Article 2 - The right to just conditions of work

Article 2 - The right to just conditions of work | Zenodo Skip to main Communities My dashboard Log in Sign up Zenodo is currently experiencing slowness and intermittent outages due to heavy automated traffic from bots and AI crawlers. We are aware of the problem, and our team is focused on stabilizing the service. Thank you for your patience. Published September 9, 2022 | Version v1 Book chapter Open Article 2 - The right to just conditions of work Authors/Creators Butrymowicz, Magdalena Tabaszewski, Robert Description This chapter discussed the practical aspects of the right to fair working conditions as exercised by the ESC States Parties. It has been shown that the obligations expressed in Article 2 § 1–7 of the revised Charter constitute the fundamental human right to work. The implementation of this provision is in the interest of the Member States, which are, after all, bound by other standards of international labour laws, resulting from the ILO and WHO conventions, EU law and, above all, from Article 7 of the ICESC. The analysis leads to the following conclusions. Firstly, the Committee’s examination of the States’ reports shows that a large number of States have some problems with the complete implementation of all the provisions of Article 2 § 1–7 of the ESC (rev). The Committee has positively assessed only two countries, Romania and Latvia, in all seven points, as implementing all aspects of the right to fair working conditions. This means that unlike in the case of complaints to the ECtHR, the division into the ‘new’ and ‘old’ CoE Member States is irrelevant. Secondly, States do not deal with all obligations under Article 2 equally well. The biggest problem is fully implementing their obligations under Article 2 § 1 of the revised Charter. In 2018 the Committee has noted that the national legislation did not comply with this provision in as many as 12 countries. These are Armenia, Cyprus, Estonia, Georgia, Lithuania, Malta, the Netherlands, Norway, Serbia, Slovakia, Slovenia and Turkey while the Committee in 2014 has accused twenty States of non-performance: Andorra, Armenia, Czech Republic, Estonia, Finland, France, Georgia, Hungary, Iceland, Ireland, Italy, Lithuania, Malta, Norway, Poland, Slovak Republic, Slovenia, The former Yugoslav Republic of Macedonia., the Netherlands and Turkey. In the case of Article 2 § 2 of the revised Charter, the Committee has concluded that the situation in 2018 was inconsistent in seven countries: Bosnia and Herzegovina, Georgia, Malta, Moldova, the Netherlands, Norway and Slovakia. In 2014 the Committee concluded that the situation in the United Kingdom, Greece, Georgia, Malta, the Netherlands, Portugal, Slovakia was not in conformity with Article 2 §. Another problematic provision is Article 2 § 3 of the revised Charter, the Committee in 2018 has accused four States of non-performance: Bosnia and Herzegovina, Cyprus, The Russian Federation, Moldova and the Netherlands (In 2014 it was 4 countries: Belgium, the Netherlands, Moldova and Hungary). Thirdly, it is relatively easy for States to comply with the standards that have been introduced by the provisions of the revised version of the Charter. This applies, in particular, to the provisions of Articles 2 § 4 and § 6 of the revised Charter. When examining the latter provision, the Committee has found that as many as 18 countries meet their obligations, and only three have violated them. The only exception is the full implementation of Article 2 § 7 of the ESC (rev), which, according to the Committee, has been failed by eight countries: Andorra, Bosnia and Herzegovina, Estonia, Georgia, Moldova, North Macedonia, Serbia and Ukraine. Therefore, the precise method of examining the actual fulfilment of States’ obligations adopted by the Committee, as well as the progressive and social nature of the right to work, and not only the formal regulation of the right to fair working conditions in the legislation of a given country, should be positively assessed. Files ESC_Commentary_VOLUME 2_Draft september 2022-Tabaszewski.pdf Files (730.6 kB) Name Size Download all ESC_Commentary_VOLUME 2_Draft september 2022-Tabaszewski.pdf md5:8447351dfc1391ab1eded1837f56f893 730.6 kB Preview Download Additional details Additional titles Alternative title (English) Article 2 - The right to just conditions of work Funding National Science Centre Sonata 2021/43/D/HS5/01094 28 Views 13 Downloads Show more details All versions This version Views Total views 28 28 Downloads Total downloads 13 13 Data volume Total data volume 12.4 MB 12.4 MB More info on how stats are collected.... Versions External resources Indexed in OpenAIRE Communities Details DOI DOI Badge DOI 10.5281/zenodo.20096153 Markdown [](https://doi.org/10.5281/zenodo.20096153) reStructuredText .. image:: https://zenodo.org/badge/DOI/10.5281/zenodo.20096153.svg :target: https://doi.org/10.5281/zenodo.20096153 HTML <a href="https://doi.org/10.5281/zenodo.20096153"><img src="https://zenodo.org/badge/DOI/10.5281/zenodo.20096153.svg" alt="DOI"></a> Image URL https://zenodo.org/badge/DOI/10.5281/zenodo.20096153.svg Target URL https://doi.org/10.5281/zenodo.20096153 Resource type Book chapter Publisher Zenodo Imprint THE EUROPEAN SOCIAL CHARTER: A COMMENTARY by the Academic Network on the European Social Charter and Social Rights Volume 2 − Commentary of the Preamble, Part I and Part II (articles 1 to 10) Carole Nivard (ed.), 98-102. Leiden-Boston. Rights License Creative Commons Attribution 4.0 International The Creative Commons Attribution license allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. Read more Citation Export Technical metadata Created May 9, 2026 Modified May 9, 2026 Jump up About About Policies Infrastructure Principles Projects Roadmap Contact Blog Blog Support Help FAQ Developers REST API OAI-PMH Contribute GitHub Donate Funded by Powered by CERN Data Centre & InvenioRDM Status Privacy policy Cookie policy Terms of Use This site uses cookies. Find out more on how we use cookies Accept all cookies Accept only essential cookies

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