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European Committee of Social Rights : conclusions about Romania´s compliance with the European Social Charter related to health, social security and social protection: 7 violations
The European Committee of Social Rights (ECSR) Wednesday ( January 24 ) published its annual conclusions for 2017 in respect of 33 States Parties (European Social Charter (1961) and European Social Charter (revised) (1996)) showing 175 violations (36%), 228 situations of conformity (47%) and 83 cases (17%) where the Committee was unable to assess the situation due to lack of information, known as “deferrals”.
The Committee expressed concern over the fact that, in many countries, poverty rate in Europe is unacceptably high and the measures taken to remedy this fundamental problem are insufficient. In particular, in many States the social security benefits (notably in respect of unemployment and old age) are well below the poverty line, even when taking into account social assistance, which remains too low.
In addition, the Committee found that many States had failed to take adequate steps to address the persistently high levels of infant and maternal mortality and to reduce the high number of fatal accidents at the workplace.
The Committee examined the State reports of the following 33 countries: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Georgia, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Republic of Moldova, Montenegro, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Spain, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
State reports of Greece, Iceland and Luxembourg could not be examined because they were not submitted on time. The conclusions in respect of these countries will be published in the course of the year.
The following chapter concerns Romania, which ratified the Charter on 7 May 1999. The deadline for submitting the 16th report was 31 October 2016 and Romania submitted it on 17 May 2017.
In accordance with the reporting system adopted by the Committee of Ministers at the
1196th meeting of the Ministers’ Deputies on 2-3 April 2014, the report concerns the
following provisions of the thematic group "Health, social security and social protection":
? the right to safe and healthy working conditions (Article 3),
? the right to protection of health (Article 11),
? the right to social security (Article 12),
? the right to social and medical assistance (Article 13),
? the right to benefit from social welfare services (Article 14),
? the right of elderly persons to social protection (Article 23),
? the right to protection against poverty and social exclusion (Article 30).
Romania has accepted all provisions from the above-mentioned group except Article 3§4,
Article 13§4, Article 23 and Article 30.
The reference period was 1 January 2012 to 31 December 2015.
The conclusions relating to Romania concern 13 situations and are as follows:
– 4 conclusions of conformity: Articles 3§1, 11§2, 12§2, 13§2.
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7 conclusions of non-conformity: Articles 3§2, 3§3, 11§1, 12§1, 12§3, 12§4 and 13§1.
In respect of the 2 other situations related to Articles 11§3 and 13§3 the Committee needs
further information in order to examine the situation. The Committee considers that the
absence of the information requested amounts to a breach of the reporting obligation
entered into by Romania under the Charter. The Committee requests the authorities to
remedy this situation by providing the information in the next report.
* * *
In addition, the report contains also information requested by the Committee in Conclusions
2015 in respect of its conclusions of non-conformity due to a repeated lack of information:
? the right of children and young persons to protection – prohibition of employment
under the age of 15 (Article 7§1),
? the right of children and young persons to protection – inclusion of time spent on
vocational training in the normal working time (Article 7§6),
? the right of children and young persons to protection – paid annual
holidays(Article 7§7),
? the right of employed women to protection of maternity – illegality of dismissal
during maternity leave (Article 8§2),
? the right of the family to social, legal and economic protection (Article 16).
The Committee examined this information and adopted the following conclusions:
- 1 conclusion of conformity: Article 8§2,
- 1 conclusion of non-conformity: Article 16,
- 3 deferrals: Articles 7§1, 7§6 and 7§7.
* * *
The next report will deal with the following provisions of the thematic group "Labour Rights":
? the right to just conditions of work (Article 2),
? the right to a fair remuneration (Article 4),
? the right to organise (Article 5),
? the right to bargain collectively (Article 6),
? the right to information and consultation (Article 21),
? the right to take part in the determination and improvement of the working
conditions and working environment (Article 22),
? the right to dignity at work (Article 26).
? the right of workers’ representatives to protection in the undertaking and facilities
to be accorded to them (Article 28)
? the right to information and consultation in collective redundancy procedures
(Article 29).
The report should also contain information requested by the Committee in Conclusions 2016
in respect of its conclusions of non-conformity due to a repeated lack of information:
? the right to work – free placement services (Article 1§3),
? the right to work – vocational guidance, training and rehabilitation (Article 1§4),
? the right of persons with disabilities to independence, social integration and
participation in the life of the community – vocational training for persons with
disabilities (Article 15§1).
The deadline for submitting that report was 31 October 2017. The report was registered on
10 January 2018. Conclusions on the Articles concerned will be published in January 2019.
* * *
Conclusions and reports are available at www.coe.int/socialcharter as well as in the HUDOC
database.
Background:
The European Social Charter is a Council of Europe treaty signed in Turin on 18 October 1961 which safeguards day-to-day freedoms and fundamental rights: housing, health, education, employment, legal and social protection, freedom of movement for individuals, non-discrimination. The substance of the Charter was supplemented by a revised version of 1996.
The European Committee of Social Rights is a body composed of 15 independent and impartial members. It rules on the conformity of the law and practice of the States Parties with the Charter. The Committee has two procedures to ensure that States Parties comply with their commitments under the Charter: national reports and collective complaints. In the framework of the reporting procedure it adopts “conclusions” and in respect of the collective complaints procedure it adopts “decisions”. A Protocol opened for signature in 1995, which came into force in 1998, allows national and international trade union organisations, employers’ organisations and non-governmental organisations to submit to the Committee their complaints about violations of the Charter.