The collective complaints system of the European Social Charter: an effective mechanism for ensuring compliance with economic and social rights?

Robin R. Churchill, Urfan Khaliq

    Research output: Contribution to journalArticle

    Abstract

    In 1995 the Council of Europe, as part of the revitalization process of the European Social Charter, adopted a Protocol providing for a system of collective complaints. The Protocol came into force in 1998. So far 23 complaints have been lodged under it. The aim of this article is to critically examine the practical operation of this collective complaints system during its first five years. After placing the system in a general human rights context by giving an overview of mechanisms for ensuring compliance with other treaties concerned with economic and social rights, the article then analyses the system for making collective complaints and its functioning in practice to date. The latter part of the article considers the likely utility and effectiveness of the system and concludes that without a major change in the practice hitherto of the Committee of Ministers, the system is unlikely to achieve its objectives. © Oxford University Press 2004
    Original languageEnglish
    Pages (from-to)417-456
    Number of pages40
    JournalEuropean Journal of International Law
    Volume15
    Issue number3
    DOIs
    Publication statusPublished - Jun 2004

    Keywords

    • European Social Charter
    • Collective complaints system

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