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
Armenia
Armenia was among the 33 states analysed, see detailed document at http://bit.ly/ArmeniaECSR2020. The reference period examined was from 1 January 2015 to 31 December 2018. Eight provisions were examined in respect of Armenia in 2020, in six out of them the Committee found that the situation in Armenia was not in conformity with the European Social Charter, and in respect of the other two provisions 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 Armenia under the Revised Social Charter.
Key findings for Armenia on the provisions of the Social Charter examined in 2020:
· Right to work (Article 1);
- Paragraph 1 – Policy of full employment
The Committee concludes that the situation in Armenia is not in conformity with Article 1§1 of the Charter on the ground that employment policy efforts have not been adequate in combatting unemployment and promoting job creation
- Paragraph 2 – Freely undertaken work (non-discrimination, prohibition of forced labour, other aspects)
The Committee concludes that the situation in Armenia is not in conformity with Article 1§2 of the Charter on the grounds that:
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- indirect discrimination is not defined and prohibited by the legislation;
- discrimination is not prohibited in connection with recruitment in employment;
- there is no protection against discrimination in employment on grounds of sexual orientation;
- the upper limit on the amount of compensation awarded in discrimination cases might preclude damages from fully compensating the loss suffered and from being a sufficient deterrent;
- it has not been established that legislation provides for a shift in the burden of proof in discrimination cases;
- all posts in the civil service are reserved to Armenian citizens;
- the duration of alternative civil service amounts to an excessive restriction of the right to earn one’s living in an occupation freely entered upon.
- Paragraph 3 – Free placement services
The Committee concludes that the situation in Armenia is not in conformity with Article 1§3 of the Charter on the ground that it has not been established that free employment services operate in an efficient manner.
· Right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15);
- Paragraph 2 – Employment of persons with disabilities
Pending receipt of the information requested, the Committee defers its conclusion to a later date.
- Paragraph 3 – Integration and participation of persons with disabilities in the life of the community
The Committee concludes that the situation in Armenia is not in conformity with Article 15§3 of the Charter on the grounds that:
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- during the reference period, there was no legislation prohibiting discrimination on grounds of disabilities covering the fields of housing, transport, telecommunications and cultural and leisure activities;
- it has not been established that persons with disabilities have effective access to housing;
- it has not been established that persons with disabilities have effective access transport.
· Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex (Article 20); the focus of the 2020 examination was on equal pay.
The Committee concludes that the situation in Armenia is not in conformity with Article 20 (c) of the Charter on the grounds that:
§ there is no explicit statutory guarantee of equal pay for women and men for equal work or work of equal value;
§ the upper limit on the amount of compensation that may be awarded in gender discrimination cases may preclude damages from making good the loss suffered and from being sufficiently dissuasive;
§ it has not been established that legislation provides for a shift in the burden of proof in gender pay discrimination cases;
§ the obligation to make measurable progress in reducing the gender pay gap has not been fulfilled.
· Right to protection in cases of termination of employment (Article 24).
Pending receipt of the information requested, the Committee defers its conclusion.
DEGREE OF COMPLIANCE WITH THE PROVISIONS OF THE CHARTER ON RIGHTS RELATING TO EMPLOYMENT, TRAINING AND EQUAL OPPORTUNITIES IN ALL THE COUNTRIES EXAMINED:
Council of Europe
