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European Treaty Series - No. 35

EUROPEAN SOCIAL CHARTER

Turin, 18.X.1961

Preamble

The governments signatory hereto, being members of the Coun­cil of Europe,

Considering that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safe­guarding and realising the ideals and princi­ples which are their common heritage and of facilitating their economic and social prog­ress, in particular by the maintenance and further realisat­ion of human rights and fundamental freedoms;

C­onsidering that in the European Con­vention for the Protec­tion of Human Rights and Fundamental Freedoms signed at Rome on 4th Novem­ber 1950, and the Proto­col thereto signed at Paris on 20th March 1952, the member States of the Council of Europe agreed to secure to their populations the civil and political rights and freedoms therein specified;

Considering that the enjoy­ment of social rights should be secured without discrim­ina­tion on grounds of race, colour, sex, religion, political opinion, national extraction or social ori­gin;

Being re­solved to make every effort in common to improve the standard of living and to promote the social well being of both their urban and rural populations by means of appropriate institu­tions and action,

Have agreed as fol­lows:

Part I

The Contracting Par­ties accept as the aim of their poli­cy, to be pursued by all appropriate means, both national and interna­tional in charac­ter, the attainment of conditions in which the fol­lowing rights and principles may be effec­tively reali­sed:

1 Every­one shall have the opportunity to earn his living in an occupation freely entered upon.

2 All workers have the right to just conditions of work.

3 All workers have the right to safe and healthy working condi­tions.

4 All workers have the right to a fair remunera­tion suffi­cient for a decent standard of living for them­selves and their fami­lies.

5 All workers and employers have the right to freedom of association in national or international orga­nisa­tions for the protection of their economic and social inter­ests.

6 All workers and employers have the right to bargain collec­tively.

7 Children and young persons have the right to a special protection against the physical and moral hazards to which they are exposed.

8 Employed women, in case of mater­nity, and other em­ployed women as appropri­ate, have the right to a special protection in their work.

9 Everyone has the right to appropriate facilities for voca­tional guid­ance with a view to helping him choose an occupa­tion suited to his personal aptitude and interests.

10 Everyone has the right to appro­priate facili­ties for voca­tional training.

11 Everyone has the right to benefit from any measures en­abling him to enjoy the highest possible standard of health attain­able.

12 All workers and their dependents have the right to social securi­ty.

13 Anyone without adequate resources has the right to social and medi­cal assistance.

14 Everyone has the right to benefit from social welfare services.

15 Disabled persons have the right to vocational train­ing, rehabilita­tion and resettlement, whatever the origin and nature of their dis­ability.

16 The family as a fundamental unit of society has the right to appropriate social, legal and economic protec­tion to ensure its full development.

17 Mothers and chil­dren, irrespective of marital status and family relations, have the right to appropriate social and economic protection.

18 The nation­als of any one of the Contracting Parties have the right to engage in any gainful occupation in the territo­ry of any one of the others on a footing of equality with the na­tionals of the latter, subject to restrictions based on cogent economic or social reasons.

19 Migrant workers who are nationals of a Contracting Party and their families have the right to pro­tection and assis­tance in the territory of any other Con­tracting Party.

Part II

The Contracting Par­ties undertake, as provided for in Part III, to consider them­selves bound by the obliga­tions laid down in the following articles and paragraphs.

Article 1 – The right to work

With a view to ensuring the effective exercise of the right to work, the Contracting Parties under­take:

1 to accept as one of their primary aims and respon­sibili­ties the achieve­ment and maintenance of as high and stable a level of employ­ment as possible, with a view to the attainment of full employment;

2 to protect effectively the right of the worker to earn his living in an occupation freely entered upon;

3 to establish or maintain free employ­ment services for all work­ers;

4 to provide or promote appropriate vocational guid­ance, training and reha­bilitation.

Article 2 – The right to just conditions of work

With a view to ensuring the effective exercise of the right to just condi­tions of work, the Contracting Parties undertake:

1 to provide for reasonable daily and weekly working hours, the working week to be progressively reduced to the extent that the increase of productivity and other relevant factors permit;

2 to provide for public holidays with pay;

3 to pro­vide for a minimum of two weeks annual holiday with pay;

4 to provide for additional paid holidays or reduced working hours for workers engaged in dangerous or unhealthy occupa­tions as prescribed;

5 to ensure a weekly rest period which shall, as far as possible, coincide with the day recognised by tradi­tion or custom in the country or region con­cerned as a day of rest.

Article 3 – The right to safe and healthy working conditions

With a view to ensuring the effec­tive exercise of the right to safe and healthy working conditions, the Contract­ing Parties under­take:

1 to issue safety and health regula­tions;

2 to provide for the enforcement of such regulations by measures of super­vision;

3 to consult, as appropriate, employers' and wor­kers' organi­sations on measures intended to improve indus­trial safety and health.

Article 4 – The right to a fair remuneration

With a view to ensuring the effective exercise of the right to a fair remu­neration, the Contracting Parties under­take:

1 to recognise the right of workers to a remu­neration such as will give them and their families a decent standard of living;

2 to recog­nise the right of workers to an increased rate of remunera­tion for overtime work, subject to exceptions in particular cases;

3 to recognise the right of men and women workers to equal pay for work of equal value;

4 to recogn­ise the right of all workers to a reason­able period of notice for termina­tion of employment;

5 to permit deductions from wages only under conditions and to the extent prescribed by national laws or regulations or fixed by col­lective agree­ments or arbitration awards.

The exercise of these rights shall be achieved by freely concluded collective agreements, by statu­tory wage fi­xing machinery, or by other means appro­priate to national conditions.

Article 5 – The right to organise

With a view to ensuring or promot­ing the freedom of workers and employers to form local, national or internation­al organ­isati­ons for the pro­tection of their economic and social interests and to join those organi­satio­ns, the Con­tracting Parties undertake that national law shall not be such as to impair, nor shall it be so applied as to impair, this freedom. The extent to which the guarantees provided for in this article shall apply to the police shall be deter­mined by national laws or regulations. The principle govern­ing the application to the members of the armed forces of these guarantees and the extent to which they shall apply to per­sons in this category shall equally be determined by national laws or regulations.

Article 6 – The right to bargain collectively

With a view to ensuring the effective exercise of the right to bargain collectively, the Contracting Parties under­take:

1 to pro­mote joint con­sulta­tion between workers and employ­ers;

2 to promote, where necessary and appropri­ate, machinery for voluntary negotia­tions between employers or employers' organi­sations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements;

3 to promote the estab­lishment and use of appro­priate machin­ery for conciliation and voluntary arbitration for the settlement of labour dis­putes;

and recognise:

4 the right of workers and employers to collec­tive action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of col­lective agreements previously entered into.

Article 7 – The right of children and young persons to protection

With a view to ensuring the effective exercise of the right of children and young persons to protection, the Con­tracting Parties undertake:

1 to provide that the minimum age of admission to em­ployment shall be 15 years, subject to excep­tions for chil­dren employed in prescribed light work without harm to their health, morals or education;

2 to provide that a higher minimum age of admis­sion to em­ployment shall be fixed with respect to prescribed occupa­tions regarded as dangerous or unhealthy;

3 to pro­vide that persons who are still subject to compulso­ry educa­tion shall not be em­ployed in such work as would deprive them of the full benefit of their education;

4 to provide that the working hours of persons under 16 years of age shall be limited in accordance with the needs of their development, and particularly with their need for voca­tional training;

5 to recognise the right of young workers and apprentic­es to a fair wage or other appropriate allowanc­es;

6 to provide that the time spent by young persons in voca­tional training during the normal working hours with the consent of the employer shall be treated as forming part of the working day;

7 to provide that employed persons of under 18 years of age shall be entitled to not less than three weeks' annual holiday with pay;

8 to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupa­tions provided for by national laws or regula­tions;

9 to provide that persons under 18 years of age employed in occu­pations prescribed by national laws or regu­lations shall be subject to regular medical control;

10 to ensure special protection against physical and moral dangers to which chil­dren and young per­sons are ex­posed, and particu­larly against those resulting directly or indirectly from their work.

Article 8 – The right of employed women to protection

With a view to ensuring the effective exercise of the right of employed women to protection, the Contracting Par­ties under­take:

1 to provide either by paid leave, by ade­quate social securi­ty benefits or by benefits from public funds for women to take leave before and after childbirth up to a total of at least 12 weeks;

2 to consid­er it as unlaw­ful for an employer to give a woman notice of dismissal during her absence on mater­nity leave or to give her notice of dismissal at such a time that the notice would expire during such absence;

3 to provide that mothers who are nursing their infants shall be entitled to sufficient time off for this purpose;

4 a to regulate the employment of women workers on night work in industrial employ­ment;

b to prohibit the employ­ment of women workers in under­ground mining, and, as appropriate, on all other work which is un­suitable for them by reason of its dangerous, unhealthy, or arduous nature.

Article 9 – The right to vocational guidance

With a view to ensuring the effective exercise of the right to vocational guidance, the Contracting Parties under­take to provide or promote, as necessary, a service which will assist all per­sons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relation to occupa­tional opportuni­ty: this assistance should be available free of charge, both to young persons, including school chil­dren, and to adults.

Article 10 – The right to vocational training

With a view to ensuring the effective exer­cise of the right to vocational training, the Contracting Parties under­take:

1 to provide or promote, as necessary, the tech­nical and voca­tional training of all persons, includ­ing the handi­cap­ped, in consul­tation with employers' and workers' organi­sations, and to grant facilities for access to higher techni­cal and uni­versity education, based solely on individu­al aptitude;

2 to pro­vide or promote a system of apprentice­ship and other system­atic arrangements for training young boys and girls in their various employ­ments;

3 to provide or pro­mote, as necessary:

a adequate and readily available train­ing facil­ities for adult workers;

b special facili­ties for the re training of adult workers needed as a result of tech­nological development or new trends in employ­ment;

4 to encourage the full utilisation of the facilities provid­ed by appropriate measures such as:

a reducing or abolishing any fees or charges;

b granting financial assis­tance in appro­priate cases;

c including in the normal working hours time spent on sup­plemen­tary training taken by the worker, at the request of his employer, during employ­ment;

d ensuring, through adequate supervision, in consul­tation with the emplo­yers' and workers' organisations, the efficiency of appren­ticeship and other training arrange­ments for young workers, and the adequate protection of young workers generally.

Article 11 – The right to protection of health

With a view to ensur­ing the effective exercise of the right to protection of health, the Contract­ing Parties under­take, either directly or in co oper­ation with public or private organisations, to take appropriate measures designed inter alia:

1 to remove as far as possible the causes of ill health;

2 to provide advisory and educa­tional facilities for the promotion of health and the encouragement of individ­ual responsibility in matters of health;

3 to prevent as far as possible epidemic, endemic and other diseases.

Article 12 – The right to social security

With a view to ensuring the effective exercise of the right to social secu­rity, the Contracting Parties undertake:

1 to establish or maintain a system of social security;

2 to maintain the social security system at a satisfac­tory level at least equal to that re­quired for ratification of Interna­tion­al Labour Convention (No. 102) Concerning Minimum Stan­dards of Social Security;

3 to endeavour to raise progres­sively the system of social security to a higher level;

4 to take steps, by the conclu­sion of appropriate bilat­eral and multilateral agree­ments, or by other means, and subject to the conditions laid down in such agreements, in order to ensure:

a equal treat­ment with their own nationals of the nationals of other Contracting Parties in respect of social security rights, including the retention of benefits arising out of social security legisla­tion, whatever move­ments the persons protect­ed may undertake between the terri­tories of the Con­tracting Parties;

b the granting, mainte­nance and resump­tion of social securi­ty rights by such means as the accumula­tion of insurance or employment periods com­pleted under the legisla­tion of each of the Contracting Parties.

Article 13 – The right to social and medical assistance

With a view to ensuring the effective exercise of the right to social and medical assistance, the Contracting Parties under­take:

1 to ensure that any person who is with­out adequate resources and who is unable to secure such resources either by his own efforts or from other sourc­es, in particular by benefits under a social security scheme, be granted adequate assis­tance, and, in case of sickness, the care necessitated by his condition;

2 to ensure that persons receiving such assis­tance shall not, for that reason, suffer from a diminu­tion of their political or social rights;

3 to provide that every­one may receive by appropriate public or private servic­es such advice and personal help as may be required to pre­vent, to remove, or to alleviate per­sonal or family want;

4 to apply the provisions referred to in para­graphs 1, 2 and 3 of this article on an equal footing with their nation­als to nationals of other Contracting Par­ties lawfully within their territo­ries, in accordance with their obligations under the European Convention on Social and Medical Assistance, signed at Paris on 11th December 1953.

Article 14 – The right to benefit from social welfare services

With a view to ensuring the effective exercise of the right to benefit from social welfare servic­es, the Contract­ing Parties under­take:

1 to promote or provide services which, by using methods of social work, would contribute to the welfare and develop­ment of both individuals and groups in the community, and to their adjust­ment to the social environ­ment;

2 to encourage the partici­pation of individuals and voluntary or other organisa­tions in the establishment and maintenance of such services.

Article 15 – The right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement

With a view to ensuring the effective exercise of the right of the physically or mentally disabled to vocational training, rehabilitation and resettle­ment, the Contracting Parties undertake:

1 to take adequate measures for the provision of train­ing facilities, including, where necessary, specialised institutions, public or private;

2 to take adequate mea­sures for the placing of disabled persons in employment, such as specialised placing services, facili­ties for sheltered employment and measures to encourage employers to admit disabled persons to employment.

Article 16 – The right of the family to social, legal and economic protection

With a view to ensuring the necessary conditions for the full development of the family, which is a fundamen­tal unit of society, the Contracting Parties under­take to promote the economic, legal and social protection of family life by such means as social and family benefits, fiscal arrangements, provision of family housing, benefits for the newly married, and other appropri­ate means.

Article 17 – The right of mothers and children to social and economic protection

With a view to ensuring the effective exercise of the right of mothers and children to social and economic protec­tion, the Contracting Parties will take all appropriate and neces­sary measures to that end, including the establ­ish­ment or maintenance of appropriate institutions or services.

Article 18 – The right to engage in a gainful occupation in the territory of other Contracting Parties

With a view to ensuring the effective exercise of the right to engage in a gainful occu­pation in the territory of any other Contracting Party, the Contracting Parties under­take:

1 to apply existing regula­tions in a spirit of liber­ality;

2 to simplify exist­ing formalities and to reduce or abolish chancery dues and other charges payable by foreign workers or their employers;

3 to liberalise, individually or collectively, regula­tions governing the employment of foreign workers;

and recognise:

4 the right of their na­tionals to leave the country to en­gage in a gainful occupa­tion in the territories of the other Con­tracting Parties.

Article 19 – The right of migrant workers and their families to protection and assistance

With a view to ensur­ing the effective exercise of the right of migrant workers and their families to protec­tion and assis­tance in the terri­tory of any other Contracting Party, the Contracting Parties undertake:

1 to maintain or to satisfy themselves that there are main­tained adequate and free ser­vices to assist such workers, particular­ly in obtain­ing accurate information, and to take all appro­pri­ate steps, so far as national laws and regula­tions permit, against mislead­ing propaganda relating to emigration and immigration;

2 to adopt appropriate measures within their own juris­diction to facilitate the departure, journey and reception of such work­ers and their families, and to provide, within their own jurisdic­tion, appropriate ser­vices for health, medical atten­tion and good hygienic condi­tions during the journey;

3 to promote co operation, as appropriate, between social services, public and private, in emigration and immi­gration countries;

4 to secure for such workers lawfully within their territo­ries, insofar as such matters are regulated by law or regula­tions or are subject to the control of adminis­trative author­ities, treatment not less favourable than that of their own nation­als in respect of the following matters:

a remunera­tion and other employment and working conditions;

b member­ship of trade unions and enjoy­ment of the benefits of collec­tive bargaining;

c accommo­dation;

5 to secure for such workers lawfully within their territo­ries treatment not less favourable than that of their own nationals with regard to employment taxes, dues or contribu­tions payable in respect of employed persons;

6 to facili­tate as far as possible the reunion of the family of a for­eign worker per­mitted to estab­lish himself in the terri­tory;

7 to secure for such workers lawfully within their territo­ries treatment not less favou­rable than that of their own nationals in respect of legal proceedings relating to matters referred to in this article;

8 to secure that such workers lawfully residing within their territories are not expelled unless they endan­ger national security or offend against public interest or moral­ity;

9 to permit, within legal limits, the transfer of such parts of the earnings and sav­ings of such workers as they may desire;

10 to extend the protection and assistance provided for in this article to self employed migrants insofar as such mea­sures apply.

Part III

Article 20 – Undertakings

1 Each of the Contract­ing Parties under­takes:

a to consider Part I of this Char­ter as a declara­tion of the aims which it will pursue by all appro­pri­ate means, as stated in the introducto­ry paragraph of that part;

b to consider itself bound by at least five of the follow­ing articles of Part II of this Charter: Articles 1, 5, 6, 12, 13, 16 and 19;

c in addi­tion to the articles selected by it in accordance with the preceding sub paragraph, to consider itself bound by such a number of articles or numbered para­graphs of Part II of the Charter as it may select, provided that the total number of articles or num­bered paragraphs by which it is bound is not less than 10 articles or 45 numbered para­graphs.

2 The articles or paragraphs selected in accordance with sub parag­raphs b and c of paragraph 1 of this arti­cle shall be notified to the Secretary General of the Council of Europe at the time when the instrument of ratification or approval of the Contracting Party concerned is deposited.

3 Any Con­tracting Party may, at a later date, declare by noti­fication to the Secretary Ge­neral that it considers itself bound by any articles or any numbered para­graphs of Part II of the Charter which it has not already accepted under the terms of paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an integral part of the ratifica­tion or approv­al, and shall have the same effect as from the thirtieth day after the date of the notification.

4 The Secretary General shall communicate to all the signato­ry governments and to the Director General of the Interna­tional Labour Office any notification which he shall have received pursuant to this part of the Charter.

5 Each Con­tracting Party shall maintain a system of labour inspec­tion appropri­ate to national condi­tions.

Part IV

Article 21 – Reports concerning accepted provisions

The Con­tracting Par­ties shall send to the Secretary Gene­ral of the Council of Europe a report at two y­early inter­vals, in a form to be determined by the Committee of Minis­ters, concerning the application of such provisions of Part II of the Charter as they have accepted.

Article 22 – Reports concerning provisions which are not accepted

The Contracting Parties shall send to the Secretary Gene­ral, at appropriate intervals as requested by the Committee of Minis­ters, reports relating to the provisions of Part II of the Charter which they did not accept at the time of their rati­fication or approval or in a subsequent notifica­tion. The Committee of Ministers shall determine from time to time in respect of which provi­sions such reports shall be requested and the form of the reports to be provided.

Article 23 – Communication of copies

1 Each Contracting Party shall communicate copies of its reports referred to in Articles 21 and 22 to such of its national organisations as are members of the international organisations of employers and trade unions to be invited under Article 27, paragraph 2, to be represent­ed at meetings of the Sub committee of the Gov­ernmental Social Committee.

2 The Contracting Parties shall forward to the Secreta­ry Gen­eral any comments on the said reports re­ceived from these national organisations, if so requested by them.

Article 24 – Examination of the reports

The reports sent to the Secretary General in accordance with Articles 21 and 22 shall be examined by a Committee of Ex­perts, who shall have also before them any comments forwarded to the Secretar­y Gen­eral in accordance with paragraph 2 of Article 23.

Article 25 – Committee of Experts

1 The Committee of Experts shall con­sist of not more than seven members appoint­ed by the Commit­tee of Ministers from a list of independent experts of the highest integrity and of recogni­sed competence in inter­na­tional social ques­tions, nominated by the Contract­ing Parties.

2 The members of the committee shall be ap­pointed for a period of six years. They may be reappointed. Howev­er, of the members first appointed, the terms of office of two members shall expire at the end of four years.

3 The mem­bers whose terms of office are to expire at the end of the initial period of four years shall be chosen by lot by the Committee of Minis­ters immediately after the first ap­pointment has been made.

4 A member of the Committee of Experts ap­pointed to replace a member whose term of office has not expired shall hold office for the remainder of his predecess­or's term.

Article 26 – Participation of the International Labour Organisation

The International Labour Organisation shall be invited to nomi­nate a representative to participate in a consultative capac­ity in the deliberations of the Committee of Experts.

Article 27 – Sub-committee of the Governmental Social Committee

1 The reports of the Contract­ing Parties and the conclu­sions of the Committee of Experts shall be submitted for examination to a sub commi­ttee of the Governmental Social Committee of the Council of Europe.

2 The sub committee shall be composed of one repre­senta­tive of each of the Con­tracting Parties. It shall invite no more than two interna­tional organisations of em­ployers and no more than two inter­national trade union organ­isations as it may designate to be represented as ob­servers in a consulta­tive capacity at its meetings. More­over, it may consult no more than two repre­sentatives of international non governmen­tal organisations having consulta­tive status with the Council of Europe, in respect of ques­tions with which the organisa­tions are partic­ularly qualified to deal, such as social welfare, and the economic and social protection of the fami­ly.

3 The sub co­mmittee shall present to the Committee of Minis­ters a report containing its conclusions and append the report of the Committee of Experts.

Article 28 – Consultative Assembly

The Secretary Gen­eral of the Coun­cil of Europe shall transmit to the Consulta­tive Assembly the con­clusions of the Commit­tee of Experts. The Consultative Assembly shall commu­nicate its views on these conclusions to the Committee of Ministers.

Article 29 – Committee of Ministers

By a majority of two thirds of the members entitled to sit on the Committee, the Committee of Ministers may, on the basis of the report of the sub comm­ittee, and after consulta­tion with the Consulta­tive Assembly, make to each Contracting Party any necessary recommen­dations.

Part V

Article 30 – Derogations in time of war or public emergency

1 In time of war or other public emergency threatening the life of the nation any Contracting Party may take mea­sures derogating from its obliga­tions under this Charter to the extent strict­ly required by the exigencies of the situa­tion, provided that such measures are not inconsis­tent with its other obligations under international law.

2 Any Con­tracting Party which has availed itself of this right of derogation shall, within a reasonable lapse of time, keep the Secretary Gene­ral of the Council of Europe fully informed of the measures taken and of the reasons therefor. It shall likewise inform the Secretary General when such measures have ceased to operate and the provisions of the Charter which it has accepted are again being fully executed.

3 The Secreta­ry General shall in turn inform other Contract­ing Parties and the Director ­Ge­neral of the Interna­tional Labour Office of all communica­tions re­ceived in accor­dance with paragraph 2 of this article.

Article 31 – Restrictions

1 The rights and prin­ciples set forth in Part I when effec­tively realised, and their effective exercise as provid­ed for in Part II, shall not be subject to any restric­tions or limitations not specified in those parts, except such as are prescribed by law and are necessary in a democratic society for the protection of the rights and freedoms of others or for the protection of public interest, national security, public health, or morals.

2 The restric­tions permitted under this Charter to the rights and obliga­tions set forth herein shall not be applied for any purpose other than that for which they have been prescribed.

Article 32 – Relations between the Charter and domestic law or international agree­ments

The provisions of this Charter shall not preju­dice the provi­sions of domestic law or of any bilateral or multilater­al treaties, conventions or agreements which are already in force, or may come into force, under which more favourable treatment would be accorded to the persons pro­tected.

Article 33 – Implementation by collective agreements

1 In member States where the provisions of paragraphs 1, 2, 3, 4 and 5 of Arti­cle 2, paragraphs 4, 6 and 7 of Article 7 and paragraphs 1, 2, 3 and 4 of Article 10 of Part II of this Charter are matters normally left to agree­ments between employers or employers' organisations and workers' organisat­ions, or are normally carried out otherwise than by law, the undertakings of those paragraphs may be given and compli­ance with them shall be treated as effective if their provisions are applied through such agreements or other means to the great majority of the workers concerned.

2 In member States where these provisions are normally the subject of legisla­tion, the undertakings concerned may like­wise be given, and compliance with them shall be regarded as effec­tive if the provisions are applied by law to the great majority of the workers concerned.

Article 34 – Territorial application

1 This Charter shall apply to the metropolitan terri­tory of each Contracting Party. Each signatory government may, at the time of signa­ture or of the deposit of its in­strument of ratification or approval, speci­fy, by declaration addressed to the Secretary General of the Council of Europe, the territory which shall be considered to be its metropoli­tan territory for this purpose.

2 Any Contracting Party may, at the time of ratifi­cation or approv­al of this Charter or at any time thereafter, de­clare by notification addressed to the Secretary General of the Coun­cil of Europe, that the Charter shall extend in whole or in part to a non metropoli­tan territory or territories specified in the said declara­tion for whose international relations it is responsi­ble or for which it assumes interna­tional responsi­bility. It shall specify in the declaration the articles or paragraphs of Part II of the Charter which it accepts as binding in respect of the terri­tories named in the declara­tion.

3 The Charter shall extend to the territory or terri­tories named in the aforesaid decla­ration as from the thirti­eth day after the date on which the Secretary General shall have received notification of such declaration.

4 Any Contracting Party may declare at a later date, by notification addressed to the Secretary General of the Council of Europe, that, in respect of one or more of the territories to which the Charter has been extended in accor­dance with paragraph 2 of this article, it accepts as binding any arti­cles or any numbered paragraphs which it has not already accepted in respect of that territo­ry or territories. Such undertakings subsequently given shall be deemed to be an integral part of the original decla­ration in respect of the territory con­cerned, and shall have the same effect as from the thirtieth day after the date of the notification.

5 The Secretary Gen­eral shall communicate to the other signa­tory governments and to the Director Gene­ral of the International Labour Office any notification transmitted to him in accor­dance with this article.

Article 35 – Signature, ratification and entry into force

1 This Charter shall be open for signa­ture by the mem­bers of the Council of Europe. It shall be ratified or approved. Instru­ments of ratification or approval shall be deposited with the Secreta­ry General of the Council of Eu­rope.

2 This Charter shall come into force as from the thirti­eth day after the date of deposit of the fifth instru­ment of ratification or approval.

3 In respect of any signatory government ratifying subse­quently, the Charter shall come into force as from the thir­tieth day after the date of depos­it of its instrument of ratification or approv­al.

4 The Secretary General shall notify all the members of the Council of Europe and the Director General of the Inter­nation­al Labour Office of the entry into force of the Char­ter, the names of the Contracting Parties which have ratified or ap­proved it and the subsequent deposit of any instruments of ratification or approval.

Article 36 – Amendments

Any member of the Council of Europe may propose amend­ments to this Charter in a commu­nication ad­dressed to the Secretary G­eneral of the Council of Europe. The Secreta­ry General shall transmit to the other members of the Council of Europe any amendments so proposed, which shall then be considered by the Committee of Ministers and submit­ted to the Consultative Assembly for opinion. Any amendments approved by the Commit­tee of Minis­ters shall enter into force as from the thirtieth day after all the Contract­ing Parties have informed the Secretary Gene­ral of their acceptance. The Secretary Ge­neral shall notify all the members of the Council of Europe and the Director Ge­neral of the International Labour Office of the entry into force of such amendments.

Article 37 – Denunciation

1 Any Contracting Party may denounce this Charter only at the end of a period of five years from the date on which the Charter entered into force for it, or at the end of any successive period of two years, and, in each case, after giving six months notice to the Secretary General of the Council of Europe who shall inform the other Parties and the Director G­eneral of the Internation­al Labour Office accord­ingly. Such denunciation shall not affect the validity of the Charter in respect of the other Contracting Parties provided that at all times there are not less than five such Contracting Parties.

2 Any Contracting Party may, in accor­dance with the provi­sions set out in the preceding paragraph, denounce any arti­cle or paragraph of Part II of the Charter accepted by it provided that the number of articles or para­graphs by which this Con­tracting Party is bound shall never be less than 10 in the former case and 45 in the latter and that this number of articles or para­graphs shall continue to include the articles selected by the Contracting Party among those to which special reference is made in Arti­cle 20, paragraph 1, sub paragraph b.

3 Any Contracting Party may denounce the present Charter or any of the articles or para­graphs of Part II of the Char­ter, under the conditions speci­fied in para­graph 1 of this article in respect of any terri­tory to which the said Charter is applicable by virtue of a declaration made in accordance with paragraph 2 of Article 34.

Article 38 – Appendix

The appendix to this Charter shall form an integral part of it.

In witness where­of, the undersigned, being duly authori­sed thereto, have signed this Charter.

Done at Turin, this 18th day of October 1961, in English and French, both texts being equally author­ita­tive, in a single copy which shall be depos­ited within the archives of the Council of Europe. The Secretary Gene­ral shall transmit certified copies to each of the Signatories.

APPENDIX TO THE SOCIAL CHARTER

Scope of the Social Char­ter in terms of persons protect­ed

1 Without prejudice to Arti­cle 12, paragraph 4, and Article 13, para­graph 4, the persons covered by Articles 1 to 17 include foreigners only insofar as they are nationals of other Con­tracting Parties lawfully resident or working regularly within the territory of the Contracting Party concerned, subject to the under­standing that these articles are to be interpreted in the light of the provisions of Arti­cles 18 and 19.

This inter­pretation would not prejudice the extension of similar facil­ities to other persons by any of the Contracting Parties.

2 Each Contract­ing Party will grant to refugees as defined in the Convention relating to the Status of Refugees, signed at Geneva on 28th July 1951, and lawfully staying in its territo­ry, treatment as favou­rable as possible, and in any case not less favoura­ble than under the obligations accepted by the Contracting Party under the said Convention and under any other existing internation­al instruments appli­cable to those refugees.

Part I, paragraph 18, and Part II, Article 18, paragraph 1

It is understood that these provisions are not concerned with the question of entry into the territories of the Contracting Parties and do not preju­dice the provisions of the European Convention on Establish­ment, signed at Paris on 13th December 1955.

Part II

Article 1, paragraph 2

This provision shall not be inter­pret­ed as prohibiting or authorising any union secu­rity clause or practice.

Article 4, paragraph 4

This provi­sion shall be so understood as not to prohibit immediate dismissal for any serious offence.

Arti­cle 4, paragraph 5

It is under­stood that a Contracting Party may give the undertak­ing required in this paragraph if the great majority of workers are not permitted to suffer deduc­tions from wages either by law or through collective agree­ments or arbi­tration awards, the exceptions being those persons not so covered.

Article 6, paragraph 4

It is under­stood that each Contracting Party may, insofar as it is concerned, regulate the exercise of the right to strike by law, provided that any further restriction that this might place on the right can be justified under the terms of Arti­cle 31.

Article 7, paragraph 8

It is understood that a Contract­ing Party may give the under­taking required in this paragraph if it fulfils the spirit of the undertaking by providing by law that the great majority of persons under 18 years of age shall not be em­ployed in night work.

Article 12, paragraph 4

The words “and subject to the conditions laid down in such agreements” in the introduction to this para­graph are taken to imply inter alia that with regard to benefits which are available independently of any insurance contribution a Con­tracting Party may require the completion of a prescribed period of residence before granting such benefits to nationals of other Contracting Parties.

Article 13, paragraph 4

Governments not Parties to the European Convention on Social and Medical Assistance may ratify the Social Charter in respect of this paragraph provided that they grant to nationals of other Contracting Parties a treat­ment which is in conformity with the provisions of the said Convention.

Article 19, paragraph 6

For the purpose of this provision, the term “family of a foreign worker” is under­stood to mean at least his wife and dependent children under the age of 21 years.

Part III

It is understood that the Charter contains legal obli­gations of an interna­tional character, the appli­cation of which is submit­ted solely to the supervi­sion provided for in Part IV thereof.

Article 20, paragraph 1

It is under­stood that the “numbered paragraphs” may include articles consisting of only one paragraph.

Part V

Article 30

The term “in time of war or other public emergen­cy” shall be so understood as to cover also the threat of war.



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