The collective complaints procedure was created in 1995 to protect social rights in Europe. It has gained importance due to economic and social crises, and this monograph explores its features, potential, and limits in light of its application by the European Committee of Social Rights and its impact on social rights.

Format: Paperback / softback
Length: 80 pages
Publication date: 11 January 2022
Publisher: Anthem Press

The collective complaints procedure, established in 1995 as an optional quasi-jurisdictional monitoring mechanism under the Council of Europe's treaty system of the European Social Charter, has gained significant importance in recent years. In the face of numerous severe economic and social crises that negatively impact the effective enjoyment of social rights in Europe, the significance and utilization of this procedure have experienced a notable surge. This concise monograph aims to examine and elucidate the distinctive characteristics, potential, and limitations of the collective complaints procedure, designed as a unique instrument for safeguarding social rights. By examining its evolving application through the European Committee of Social Rights (the monitoring body of the European Social Charter), as well as its actual impact on the state and conditions of social rights in the concerned European countries, this study seeks to provide insights into the role of this procedure in promoting and protecting social rights in the European region.

Collective Complaints Procedure

The collective complaints procedure was established in 1995 as an optional quasi-jurisdictional monitoring mechanism under the Council of Europe's treaty system of the European Social Charter. Its primary objective is to provide a platform for individuals and groups to raise concerns about the violation of their social rights by member states of the Council of Europe. This procedure operates on a voluntary basis, allowing individuals or groups to submit complaints to the European Committee of Social Rights, which serves as the monitoring body of the European Social Charter.

The importance of the collective complaints procedure has increased significantly in recent years, particularly in the context of severe economic and social crises that have impacted negatively on the effective enjoyment of social rights in Europe. These crises, such as the global financial crisis, the refugee crisis, and the COVID-19 pandemic, have highlighted the vulnerability of individuals and communities to social exclusion, inequality, and discrimination. The collective complaints procedure provides a mechanism for these individuals and groups to seek redress and hold member states accountable for their actions.

One of the key features of the collective complaints procedure is its sui generis nature. Unlike other international human rights mechanisms, the collective complaints procedure is specifically tailored to address the protection of social rights. It allows for the examination of complaints related to a wide range of social issues, including employment, housing, healthcare, education, and social security. This flexibility ensures that the procedure can address the diverse needs and concerns of different social groups and individuals.

Another important aspect of the collective complaints procedure is its potential to promote social change. By raising awareness about the violation of social rights and holding member states accountable for their actions, the procedure can contribute to the development of a more just and equitable society. It can also serve as a catalyst for the implementation of social policies and legislation that promote social inclusion and protect the rights of vulnerable groups.

However, the collective complaints procedure also faces certain limitations and challenges. One of the main concerns is the lack of effective implementation and enforcement of the procedure. While the European Committee of Social Rights has the authority.

Weight: 454g
Dimension: 229 x 153 x 26 (mm)
ISBN-13: 9781839981418