committee of Social Rights. The purposes of this research are to identify various interpretations, to compare them and to evaluate Polish remuneration in the terms of fair remuneration. The author of this paper uses systematic interpretation, comparison tests, logical analyses and statistical methods. These methods enable the author to conclude on the possibilities of Poland to ratify article 4 § 1 of the European Social Charter.
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4

Skokauskas, Norbert, and Myron Belfer. "Global child mental health: what can we learn from countries with limited financial resources?" International Psychiatry 8, no. 2 (May 2011): 45–47. http://dx.doi.org/10.1192/s1749367600002460.

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In 1977 the World Health Organization recommended that every country throughout the world should have a national plan for child mental health. The United Nations Convention on the Rights of the Child has been another important stimulus for child mental health policies and services in many countries. Adopted unanimously by the United Nations General Assembly in 1989 and instituted as international law in 1990, the Convention is an agreement on the basic protections that should be accorded to children. Adopted in 1961, the European Social Charter is the major European treaty that secures children's rights. In 1996 the Charter was revised and expanded to include a list of core obligations of the contracting parties relating to the recognition of social, legal and economic rights for children and young persons.
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5

Przywora, Bogusław. "Zgodność z Konstytucją przepisu ustawy o Straży Granicznej w zakresie określenia czasu wolnego lub wynagrodzenia w zamian za czas służby przekraczający normy służby." Zeszyty Prawnicze Biura Analiz Sejmowych 4, no. 68 (2020): 279–91. http://dx.doi.org/10.31268/zpbas.2020.89.

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In the position of the Sejm a statement was proposed that the appealed provision of the Act on the Border Guard, in the area in which it stipulates that an officer entitled to a functional allowance is not entitled to time off from service in exchange for service overtime exceeding service standards, is compliant with the indicated provision of the European Social Charter drawn up in Turin on 18th October 18 1961. The Applicant emphasized that the legislator did not comply with the provisions of the ESC, for he deprived Border Guard officers serving in independent or managerial positions of the right to free time or remuneration for the time of service performed in overtime. In the justification of the position, it was stated that Article 4 of the ESC does not determine the extent of additional remuneration that employees are entitled to for overtime work. Therefore the national legislator has been left with far-reaching freedom to define the rules of remuneration of employees.
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6

HEPPLE, BOB. "EUROPEAN SOCIAL CHARTER." Industrial Law Journal 17, no. 1 (1988): 124–25. http://dx.doi.org/10.1093/ilj/17.1.124.

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7

Heringa, Aalt Willem. "European Social Rights: The European Social Charter." Maastricht Journal of European and Comparative Law 4, no. 2 (June 1997): 107–10. http://dx.doi.org/10.1177/1023263x9700400201.

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8

Hendriks, Aart. "Appendix II: Revised European Social Charter." Netherlands Quarterly of Human Rights 14, no. 3 (September 1996): 341–59. http://dx.doi.org/10.1177/092405199601400311.

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9

Teague, Paul, and John Grahl. "The European Community Social Charter and Labour Market Regulation." Journal of Public Policy 11, no. 2 (April 1991): 207–32. http://dx.doi.org/10.1017/s0143814x00006206.

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ABSTRACTThe market orientation of the 1992 European Community programme has given way to a range of other projects involving institutional integration. Issues such as European Monetary Union and the EC Social Charter now dominate the Community's policy agenda. Inducing this shift from ‘negative’ to ‘positive’ integration was a growing realisation that institutional interventions are required to secure and coordinate the integration process. This paper examines the nature of the EC Social Charter as a positive coordination mechanism. First the controversies surrounding the adoption of the Charter are outlined. Then an appraisal is made of how the clauses of the Charter' accompanying action programme and recently published draft Directives affect existing national systems of labour market regulation. The conclusion is that although the Charter does not constitute a move towards a harmonised employment regime, it is a serious attempt to bring about greater coherence in Community labour markets.
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10

Lucas, Rosemary. "Some thoughts on the European Social Charter." International Journal of Hospitality Management 10, no. 2 (January 1991): 174–77. http://dx.doi.org/10.1016/0278-4319(91)90041-f.

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11

Hughes, C. "European law, medicine, and the social charter." BMJ 304, no. 6828 (March 14, 1992): 700–703. http://dx.doi.org/10.1136/bmj.304.6828.700.

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12

Marian Swiatkowski, Andrzej. "European social charter: The right to strike." Managerial Law 47, no. 6 (December 2005): 284–301. http://dx.doi.org/10.1108/03090550510771331.

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13

Ewing, Keith. "THE EUROPEAN SOCIAL CHARTER: AN END TO THATCHERISM?" Constitutional Forum / Forum constitutionnel 2, no. 1 - 4 (October 11, 2011): 1991. http://dx.doi.org/10.21991/c9z961.

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14

Ermisch, John. "European Integration and External Constraints On Social Policy: Is a Social Charter Necessary?" National Institute Economic Review 136 (May 1991): 93–118. http://dx.doi.org/10.1177/002795019113600109.

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This article examines the conditions under which social policy would be constrained by European economic integration and assesses whether a Social Charter is needed. It provides a framework for interpreting the ‘principle of subsidiarity’, examines the potential for a direct effect of social benefits on the movement of people within the EC, investigates the impact of the taxes used to finance social policy on the location of businesses and people and the incidence of these taxes. As the degree of labour mobility in response to differences in real wages between EC countries is demonstrated to be crucial in deciding whether a Social Charter is necessary, a substantial part of the paper examines the evidence on the responsiveness of labour mobility, and it suggests little need for a Social Charter.
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15

Lasak, Katarzyna. "Health and Safety in the European Social Charter." International Journal of Comparative Labour Law and Industrial Relations 25, Issue 2 (June 1, 2009): 109–22. http://dx.doi.org/10.54648/ijcl2009010.

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Work insecurity characterizes the era of globalization. The hazards arising from work exist at all times and in every part of world. Whereas International Labour Organization (ILO) standards and domestic statutory mechanisms have contributed to the reduction of many risks and dangers, a countertrend toward market conditions has multiplied and increased them in number. As this is a growing problem, some countries are making efforts to solve it in different ways. One of the strategies agreed upon at a European level is to strengthen the principles of labour law by means of protection offered by international human rights legislation. Thus, the European Social Charter has been enacted. There is no other comparable system in any other region. This paper aims to examine how useful the Social Charter is in reality.
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16

Evju, Stein. "The European Social Charter – Instruments and procedures." Nordic Journal of Human Rights 25, no. 01 (March 28, 2007): 58–64. http://dx.doi.org/10.18261/issn1891-814x-2007-01-05.

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17

Harris, D. J. "A Fresh Impetus for the European Social Charter." International and Comparative Law Quarterly 41, no. 3 (July 1992): 659–76. http://dx.doi.org/10.1093/iclqaj/41.3.659.

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18

Mikkola, Matti. "Social Human Rights of Migrants under the European Social Charter." European Journal of Social Security 10, no. 1 (March 2008): 25–59. http://dx.doi.org/10.1177/138826270801000103.

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19

Quesada, Luis Jimena. "Rights of Young People and the European Social Charter." Studia z zakresu Prawa Pracy i Polityki Społecznej 28, no. 1 (2021): 1–12. http://dx.doi.org/10.4467/25444654spp.21.001.13195.

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The European Social Charter (alongside the case-law of the European Committee of Social Rights) forms the most striking binding legal source for young people’s social rights, providing a framework for synergies with both the European Union and the Council of Europe’s other instruments and mechanisms in this area. In the current times of pandemic, the most important thing is preventing the COVID-19 crisis (which has economic, political and social dimensions) from becoming a crisis of values among young people. From this perspective, on the one hand, the paper focuses on access of young people to education, labour market and housing. On the other hand, it proposes measures aimed at raising awareness of the Social Charter among young people and to capitalise on it in practice instead of insisting on drafting a specific European instrument on their rights. Finally, the author insists that all Council of Europe Member States should accept (if they have not yet done so) in the spirit of the “Turin process,”the collective complaints procedure and the revised European Social Charter.
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20

Hungler, Sara. "The Poor, the Unemployed and the Public Worker – A Comparative Essay on National Unemployment Policies Contribution to Deepening Poverty." International and Comparative Law Review 12, no. 1 (June 1, 2012): 123–40. http://dx.doi.org/10.1515/iclr-2016-0082.

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Abstract The aim of this article is to discuss the relation between a state’s unemployment and social policies with an eye on rights and duties declared in the European Social Charter and the Revised European Social Charter. First a summary is given to major international human right instruments’ approach to forced labor in connection with public work programs, followed by an introduction to Article 1(2) of the European Social Charter and its interpretation by the European Committee of Social Rights. This section will also give a short comparative analysis on the unemployment policies of selected EU Member States. The second half of the article is dedicated to the past and present of the Hungarian public work program and its critical analysis.
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21

O'Gorman, Roderic. "The ECHR, the EU and the Weakness of Social Rights Protection at the European Level." German Law Journal 12, no. 10 (October 1, 2011): 1833–61. http://dx.doi.org/10.1017/s2071832200017582.

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Ever since the conceptual division of rights into three separate categories; civil, political and social, the legal status of social rights has been controversial. This divergence in views is illustrated by the decision of the Council of Europe in 1950 to protect civil and political rights through a judicial format where adherence to the European Convention on Human Rights (ECHR) was ensured by the European Court of Human Rights, whereas social rights were addressed separately through the European Social Charter (“Social Charter”), with merely a reporting mechanism to the European Committee of Social Rights.
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22

Evju, Stein. "Application by Domestic Courts of the European Social Charter." Nordic Journal of Human Rights 28, no. 03-04 (May 20, 2011): 401–21. http://dx.doi.org/10.18261/issn1891-814x-2010-03-04-04.

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23

Harris, D. J. "Council of Europe: Protocol Amending the European Social Charter." International Legal Materials 31, no. 1 (January 1992): 155–62. http://dx.doi.org/10.1017/s0020782900018465.

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24

Silvia, Stephen J. "The Social Charter of the European Community: An Defeat for European Labor." Industrial and Labor Relations Review 44, no. 4 (July 1991): 626. http://dx.doi.org/10.2307/2524453.

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25

Silvia, Stephen J. "The Social Charter of the European Community: A Defeat for European Labor." ILR Review 44, no. 4 (July 1991): 626–43. http://dx.doi.org/10.1177/001979399104400402.

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26

Khaliq, Urfan. "The EU and the European Social Charter: Never the Twain Shall Meet?" Cambridge Yearbook of European Legal Studies 15 (2013): 169–96. http://dx.doi.org/10.5235/152888713809813431.

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AbstractThis article examines the relationship between the EU and the Council of Europe’s Social Charter. It considers the differing approaches to the protection of economic and social rights and the relationship between the two legal orders. It further examines whether the EU should consider acceding to the European Social Charter so as to ensure the effective protection of economic and social rights.
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27

Khaliq, Urfan. "The EU and the European Social Charter: Never the Twain Shall Meet?" Cambridge Yearbook of European Legal Studies 15 (2013): 169–96. http://dx.doi.org/10.1017/s1528887000003049.

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Abstract This article examines the relationship between the EU and the Council of Europe’s Social Charter. It considers the differing approaches to the protection of economic and social rights and the relationship between the two legal orders. It further examines whether the EU should consider acceding to the European Social Charter so as to ensure the effective protection of economic and social rights.
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28

Wujczyk, Marcin. "(Zrewidowana) Europejska Karta Społeczna jako międzynarodowy standard chroniący prawa wynikające z systemu zabezpieczenia społecznego w okresie przemian ekonomiczno-społecznych." Opolskie Studia Administracyjno-Prawne 16, no. 3 (September 17, 2019): 35–47. http://dx.doi.org/10.25167/osap.1194.

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The article analyzes the rights in the area of social security resulting from the European Social Charter and the Revised European Social Charter. The study presents both standards resulting directly from the provisions of the above-mentioned treaties as well as requirements interpreted by the European Committee of Social Rights. Particular attention was paid to the guarantees of the social security system and protection of entitled persons in the event of the necessity to limit the level of granted benefits, especially in the event of an economic crisis.
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29

Ryszka, Joanna. "Protection of Social Rights as a Permament Challenge for the European Union." Review of European and Comparative Law 46, no. 3 (August 21, 2021): 109–43. http://dx.doi.org/10.31743/recl.11955.

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Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual exercise of social rights provided by the Charter. This is very important taking into account the need for an ongoing response to unforeseen threats, like for example COVID-19. The social aspects of EU integration thus are and will remain a subject of interest in the nearest future.
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30

Akrivopoulou, Christina M., and Olga Eirini Palla. "Greece violating the European Social Charter regarding young persons labour rights (Complaint 66/2011, European Social Charter Committee Decision of 23 May 2012)." International Journal of Human Rights and Constitutional Studies 1, no. 4 (2013): 381. http://dx.doi.org/10.1504/ijhrcs.2013.057317.

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31

Inglese, Marco. "The Right to Healthcare in the Common European Asylum System." European Journal of Migration and Law 20, no. 2 (May 30, 2018): 135–56. http://dx.doi.org/10.1163/15718166-12340026.

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Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).
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32

Addison, John T., and W. Stanley Siebert. "The Social Charter of the European Community: Evolution and Controversies." Industrial and Labor Relations Review 44, no. 4 (July 1991): 597. http://dx.doi.org/10.2307/2524452.

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33

O’Cinneide, Colm. "The European Social Charter and the UK: Why it Matters." King's Law Journal 29, no. 2 (May 4, 2018): 275–96. http://dx.doi.org/10.1080/09615768.2018.1502064.

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34

Shrubsall, Vivien. "The Additional Protocol to the European Social Charter—Employment Rights." Industrial Law Journal 18, no. 1 (1989): 39–53. http://dx.doi.org/10.1093/ilj/18.1.39.

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35

Addison, John T., and W. Stanley Siebert. "The Social Charter of the European Community: Evolution and Controversies." ILR Review 44, no. 4 (July 1991): 597–625. http://dx.doi.org/10.1177/001979399104400401.

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36

Evju, Stein. "The Right to Collective Action under the European Social Charter." European Labour Law Journal 2, no. 3 (September 2011): 196–224. http://dx.doi.org/10.1177/201395251100200303.

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37

Bercusson, Brian. "The European Community's Charter of Fundamental Social Rights of Workers." Modern Law Review 53, no. 5 (September 1990): 624–42. http://dx.doi.org/10.1111/j.1468-2230.1990.tb01830.x.

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38

Rataj, Primož. "Book review: The European Social Charter and the Employment Relation." European Journal of Social Security 20, no. 1 (March 2018): 68–70. http://dx.doi.org/10.1177/1388262718760912.

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39

Nemţoi, Gabriela. "”New” and ”Existing” Rights in the Charter of Fundamental Rights of the European Union." Logos Universality Mentality Education Novelty: Law 8, no. 1 (December 10, 2020): 16–32. http://dx.doi.org/10.18662/lumenlaw/8.1/32.

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Considered a fundamental document, the Charter of Fundamental Rights of the European Union aims to bring together all the civil, political, economic, social and cultural rights that citizens and residents of the Community can enjoy in order to outline the EU’s obligation to respect these fundamental rights. Thus, from the perspective of the content of the Charter, civil and political rights can be understood as those rights necessary for the assertion of the individual and defined by the action of their holder[1] and in contrast are the economic, social and cultural rights that can be understood as those rights recognized to individuals, in their capacity as members of certain social categories. Through its content, the Charter reaffirms the rights that arise from the content of national constitutions and international obligations, common to the Member States. Thus, these rights stand out as a foundation that is built on the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the Social Charters adopted by the EU, on the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. In this context, it should be noted that the Charter is the first normative act that manages to codify in a single document, the main civil, political, economic and social rights[2], enshrined in previous Community Treaties. Under the auspices of the Charter, we will try to point out the innovative aspect that this document enjoys as a legal instrument for the protection of fundamental human rights.
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40

Jimena Quesada, Luis. "The asymmetric evolution of the social case-law of the Court of Justice: new challenges in the context of the European pillar of social rights." UNIO – EU Law Journal 3, no. 2 (March 12, 2019): 4–19. http://dx.doi.org/10.21814/unio.3.2.2.

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The author highlights the paradoxical evolution of CJEU’s case-law in the field of social rights and how in the past, it has played a praetorian role in a context of implied powers and modest EU primary legal provisions whereas now, it is showing clear self-restraint under explicit competences and an evolved EU primary law [including the Charter of Fundamental Rights (CFREU)]. From this perspective, the author proposes the opening of the CJEU to the new framework of the European Pillar of Social Rights, as part of the broader Turin process for the European Social Charter, through positive judicial willingness (by taking into account the synergies between the EU and the Council of Europe – including the case-law from the European Committee of Social Rights).
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41

Aubert, Gabriel. "Les mécanismes d'application de la Charte sociale européenne." Les Cahiers de droit 26, no. 2 (April 12, 2005): 521–30. http://dx.doi.org/10.7202/042674ar.

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Less well known than its predecessor the 1950 European Convention on Human Rights, the European Social Charter that came into force in October 1965 is no less a fundamental piece of European international law that is of interest to evaluate. Perhaps precisely because of the nature of its object, the Charter, as it would seem, has operational and concrete application difficulties that the Convention does not have.
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42

Lukas, Karin. "The Collective Complaint Procedure of the European Social Charter: Some Lessons for the EU?" Legal Issues of Economic Integration 41, Issue 3 (August 1, 2014): 275–88. http://dx.doi.org/10.54648/leie2014016.

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The Collective Complaint Procedure of the European Social Charter deals with issues that have implications beyond individual situations, for specific groups or systematic problems. The procedure is of critical importance, as it gives its monitoring body, the European Committee of Social Rights (ECSR), the possibility to assess a situation in depth. In this context, the Committee has often dealt with the EU legal framework. This interaction moved in two directions. On the one hand, the EU framework has an informative character for decisions on collective complaints; violations of EU law are potential indicators for violations of the respective standards of the European Social Charter. On the other hand, certain legislative and policy activities by EU institutions as implemented by Member States have been found to be incompatible with the standards of the Charter. This tension has become particularly apparent in matters of asylum and migration law, and in view of austerity measures in response to the economic crisis.
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43

Schiek, Dagmar. "Towards More Resilience for a Social EU – the Constitutionally Conditioned Internal Market." European Constitutional Law Review 13, no. 04 (November 2, 2017): 611–40. http://dx.doi.org/10.1017/s1574019617000311.

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Gap between the EU’s normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union – Charter normatively commits EU to a constitutionally conditioned Internal Market – Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees – Constructive response to legitimacy dilemmas emerging from cases such asLaval,VikingandAGET Iraklis– Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels
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44

Papadopoulos, Nikolaos A. "Austerity Measures in Greece and Social Rights Protection under the European Social Charter: Comment on GSEE v. Greece case, Complaint No. 111/2014, European Committee of Social Rights, 5 July 2017." European Labour Law Journal 10, no. 1 (January 27, 2019): 85–97. http://dx.doi.org/10.1177/2031952518817566.

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On the 5th of July 2017, the European Committee of Social Rights published another decision adopted under the collective complaints procedure, condemning Greece for violating plenty of the European Social Charter provisions concerning labour rights by implementing austerity measures between 2010 and 2014. The Committee adopted a dynamic and analytical interpretation of the Charter setting new criteria, such as the need to take into account the social needs of the most vulnerable when legislating and went even further than in its previous decisions in terms of social rights protection by producing a precedent that can be used as a tool against the application of austerity policies. This paper analyses GSEE v. Greece, Complaint No. 111/2014 before the Committee and attempts to review it under a multi-level context.
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45

Robin-Olivier, Sophie. "Fundamental Rights as a New Frame: Displacing the Acquis." European Constitutional Law Review 14, no. 1 (March 2018): 96–113. http://dx.doi.org/10.1017/s1574019618000032.

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Impact of fundamental rights on the social ‘acquis’ – Limited extension of social rights from the integration of the ‘acquis’ into the Charter of Fundamental Rights – How the Charter contributed to the renewed force of the economic freedoms – Shift from fundamental rights to ‘essential principles’ of uncertain nature in the European Pillar of Social Rights – Possible transformation in the approach to social issues through interdisciplinarity
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46

Moskalenko, O. V., and O. M. Lukianchykov. "HARMONIZATION OF STANDARDS OF SOCIAL PROTECTION IN UKRAINE WITH THE EUROPEAN SOCIAL CHARTER." Juridical scientific and electronic journal, no. 2 (2021): 131–34. http://dx.doi.org/10.32782/2524-0374/2021-2/31.

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47

Maack, Nils, and Rolf Birk. "The Council of Europe and Employee Involvement in Private Enterprises." International Journal of Comparative Labour Law and Industrial Relations 25, Issue 2 (June 1, 2009): 123–35. http://dx.doi.org/10.54648/ijcl2009011.

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This paper addresses the existing provisions in the European Social Charter (ESC) relating to employee involvement in private enterprises, namely the right to information and consultation and the right to workers’ participation. After providing an overview of the Charter’s historical development, its relationship with the European Union law and the infl uence on the domestic law of the Member States of the Council of Europe are discussed. There then follows a brief description of the enforcement mechanisms for social rights under the ESC: the reporting system and the collective complaint. The subsequent part illustrates the development of the right to information and consultation in the different versions of the Charter, also considering collective redundancy procedures. This paper concludes by examining the rights to workers? participation included in the Social Charter.
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48

Panascì, Maria Antonia. "The right to paid annual leave as an EU fundamental social right. Comment on Bauer et al.: Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn, EU:C:2018:871." Maastricht Journal of European and Comparative Law 26, no. 3 (June 2019): 441–48. http://dx.doi.org/10.1177/1023263x19841762.

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This case note examines the judgment of Court of Justice of the European Union delivered in Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn on 6 November 2018. It engages with the noteworthy aspects of the ruling, such as the horizontal direct effect of the Charter of Fundamental Rights of the European Union (the Charter), the relationship between primary and secondary law in the European Union legal order and the scope of application of the Charter.
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49

Paju, Jaan. "The Charter and Social Security Rights: Time to Stand and Deliver?" European Journal of Social Security 24, no. 1 (February 28, 2022): 21–39. http://dx.doi.org/10.1177/13882627221075643.

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From a standpoint of fundamental rights, the European Court of Justice (ECJ) can be considered as having taken a restrictive approach to social security ever since it ruled in case C-333/13, Dano. The ECJ ruled that the Charter of Fundamental Rights of the European Union does not apply because Regulation 883/2004 only coordinates member states’ social security systems. This has since been raised by national courts in seven further preliminary rulings: case C-647/13, Melchior; case C-408/14, Wojciechowski; case C-284/15, M; case C-89/16, Szoja; case C-447/18, UB; case C-243/19, A; and case C-243/19, CG. In the light of these rulings, this article provides an analysis of social security from a rights perspective. This includes considering and analysing the inherent limitations of the Charter in view of the principle of conferral. The author asks: the Charter and social security rights – time to stand and deliver? If so: deliver what? If not: why not?
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Serdyuk, Andriy, Nadija Polka, Natalia Medvedovska, Iryna Stovban, and Mykola Kvach. "Analysis of initiatives for regulatory provision of formation, preservation and strengthening of reproductive health." JOURNAL OF THE NATIONAL ACADEMY OF MEDICAL SCIENCES OF UKRAINE, no. 3 2021 (October 29, 2021): 209–17. http://dx.doi.org/10.37621/jnamsu-2021-3-7.

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The article presents the results of studying the legal regulation of the right to reproductive health in Ukraine. The issue becomes relevant due to the growth of negative medical and demographic trends of negative natural growth, population aging, the spread of destructive behavioral stereotypes and poverty of the population of Ukraine, combined with environmental degradation and insufficient physical, territorial and economic availability of quality medical services. In such circumstances, the search for ways to overcome the identified trends, intensify the processes of population reproduction, strengthening its reproductive and labor potential becomes a priority. The aim of the study was a retrospective analysis of the legislative provision of reproductive health, reproductive rights and family planning, maternity protection as the basis for the formation of reproductive health in Ukraine. The materials for the study were domestic and foreign legal framework of legislative and policy documents of the UN, WHO, the World Medical Assembly and the World Bank on the problem. The research methods were: system analysis, bibliosemantic, content analysis. Results. The current norms of international legislation in the field of reproductive health are analyzed, starting with the Charter of Human Rights (Universal Declaration of Human Rights, 1948; International Covenant on Economic, Social and Cultural Rights, 1966; International Covenant on Civil and Political Rights ", 1966; Convention on the Rights of the Child, 1989), a number of treaties and protocols," International Convention on the Elimination of All Forms of Racial Discrimination ", 1961, revised in 1994. ; "Convention relating to the Status of Refugees", 1951, revised in 2002), numerous documents (declarations, covenants, agreements) relevant to the formation of reproductive health, determined the rights of every person and child to life, liberty, security, the highest attainable standard of physical and mental health, affordable health care, gender equality. Resolutions, regulations and declarations developed and approved by the World Medical Assembly (WMA), most of which have been ratified by Ukraine and adapted to the realities of the domestic legal framework in the current post-Soviet legal framework, have also been studied. During the years of independence in Ukraine there was an improvement of legislative regulation of the right to reproductive health in accordance with modern international standards and concepts, most initiatives for the development of this rule in Ukraine had international origins, especially regarding the legal right of every citizen families, opportunities for equal access to medical services in case of reproductive dysfunction, including the need for assisted reproductive technologies. The issues of legislative provision of women's health care before, during and after childbirth, prevention of sexually transmitted infections, reduction of abortions in combination with the program of actions with consolidation of the right of men and women to inform about the range of modern safe and means, contraception, infertility prevention and the possibility of using modern assisted reproductive technologies of family planning, were considered separately. Conclusions. The study concludes that domestic national legislation generally complies with the provisions of international legal acts of a universal nature, the legislative and regulatory framework in the field of reproductive health meets the established principles of public policy and European legislative initiatives ratified by Ukraine. Unstable financing of planned measures affects their effectiveness; state control over the implementation of legislation in this area is ineffective. The current moratorium on the planning and approval of national programs complicates the implementation of previously planned measures. The level of public awareness about the causes of reproductive problems, legislative reproductive rights and ways to prevent diseases remains low. Legal nihilism, combined with the spread of destructive behavioral stereotypes in society, contributes to the deterioration of reproductive health and the health of the general population. Key words: preservation and strengthening of reproductive health, family planning, normative-legal provision.
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