The European Social Charter : : the Protection of Economic and Social Rights in Europe, 2d Edition / / David Harris.
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Superior document: | Procedural Aspects of International Law Series ; Volume 25 |
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VerfasserIn: | |
Place / Publishing House: | Ardsley, NY : : Transnational Publishers, Inc.,, 2000. ©2001 |
Year of Publication: | 2000 |
Edition: | Second edition. |
Language: | English |
Series: | Procedural aspects of international law series ;
Volume 25. |
Physical Description: | 1 online resource. |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Dedication
- Table of Contents
- Editor's Foreword
- Preface
- Abbreviations
- Chapter 1 The Background to the Charter and the Revised Charter
- A. The Drafting of the 1961 Charter
- B. An Outline of the 1961 Charter
- C. The 1988 Additional Protocol to the 1961 Charter
- D. The Revitalization of the European Social Charter
- E. The 1991 Amending Protocol to the 1961 Charter
- F. The 1995 Collective Complaints Protocol to the 1961 Charter
- G. The 1996 Revised European Social Charter
- H. The International Context
- I. The Interpretation of the Charter and the Revised Charter
- Chapter 2 The Substantive Guarantee: The Undertakings in the 1961 European Social Charter, the 1988 Additional Protocol, and the 1996 Revised European Social Charter
- A. The Undertakings in the 1961 European Social Charter
- 1. The General Undertakings in Article 20 of the 1961 Charter
- a. Article 20(1)(a): Undertaking Concerning the Aims of Economic and Social Policy
- b. Article 20(1)(b) and (c): Undertaking to Accept Articles or Paragraphs in Part II of the Charter
- 2. Analysis of the Substantive Guarantee in Articles 1 to 19 of Part II of the 1961 Charter
- Article 1: The Right to Work
- Article 1(1): Full Employment
- Article 1(2): The Right of a Worker to Earn His Living in an Occupation Freely Entered Upon
- Article 1(3): Employment Services
- Article 1(4): Vocational Guidance, Training, and Rehabilitation
- Article 2: The Right to Just Conditions of Work
- Article 2(1): Reasonable Working Hours
- Article 2(2): Public Holidays with Pay
- Article 2(3): Annual Holidays with Pay
- Article 2(4): Holidays and Hours in Dangerous or Unhealthy Occupations
- Article 2(5): Weekly Rest Periods
- Additional Paragraphs to Article 2 in the Revised Social Charter.
- Article 3: The Right to Safe and Healthy Working Conditions
- Article 3(1): The Issue of Health and Safety Regulations
- Article 3(2): Enforcement of Regulations
- Article 3(3) Consultations with Employers' and Workers' Organizations
- Article 3 in the Revised Social Charter
- Article 4: The Right to a Fair Remuneration
- Article 4(1): Adequate Remuneration
- Article 4(2): Remuneration for Overtime Work
- Article 4(3): Equal Pay for Men and Women
- Article 4 (4): Reasonable Notice
- Article 4(5): Deduction from Wages
- Article 5: The Right to Organize
- Article 6: The Right to Bargain Collectively
- Article 6(1): Joint Consultation
- Article 6(2): Machinery for Voluntary Negotiations
- Article 6(3): Machinery for Conciliation and Voluntary Arbitration
- Article 6(4): The Right to Take Collective Action
- Article 7: The Right of Children and Young Persons to Protection
- Article 7(1): Minimum Age of Employment
- Article 7(2): Minimum Age of Employment in Dangerous or Unhealthy Occupations
- Article 7(3): Employment of School Children
- Article 7(4): Hours of Work of Persons Under Sixteen
- Article 7(5): Fair Wages or Allowances for Young Workers and Apprentices
- Article 7(6): Vocational Training During Working Hours
- Article 7(7): Three Weeks Annual Holiday with Pay for Persons Under Eighteen
- Article 7(8): Prohibition of Night Work for Persons Under Eighteen
- Article 7(9): Regular Medical Examination of Persons Under Eighteen
- Article 7(10): Protection of Children and Young Persons Against Physical and Moral Dangers
- Article 8: The Right of Employed Women to Protection
- Article 8(1): Maternity Leave and Pay
- Article 8(2): Dismissal During Maternity Leave
- Article 8(3): Feeding Time for Nursing Mothers
- Article 8(4): Employment of Women in Certain Occupations
- Article 9: The Right to Vocational Guidance.
- Article 10: The Right to Vocational Training
- Article 10(1): Technical and Vocational Training
- Article 10(2): Apprenticeships and Other Arrangements for Training Young Persons
- Article 10(3): Training Facilities for Adults
- Article 10(4): Encouragement of the Full Use of Facilities
- Article 10 in the Revised Social Charter
- Article 11: The Right to Protection of Health
- Article 11(1): Removal of Causes of Ill Health
- Article 11(2): Health Education
- Article 11(3): Prevention of Epidemics, Etc.
- Article 12: The Right to Social Security
- Article 12(1): Establishment or Maintenance of a Social Security System
- Article 12(2) Minimum Permissible Level of a Social Security System
- Article 12(3): Progressive Improvement of the Social Security System
- Article 12(4): Equal Treatment for Nationals of Other Contracting Parties in Social Security Matters
- Article 13: The Right to Social and Medical Assistance
- Article 13(1): Social and Medical Assistance to Persons in Need
- Article 13(2): Non-Discrimination Against Persons in Receipt of Social and Medical Assistance
- Article 13(3): Advice and Personal Help in Case of Want
- Article 13(4): Equality of Treatment
- Article 14: The Right to Benefit from Social Welfare Services
- Article 14(1): Provision or Promotion of Social Welfare Services
- Article 14(2): Encouragement of Private Participation in Social Welfare Services
- Article 15: The Right of Physically or Mentally Disabled Persons to Vocational Training, Rehabilitation, and Social Resettlement
- Article 15(1): Provision of Training Facilities
- Article 15(2): Placement of Disabled Persons
- Article 15 in the Revised Social Charter
- Article 16: The Right of the Family to Social, Legal, and Economic Protection
- Article 16 in the Revised Social Charter.
- Article 17: The Rights of Mothers and Children to Social and Economic Protection
- Article 17 in the Revised Social Charter
- Article 18: The Right to Engage in a Gainful Occupation in the Territory of Other Contracting Parties
- Article 18(1): Liberal Applications of Existing Regulations
- Article 18(2): Simplifications of Regulations and Reduction of Abolition of Charges
- Article 18(3): Liberalization of Regulations
- Article 18(4): The Right of Nationals to Leave the Country for Employment
- Article 19: The Right of Migrant Workers and Their Families to Protection and Assistance
- Article 19(1): Services to Assist Migrant Workers: Action to Prevent Misleading Propaganda
- Article 19(2): Assistance to Migrant Workers in Respect to Their Journey
- Article 19(3): Co-operation Between Social Services
- Article 19(4): Equal Treatment in Respect of Employment, Trade Unions, and Accommodation
- Article 19(5): Equal Treatment in Respect to Taxation
- Article 19(6): Reunion of the Families of Migrant Workers
- Article 19(7): Equal Treatment in Respect to Legal Proceedings
- Article 19(8): Freedom from Expulsion
- Article 19(9): Transfer of Earnings and Savings
- Article 19(10): Extension to Self-Employment Workers
- Article 19 in the Revised Social Charter
- 3. Maintenance of a System of Labor Inspection
- B. The Undertakings in the 1988 Additional Protocol to the 1961 Charter
- 1. The General Undertakings in Article 5 of the Additional Protocol
- a. Article 5(1)(a): Undertaking Concerning the Aims of Economic and Social Policy
- b. Article 5(1)(a): Undertaking to Accept Part II Articles in the Protocol
- 2. Analysis of the Articles of the Protocol
- Article 1: The Right to Equal Opportunities and Equal Treatment in Matters of Employment and Occupation without Discrimination on the Grounds of Sex.
- Article 2: The Right to Information and Consultation
- Article 3: The Right to Take Part in the Determination and Improvement of the Working Conditions and Working Environment
- Article 4: The Rights of the Elderly
- Article 4(1): Adequate Resources and Information About Services and Facilities
- Article 4(2): Housing, Health Care and Other Services
- Article 4(3): Conditions in Institutional Accommodation
- C. The Undertakings in the 1996 Revised European Social Charter
- 1. The General Undertakings in Article A of the Revised Charter
- a. Article A(1)(a): Undertaking Concerning the Aims of Economic and Social Policy
- b. Article A(1)(b): Undertaking to Accept Articles or Paragraphs in Part II of the Revised Charter
- 2. Analysis of the Articles of Part II of the Revised Charter: The Substantive Guarantee
- Articles 1 to 19 of the Revised Charter: Analysis of the Amendments Therein to Articles 1 to 19 of the 1961 Charter
- Article 2(3): Annual Holidays with Pay
- Article 2(4): Extra Holidays or Reduced Working Hours for Dangerous or Unhealthy Work
- Article 2(6): Written Notice of the Contract of Employment
- Article 2(7): Measures to Protect Night Workers
- Article 3: The Right to Safe and Healthy Working Conditions
- Article 3(1): National Policy on Occupational Safety and Health and on the Working Environment
- Articles 3(2) and (3): The Issue and Enforcement of Safety and Health Regulations
- Article 3(4): Occupational Health Services
- Article 7(2): Minimum Age of Employment in Dangerous or Unhealthy Occupations
- Article 7(4): Hours of Work of Persons Under Eighteen
- Article 7(7): Four Weeks Annual Holiday with Pay for Persons Under Eighteen
- Article 8(1): Maternity Leave with Pay
- Article 8(2): Dismissal During Maternity Leave
- Article 8(4): Employment of Women Before or After Child Birth in Night Work.
- Article 8(5): Employment of Women Before and After Childbirth in Dangerous, Unhealthy or Arduous Work.