Additional Protocol to the European Social Charter

Transcription

1 Europen Trety Series - No. 128 Additionl Protocol to the Europen Socil Chrter Strsourg, 5.V.1988 Prt I Prt II Premle The memer Sttes of the Council of Europe signtory hereto, Resolved to tke new mesures to extend the protection of the socil nd economic rights gurnteed y the Europen Socil Chrter, opened for signture in Turin on 18 Octoer 1961 (hereinfter referred to s "the Chrter"), Hve greed s follows: The Prties ccept s the im of their policy to e pursued y ll pproprite mens, oth ntionl nd interntionl in chrcter, the ttinment of conditions in which the following rights nd principles my e effectively relised: 1 All workers hve the right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex. 2 Workers hve the right to e informed nd to e consulted within the undertking. 3 Workers hve the right to tke prt in the determintion nd improvement of the working conditions nd working environment in the undertking. 4 Every elderly person hs the right to socil protection. The Prties undertke, s provided for in Prt III, to consider themselves ound y the oligtions lid down in the following rticles: Article 1 Right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex 1 With view to ensuring the effective exercise of the right to equl opportunities nd equl tretment in mtters of employment nd occuption without discrimintion on the grounds of sex, the Prties undertke to recognise tht right nd to tke pproprite mesures to ensure or promote its ppliction in the following fields: ccess to employment, protection ginst dismissl nd occuptionl resettlement;

2 ETS 128 Socil Chrter (Additionl Protocol), 5.V.1988 voctionl guidnce, trining, retrining nd rehilittion; terms of employment nd working conditions including remunertion; creer development including promotion. 2 Provisions concerning the protection of women, prticulrly s regrds pregnncy, confinement nd the post-ntl period, shll not e deemed to e discrimintion s referred to in prgrph 1 of this rticle. 3 Prgrph 1 of this rticle shll not prevent the doption of specific mesures imed t removing de fcto inequlities. 4 Occuptionl ctivities which, y reson of their nture or the context in which they re crried out, cn e entrusted only to persons of prticulr sex my e excluded from the scope of this rticle or some of its provisions. Article 2 Right to informtion nd consulttion 1 With view to ensuring the effective exercise of the right of workers to e informed nd consulted within the undertking, the Prties undertke to dopt or encourge mesures enling workers or their representtives, in ccordnce with ntionl legisltion nd prctice: to e informed regulrly or t the pproprite time nd in comprehensile wy out the economic nd finncil sitution of the undertking employing them, on the understnding tht the disclosure of certin informtion which could e prejudicil to the undertking my e refused or suject to confidentility; nd to e consulted in good time on proposed decisions which could sustntilly ffect the interests of workers, prticulrly on those decisions which could hve n importnt impct on the employment sitution in the undertking. 2 The Prties my exclude from the field of ppliction of prgrph 1 of this rticle, those undertkings employing less thn certin numer of workers to e determined y ntionl legisltion or prctice. Article 3 Right to tke prt in the determintion nd improvement of the working conditions nd working environment 1 With view to ensuring the effective exercise of the right of workers to tke prt in the determintion nd improvement of the working conditions nd working environment in the undertking, the Prties undertke to dopt or encourge mesures enling workers or their representtives, in ccordnce with ntionl legisltion nd prctice, to contriute: c d to the determintion nd the improvement of the working conditions, work orgnistion nd working environment; to the protection of helth nd sfety within the undertking; to the orgnistion of socil nd socio-culturl services nd fcilities within the undertking; to the supervision of the oservnce of regultions on these mtters. 2

3 ETS 128 Socil Chrter (Additionl Protocol), 5.V The Prties my exclude from the field of ppliction of prgrph 1 of this rticle, those undertkings employing less thn certin numer of workers to e determined y ntionl legisltion or prctice. Article 4 Right of elderly persons to socil protection With view to ensuring the effective exercise of the right of elderly persons to socil protection, the Prties undertke to dopt or encourge, either directly or in co-opertion with pulic or privte orgnistions, pproprite mesures designed in prticulr: 1 to enle elderly persons to remin full memers of society for s long s possile, y mens of: dequte resources enling them to led decent life nd ply n ctive prt in pulic, socil nd culturl life; provision of informtion out services nd fcilities ville for elderly persons nd their opportunities to mke use of them; 2 to enle elderly persons to choose their life-style freely nd to led independent lives in their fmilir surroundings for s long s they wish nd re le, y mens of: provision of housing suited to their needs nd their stte of helth or of dequte support for dpting their housing; the helth cre nd the services necessitted y their stte; 3 to gurntee elderly persons living in institutions pproprite support, while respecting their privcy, nd prticiption in decisions concerning living conditions in the institution. Prt III Article 5 Undertkings 1 Ech of the Prties undertkes: to consider Prt I of this Protocol s declrtion of the ims which it will pursue y ll pproprite mens, s stted in the introductory prgrph of tht prt; to consider itself ound y one or more rticles of Prt II of this Protocol. 2 The rticle or rticles selected in ccordnce with su-prgrph of prgrph 1 of this rticle, shll e notified to the Secretry Generl of the Council of Europe t the time when the instrument of rtifiction, cceptnce or pprovl of the Contrcting Stte concerned is deposited. 3 Any Prty my, t lter dte, declre y notifiction to the Secretry Generl tht it considers itself ound y ny rticles of Prt II of this Protocol which it hs not lredy ccepted under the terms of prgrph 1 of this rticle. Such undertkings susequently given shll e deemed to e n integrl prt of the rtifiction, cceptnce or pprovl, nd shll hve the sme effect s from the thirtieth dy fter the dte of the notifiction. 3

4 ETS 128 Socil Chrter (Additionl Protocol), 5.V.1988 Prt IV Prt V Article 6 Supervision of complince with the undertkings given The Prties shll sumit reports on the ppliction of those provisions of Prt II of this Protocol which they hve ccepted in the reports sumitted y virtue of Article 21 of the Chrter. Article 7 Implementtion of the undertkings given 1 The relevnt provisions of Articles 1 to 4 of Prt II of this Protocol my e implemented y: c d lws or regultions; greements etween employers or employers' orgnistions nd workers' orgnistions; comintion of those two methods; or other pproprite mens. 2 Complince with the undertkings deriving from Articles 2 nd 3 of Prt II of this Protocol shll e regrded s effective if the provisions re pplied, in ccordnce with prgrph 1 of this rticle, to the gret mjority of the workers concerned. Article 8 Reltions etween the Chrter nd this Protocol 1 The provisions of this Protocol shll not prejudice the provisions of the Chrter. 2 Articles 22 to 32 nd Article 36 of the Chrter shll pply, muttis mutndis, to this Protocol. Article 9 Territoril ppliction 1 This Protocol shll pply to the metropolitn territory of ech Prty. Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce or pprovl, specify y declrtion ddressed to the Secretry Generl of the Council of Europe, the territory which shll e considered to e its metropolitn territory for this purpose. 2 Any Contrcting Stte my, t the time of rtifiction, cceptnce or pprovl of this Protocol or t ny time therefter, declre y notifiction ddressed to the Secretry Generl of the Council of Europe tht the Protocol shll extend in whole or in prt to non-metropolitn territory or territories specified in the sid declrtion for whose interntionl reltions it is responsile or for which it ssumes interntionl responsiility. It shll specify in the declrtion the rticle or rticles of Prt II of this Protocol which it ccepts s inding in respect of the territories nmed in the declrtion. 3 This Protocol shll enter into force in respect of the territory or territories nmed in the foresid declrtion s from the thirtieth dy fter the dte on which the Secretry Generl shll hve notifiction of such declrtion. 4

5 ETS 128 Socil Chrter (Additionl Protocol), 5.V Any Prty my declre t lter dte y notifiction ddressed to the Secretry Generl of the Council of Europe, tht, in respect of one or more of the territories to which this Protocol hs een extended in ccordnce with prgrph 2 of this rticle, it ccepts s inding ny rticles which it hs not lredy ccepted in respect of tht territory or territories. Such undertkings susequently given shll e deemed to e n integrl prt of the originl declrtion in respect of the territory concerned, nd shll hve the sme effect s from the thirtieth dy fter the dte on which the Secretry Generl shll hve notifiction of such declrtion. Article 10 Signture, rtifiction, cceptnce, pprovl nd entry into force 1 This Protocol shll e open for signture y memer Sttes of the Council of Europe who re signtories to the Chrter. It is suject to rtifiction, cceptnce or pprovl. No memer Stte of the Council of Europe shll rtify, ccept or pprove this Protocol except t the sme time s or fter rtifiction of the Chrter. Instruments of rtifiction, cceptnce of pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 This Protocol shll enter into force on the thirtieth dy fter the dte of deposit of the third instrument of rtifiction, cceptnce or pprovl. 3 In respect of ny signtory Stte rtifying susequently, this Protocol shll come into force s from the thirtieth dy fter the dte of deposit of its instrument of rtifiction, cceptnce or pprovl. Article 11 Denuncition 1 Any Prty my denounce this Protocol only t the end of period of five yers from the dte on which the Protocol entered into force for it, or t the end of ny successive period of two yers, nd, in ech cse, fter giving six months' notice to the Secretry Generl of the Council of Europe. Such denuncition shll not ffect the vlidity of the Protocol in respect of the other Prties provided tht t ll times there re not less thn three such Prties. 2 Any Prty my, in ccordnce with the provisions set out in the preceding prgrph, denounce ny rticle of Prt II of this Protocol ccepted y it, provided tht the numer of rticles y which this Prty is ound shll never e less thn one. 3 Any Prty my denounce this Protocol or ny of the rticles of Prt II of the Protocol, under the conditions specified in prgrph 1 of this rticle, in respect of ny territory to which the Protocol is pplicle y virtue of declrtion mde in ccordnce with prgrphs 2 nd 4 of Article 9. 4 Any Prty ound y the Chrter nd this Protocol which denounces the Chrter in ccordnce with the provisions of prgrph 1 of Article 37 thereof, will e considered to hve denounced the Protocol likewise. Article 12 Notifictions The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council nd the Director Generl of the Interntionl Lour Office of: ny signture; the deposit of ny instrument of rtifiction, cceptnce or pprovl; c ny dte of entry into force of this Protocol in ccordnce with Articles 9 nd 10; d ny other ct, notifiction or communiction relting to this Protocol. 5

6 ETS 128 Socil Chrter (Additionl Protocol), 5.V.1988 Article 13 Appendix The ppendix to this Protocol shll form n integrl prt of it. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Strsourg, this 5th dy of My, 1988, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council in Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe. 6