Strasbourg, 24.03.2021 – The European Committee of Social Rights (ECSR) today published its Conclusions 2020 on the provisions of the European Social Charter relating to employment, training and equal opportunities:
- the right to work (Article 1);
- the right to vocational guidance (Article 9);
- the right to vocational training (Article 10);
- the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15);
- the right to engage in a gainful occupation in the territory of other States Parties (Article 18);
- the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex (Article 20);
- the right to protection in cases of termination of employment (Article 24);
- the right of workers to the protection of their claims in the event of the insolvency of their employer (Article 25).
In the framework of the reporting procedure, the Committee adopted 349 conclusions in respect of 33 States, including 152 conclusions of non-conformity and 97 conclusions of conformity. In 100 cases, the Committee was unable to assess the situation due to lack of information (“deferrals”).
The following 33 countries were examined:
Albania, Andorra, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Georgia, Germany, Hungary, Iceland, Latvia, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, the Netherlands in respect of Curacao, the Netherlands in respect of Sint Maarten, North Macedonia, Poland, Romania, the Russian Federation, Serbia, the Slovak Republic, Slovenia, Spain, Sweden, Turkey, Ukraine and the United Kingdom.
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The Committee emphasised that the prevalence of poverty amongst people with disabilities is an important indicator of the success or failure of state efforts to ensure their right to enjoy independence, social integration and participation in the life of the community.
The duty of states to take measures to promote the full social integration and participation of persons with disabilities in the life of the community is strongly linked to measures directed towards the amelioration and eradication of poverty amongst them.
The Committee also identified several recurrent shortcomings in terms of countries’ efforts to ensure equal enjoyment of labour rights for all. It highlighted problems such as insufficient protection against discrimination in employment and a failure of some states to guarantee equal rights to men and women – in particular as regards equal pay. The Committee also flagged a lack of legislation providing for a shift in the burden of proof in gender pay discrimination cases.
The Committee also found situations where states have failed to fulfil their positive obligations to prevent forced labour and labour exploitation, to protect victims, to effectively investigate the offences committed, and to punish those responsible for forced labour offences.
Another issue identified, particularly relevant in the current pandemic situation, was the lack in certain countries of special measures for the retraining and reintegration of long-term unemployed persons. In some cases, the efforts to combat unemployment and encourage job creation remained inadequate.
Furthermore, the Committee made public its Findings 2020 in respect of Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy and Portugal concerning follow-up to decisions (in the framework of collective complaints).
Press briefing elements – Findings 2020
Conclusions 2020 highlights
Council of Europe Communications
