Short Considerations Regarding The Economic, Social And Cultural Rights Enshrined In The Revised European Social Charter

• Author: Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura
• Pages: 133-140

SHORT CONSIDERATIONS REGARDING THE ECONOMIC,

SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE REVISED

EUROPEAN SOCIAL CHARTER

Associate professor Marta-Claudia CLIZA1

Assistant professor Laura-Cristiana SPĂTARU-NEGURĂ2

Abstract

The present study started from our wish to present to the large audience the economic, social and cultural rights

enshrined in an international legal instrument, adopted by the Council of Europe, instrument th at is not ve ry u nder

scrutiny by the specialists. The revised European Social Charter completes the Convention for the Protection of Human

Rights and Fundamental Freedoms, and should be interpreted as creating fundamental economic, social and cultural

rights. Although contested sometimes, b ecause of its construction, as having a limited pu rpose, different than the

Convention for the Protection of Huma n Rights and Fundamental Freedoms, we consider that it was conceived like this

in order to offer flexibility, giving the chance to the states to choose the rights they will guarantee. We consider that

disseminating the revised European Social Charter would increase the domestic reforms in the social area and would

facilitate the in surance of the economic, social and cultural rights specified under this instrument, in order to improve

the level of life and to promote the social welfare of the member states of the Council of Europe.

Keywords: revised European Social Charter; Council of Europe; economic, social and cultural rights, European

Committee of Social Rights.

JEL Classification: K33, K38

1. Introductory considerations on the economic, social and cultural rights

Human rights have always been a concern for mankind, by thinking that, given their special

quality of human beings, people have certain rights. Despite the fact that, over the time, there have

been lawmakers who opposed the acknowledgment of human rights (e.g. in totalitarian states), as a

consequence of the evolution of mankind, the expression of “human rights” has been enshrined.

The most prolific period for the acknowledgment of human rights, as well as for the protection

of such rights, was the period after the Second World War (i.e. Universal Declaration of Human

Rights adopted by the United Nations on December 16th , 1948, the Convention for the Protection of

Human Rights and Fundamental Freedoms developed by the Council of Europe and signed on

November 4th, 1950).

Given the atrocities of that period, it has been increasingly emphasized that these rights were

inherent to human nature, and their denial determined the situation of man being impoverished

precisely by the attributes of human being, leading to armed conflicts between states and hostilities

between people.

The human rights catalogue resulting from international instruments is divided into several

categories of rights, depending on several criteria. The most important criterion is the nature of rights,

according to which we can distinguish the following: civil rights3, political rights4, economic and

1 Marta-Claudia Cliza – Faculty of Law, “Nicolae Titulescu” University of Bucharest, Romania, cliza_claudia@yahoo.com.

2 Laura-Cristiana Spătaru-Negură - Faculty of Law, “Nicolae Titulescu” University of Bucharest, Romania, negura_laura@yahoo.com.

3 The category of civil rights includes, for example, the right to life, the right to liberty and security of person, the right not to be subject

to torture, the right not to be held in slavery, the right not to be arbitrarily arrested, detained or expelled, equality o f rights between

women and men, the right to citizenship.

4 The category of political rights includes, for example, the right to freedom of thought, conscience and religion, the right to peaceful

assembly, the right to vote and to be elected, the right of asylum.