prop · GL0382 · 1998-01-01 00:00:00 — a to take measures within the framework of an overall and coordinated approach to promote the effective access of persons who live or risk living in a situation of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and assistance; b to review these measures with a view to their adaptation if necessary. Article 31 The right to housing With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed: 1 to promote access to housing of an adequate standard; 2 to prevent and reduce homelessness with a view to its gradual elimination; 3 to make the price of housing accessible to those without adequate resources. 1 Subject to the provisions of Article B below, each of the Parties undertakes: a to consider Part I of this Charter as a declaration of the aims which it will pursue by all appropriate means, as stated in the introductory paragraph of that part; b to consider itself bound by at least six of the following nine articles of Part II of this Charter: Articles 1, 5, 6, 7, 12, 13, 16, 19 and 20; c to consider itself bound by an additional number of articles or numbered paragraphs of Part II of the Charter which it may select, provided that the total number of articles or numbered paragraphs by which it is bound is not less than sixteen articles or sixtythree numbered paragraphs. 2 The articles or paragraphs selected in accordance with subparagraphs b and c of paragraph 1 of this article shall be notified to the Secretary General of at the time when the instrument of ratification, acceptance or approval is deposited. 3 may, at a later date, declare by notification addressed to the Secretary General that it considers itself bound by any articles or any numbered paragraphs of Part II of the Charter which it has not already accepted under the terms of paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an integral part of the ratification, acceptance or approval and shall have the same effect as from the first day of the month following the expiration of a period of one month after the date of the notification. 4 Each Party shall maintain a system of labour inspection appropriate to national conditions. Article B Links with Social Charter and the 1988 Additional Protocol 1 No Contracting Party to Social Charter or Party to the Additional Protocol of 5 1988 may ratify, accept or approve this Charter without considering itself bound by at least the provisions corresponding to the provisions of Social Charter and, where appropriate, of the Additional Protocol, to which it was bound. 2 Acceptance of the obligations of any provision of this Charter shall, from the date of entry into force of those obligations for the Party concerned, result in the corresponding provision of Social Charter and, where appropriate, of its Additional Protocol of 1988 ceasing to apply to the Party concerned in the event of that Party being bound by the first of those instruments or by both instruments. Article C Supervision of the implementation of the undertakings contained in this Charter The implementation of the legal obligations contained in this Charter shall be submitted to the same supervision as Social Charter. Article D Collective complaints 1 The provisions of the Additional Protocol to Social Charter providing for a system of collective complaints shall apply to the undertakings given in this Charter for the States which have ratified the said Protocol. 2 which is not bound by the Additional Protocol to Social Charter providing for a system of collective complaints may when depositing its instrument of ratification, acceptance or approval of this Charter or at any time thereafter, declare by notification addressed to the Secretary General of , that it accepts the supervision of its obligations under this Charter following the procedure provided for in the said Protocol. The enjoyment of the rights set forth in this Charter shall be secured without discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national extraction or social origin, health, association with a national minority, birth or other status. Article F Derogations in time of war or public emergency 1 In time of war or other public emergency threatening the life of the nation any Party may take measures derogating from its obligations under this Charter to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2 which has availed itself of this right of derogation shall, within a reasonable lapse of time, keep the Secretary General of fully informed of the measures taken and of the reasons therefor. It shall likewise inform the Secretary General when such measures have ceased to operate and the provisions of the Charter which it has accepted are again being fully executed. 1 The rights and principles set forth in Part I when effectively realised, and their effective exercise as provided for in Part II, shall not be subject to any restrictions or limitations not specified in those parts, except such as are prescribed by law and are necessary in a democratic society for the protection of the rights and freedoms of others or for the protection of public interest, national security, public health, or morals. 2 The restrictions permitted under this Charter to the rights and obligations set forth herein shall not be applied for any purpose other than that for which they have been prescribed. Article H Relations between the Charter and domestic law or international agreements The provisions of this Charter shall not prejudice the provisions of domestic law or of any bilateral or multilateral treaties, conventions or agreements which are already in force, or may come into force, under which more favourable treatment would be accorded to the persons protected. Article I Implementation of the undertakings given 1 Without prejudice to the methods of implementation foreseen in these articles the relevant provisions of Articles 1 to 31 of Part II of this Charter shall be implemented by: a laws or regulations; b agreements between employers or employers organisations and workers organisations; c a combination of those two methods; d other appropriate means. 2 Compliance with the undertakings deriving from the provisions of paragraphs 1, 2, 3, 4, 5 and 7 of Article 2, paragraphs 4, 6 and 7 of Article 7, paragraphs 1, 2, 3 and 5 of Article 10 and Articles 21 and 22 of Part II of this Charter shall be regarded as effective if the provisions are applied, in accordance with paragraph 1 of this article, to the great majority of the workers concerned. 1 amendment to Parts I and II of this Charter with the purpose of extending the rights guaranteed in this Charter as well as any amendment to Parts III to VI, proposed by a Party or by , shall be communicated to the Secretary General of by the Secretary General to the Parties to this Charter. 2 amendment proposed in accordance with the provisions of the preceding paragraph shall be examined by which shall submit the text adopted to for approval after consultation with the Parliamentary Assembly. After its approval by this text shall be forwarded to the Parties for acceptance. 3 amendment to Part I and to Part II of this Charter shall enter into force, in respect of those Parties which have accepted it, on the first day of the month following the expiration of a period of one month after the date on which three Parties have informed the Secretary General that they have accepted it. In respect of any Party which subsequently accepts it, the amendment shall enter into force on the first day of the month following the expiration of a period of one month after the date on which that Party has informed the Secretary General of its acceptance. 4 amendment to Parts III to VI of this Charter shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it. Article K Signature, ratification and entry into force 1 This Charter shall be open for signature by the member States of . It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of . 2 This Charter shall enter into force on the first day of the month following the expiration of a period of one month after the date on which three member States of have expressed their consent to be bound by this Charter in accordance with the preceding paragraph. 3 In respect of any member State which subsequently expresses its consent to be bound by this Charter, it shall enter into force on the first day of the month following the expiration of a period of one month after the date of the deposit of the instrument of ratification, acceptance or approval. Article L Territorial application 1 This Charter shall apply to the metropolitan territory of each Party. Each signatory may, at the time of signature or of the deposit of its instrument of ratification, acceptance or approval, specify, by declaration addressed to the Secretary General of , the territory which shall be considered to be its metropolitan territory for this purpose. 2 signatory may, at the time of signature or of the deposit of its instrument of ratification, acceptance or approval, or at any time thereafter, declare by notification addressed to the Secretary General of , that the Charter shall extend in whole or in part to a nonmetropolitan territory or territories specified in the said declaration for whose international relations it is responsible or for which it assumes international responsibility. It shall specify in the declaration the articles or paragraphs of Part II of the Charter which it accepts as binding in respect of the territories named in the declaration. 3 The Charter shall extend its application to the territory or territories named in the aforesaid declaration as from the first day of the month following the expiration of a period of one month after the date of receipt of the notification of such declaration by the Secretary General. 4 may declare at a later date by notification addressed to the Secretary General of that, in respect of one or more of the territories to which the Charter has been applied in accordance with paragraph 2 of this article, it accepts as binding any articles or any numbered paragraphs which it has not already accepted in respect of that territory or territories. Such undertakings subsequently given shall be deemed to be an integral part of the original declaration in respect of the territory concerned, and shall have the same effect as from the first day of the month following the expiration of a period of one month after the date of receipt of such notification by the Secretary General. 1 may denounce this Charter only at the end of a period of five years from the date on which the Charter entered into force for it, or at the end of any subsequent period of two years, and in either case after giving six months notice to the Secretary General of who shall inform the other Parties accordingly. 2 may, in accordance with the provisions set out in the preceding paragraph, denounce any article or paragraph of Part II of the Charter accepted by it provided that the number of articles or paragraphs by which this Party is bound shall never be less than sixteen in the former case and sixtythree in the latter and that this number of articles or paragraphs shall continue to include the articles selected by the Party among those to which special reference is made in Article A, paragraph 1, subparagraph b. 3 may denounce the present Charter or any of the articles or paragraphs of Part II of the Charter under the conditions specified in paragraph 1 of this article in respect of any territory to which the said Charter is applicable, by virtue of a declaration made in accordance with paragraph 2 of Article L. The appendix to this Charter shall form an integral part of it. The Secretary General of shall notify the member States of the Council and the Director General of the International Labour Office of: a any signature; b the deposit of any instrument of ratification, acceptance or approval; c any date of entry into force of this Charter in accordance with Article K; d any declaration made in application of Articles A, paragraphs 2 and 3, D, paragraphs 1 and 2, F, paragraph 2, L, paragraphs 1, 2, 3 and 4; e any amendment in accordance with Article J; f any denunciation in accordance with Article M; g any other act, notification or communication relating to this Charter. In witness whereof, the undersigned, being duly authorised thereto, have signed this revised Charter. Done at , this 3rd day of 1996, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of . The Secretary General of shall transmit certified copies to each member State of the Director General of the International Labour Office. APPENDIX TO THE REVISED EUROPEAN SOCIAL CHARTER Scope of the Revised European Social Charter in terms of persons protected 1 Without prejudice to Article 12, paragraph 4, and Article 13, paragraph 4, the persons covered by Articles 1 to 17 and 20 to 31 include foreigners only in so far as they are nationals of other Parties lawfully resident or working regularly within the territory of the Party concerned, subject to the understanding that these articles are to be interpreted in the light of the provisions of Articles 18 and 19. This interpretation would not prejudice the extension of similar facilities to other persons by any of the Parties. 2 Each Party will grant to refugees as defined in the Convention relating to the Status of Refugees, signed in on 28 1951 and in the Protocol of 31 January 1967, and lawfully staying in its territory, treatment as favourable as possible, and in any case not less favourable than under the obligations accepted by the Party under the said convention and under any other existing international instruments applicable to those refugees. 3 Each Party will grant to stateless persons as defined in the Convention on the Status of Stateless Persons done in on and lawfully staying in its territory, treatment as favourable as possible and in any case not less favourable than under the obligations accepted by the Party under the said instrument and under any other existing international instruments applicable to those stateless persons. Part I, paragraph 18, and Part II, Article 18, paragraph 1 It is understood that these provisions are not concerned with the question of entry into the territories of the Parties and do not prejudice the provisions of Convention on , signed in on . Article 1, paragraph 2 This provision shall not be interpreted as prohibiting or authorising any union security or practice. Article 2, paragraph 6 Parties may provide that this provision shall not apply: a to workers having a contract or employment relationship with a total duration not exceeding one month and/or with a working week not exceeding eight hours; b where the contract or employment relationship is of a casual and/or specific nature, provided, in these cases, that its nonapplication is justified by objective considerations. Article 3, paragraph 4 It is understood that for the purposes of this provision the functions, organisation and conditions of operation of these services shall be determined by national laws or regulations, collective agreements or other means appropriate to national conditions. Article 4, paragraph 4 This provision shall be so understood as not to prohibit immediate dismissal for any serious offence. Article 4, paragraph 5 It is understood that a Party may give the undertaking required in this paragraph if the great majority of workers are not permitted to suffer deductions from wages either by law or through collective agreements or arbitration awards, the exceptions being those persons not so covered. Article 6, paragraph 4 It is understood that each Party may, insofar as it is concerned, regulate the exercise of the right to strike by law, provided that any further restriction that this might place on the right can be justified under the terms of Article G. Article 7, paragraph 2 This provision does not prevent Parties from providing in their legislation that young persons not having reached the minimum age laid down may perform work in so far as it is absolutely necessary for their vocational training where such work is carried out in accordance with conditions prescribed by the competent authority and measures are taken to protect the health and safety of these young persons. Article 7, paragraph 8 It is understood that a Party may give the undertaking required in this paragraph if it fulfils the spirit of the undertaking by providing by law that the great majority of persons under eighteen years of age shall not be employed in night work. Article 8, paragraph 2 This provision shall not be interpreted as laying down an absolute prohibition. Exceptions could be made, for instance, in the following cases: a if an employed woman has been guilty of misconduct which justifies breaking off the employment relationship; b if the undertaking concerned ceases to operate; c if the period prescribed in the employment contract has expired. Article 12, paragraph 4 The words "and subject to the conditions laid down in such agreements" in the introduction to this paragraph are taken to imply inter alia that with regard to benefits which are available independently of any insurance contribution, a Party may require the completion of a prescribed period of before granting such benefits to nationals of other Parties. Article 13, paragraph 4 Governments not Parties to Convention on Social and Assistance may ratify the Charter in respect of this paragraph provided that they grant to nationals of other Parties a treatment which is in conformity with the provisions of the said convention. It is understood that the protection afforded in this provision covers singleparent families. It is understood that this provision covers all persons below the age of 18 years, unless under the law applicable to the child majority is attained earlier, without prejudice to the other specific provisions provided by the Charter, particularly Article 7. This does not imply an obligation to provide compulsory education up to the abovementioned age. Article 19, paragraph 6 For the purpose of applying this provision, the term "family of a foreign worker" is understood to mean at least the worker s spouse and unmarried children, as long as the latter are considered to be minors by the receiving State and are dependent on the migrant worker. 1 It is understood that social security matters, as well as other provisions relating to unemployment benefit, old age benefit and survivor s benefit, may be excluded from the scope of this article. 2 Provisions concerning the protection of women, particularly as regards pregnancy, confinement and the postnatal period, shall not be deemed to be discrimination as referred to in this article. 3 This article shall not prevent the adoption of specific measures aimed at removing de facto inequalities. 4 Occupational activities which, by reason of their nature or the context in which they are carried out, can be entrusted only to persons of a particular sex may be excluded from the scope of this article or some of its provisions. This provision is not to be interpreted as requiring the Parties to embody in laws or regulations a list of occupations which, by reason of their nature or the context in which they are carried out, may be reserved to persons of a particular sex. Articles 21 and 22 1 For the purpose of the application of these articles, the term "workers representatives" means persons who are recognised as such under national legislation or practice. 2 The terms "national legislation and practice" embrace as the case may be, in addition to laws and regulations, collective agreements, other agreements between employers and workers representatives, customs as well as relevant case law. 3 For the purpose of the application of these articles, the term "undertaking" is understood as referring to a set of tangible and intangible components, with or without legal personality, formed to produce goods or provide services for financial gain and with power to determine its own market policy. 4 It is understood that religious communities and their institutions may be excluded from the application of these articles, even if these institutions are "undertakings" within the meaning of paragraph 3. pursuing activities which are inspired by certain ideals or guided by certain moral concepts, ideals and concepts which are protected by national legislation, may be excluded from the applica- tion of these articles to such an extent as is necessary to protect the orientation of the undertaking. 5 It is understood that where in a state the rights set out in these articles are exercised in the various of the undertaking, the Party concerned is to be considered as fulfilling the obligations deriving from these provisions. 6 The Parties may exclude from the field of application of these articles, those undertakings employing less than a certain number of workers, to be determined by national legislation or practice. 1 This provision affects neither the powers and obligations of states as regards the adoption of health and safety regulations for workplaces, nor the powers and responsibilities of the bodies in charge of monitoring their application. 2 The terms "social and sociocultural services and facilities" are understood as referring to the social and/or cultural facilities for workers provided by some undertakings such as welfare assistance, sports fields, rooms for nursing mothers, libraries, children s holiday camps, etc. Article 23, paragraph 1 For the purpose of the application of this paragraph, the term "for as long as possible" refers to the elderly person s physical, psychological and intellectual capacities. 1 It is understood that for the purposes of this article the terms "termination of employment" and "terminated" mean termination of employment at the initiative of the employer. 2 It is understood that this article covers all workers but that a Party may exclude from some or all of its protection the following categories of employed persons: a workers engaged under a contract of employment for a specified period of time or a specified task; b workers undergoing a period of probation or a qualifying period of employment, provided that this is determined in advance and is of a reasonable duration; c workers engaged on a casual basis for a short period. 3 For the purpose of this article the following, in particular, shall not constitute valid reasons for termination of employment: a trade union membership or participation in union activities outside working hours, or, with the consent of the employer, within working hours; b seeking office as, acting or having acted in the capacity of a workers representative; c the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities; d race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; e maternity or parental leave; f temporary absence from work due to illness or injury.