Stop Violence Against Women
European Committee of Social Rights
last updated November 1, 2003

Type of Mechanism

 

Collective complaints to the European Committee of Social Rights

 

Scope of the Procedure

The rights enumerated in the European Social Charter and the Revised Charter, as elaborated in the Additional Protocol (ETS No. 158).

 

Who can Submit a Complaint?

NGOs with consultative status and which are included on a list drawn up by the Governmental Committee, international organizations of employers and trade unions.  NGOs must be from States that have ratified the Additional Protocol.  N.b.- to date, only Bulgaria and Slovenia of the CEE and FSU Member States have ratified the Protocol. 

 

Role of Advocates

NGOs with consultative status and which are included on a specific list can submit complaints.  The list of organizations entitled to lodge complaints with the Committee can be accessed under "collective complaints" on the website of the European Social Charter.

 

Available Remedies

Resolution adopted by the Committee of Ministers and possibly recommendations on specific measures to bring the State into compliance.

 

How to Submit

a Complaint

Complaints under the Additional Protocol to the Social Charter must be submitted in either English or French and must contain the following information:

 

(1)  the name and contact details of the organization submitting the complaint;

(2)  proof that the person submitting and signing the complaint is entitled to represent the organization lodging the complaint;

(3)  the State against which the complaint is directed;

(4)  an indication of the provisions of the Social Charter that have allegedly been violated;

(5)  the subject matter of the complaint, meaning a detailed argument about how the particular State is not in compliance with the Social Charter, including supporting documents.

 

Where to Send Communications

Secretary General (Walter Schwimmer)

Council of Europe

Avenue de l'Europe

F - 67075 STRASBOURG CEDEX

 

Tel.: + 33 (0)3 88 41 20 00

Fax: + 33 (0)3 88 41 27 81

 

How the Complaint Procedure Works

A Committee of Independent Experts examines the complaint and either finds in admissible or inadmissible.

 

If admissible, the written procedure begins and the parties exchange memorials.  The Committee may hold a public hearing. 

 

Once the Committee makes a decision on the merits, it forwards it to the parties concerned and the Committee of Ministers.  In four months, the report is made public.

 

The Committee of Ministers adopts a resolution and may recommend that the State implement specific measures in compliance with the Social Charter.

 

Advantages/ Disadvantages

A complaint can bring public attention to an issue, but it may be difficult for advocates use this mechanism to address issues of violence, as has been possible in the UN system, under the Committee on Economic, Social and Cultural Rights in the form of shadow reports.  Of the complaints considered by the Commission, however, some do address issues of equality of opportunity and treatment of men and women in the workplace and the right to medical assistance, topics which could be implicated in cases of gender-based violence. 

 

Few NGOs meet the requirements necessary to submit a complaint under this mechanism and, to date, only 14 complaints have been lodged with the Committee

 

 

Additional Resources

 

The Council of Europe webpage on collective complaints under the European Social Charter has links to organizations that are entitled to use this mechanism as well as the complaints lodged to date with the European Committee of Social Rights.

 

The Directorate General of Human Rights for the Council of Europe also hosts a webpage with information on the Presentation of Collective Complaints, which lists much of the same information as above, but in a modified format.

 

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