Public Defender's Opinions on Articles of European Social Charter not Ratified by Georgia
The Public Defender of Georgia submitted comments to the European Committee of Social Rights on the report prepared by the State on the articles of the European Social Charter that Georgia has not ratified.
In the document, the Public Defender reviewed the steps taken by the State in relation to the unratified articles and presented alternative assessments.
The European Social Charter is a treaty of the Council of Europe that guarantees fundamental social and economic rights. The rights provided for in the Charter concern every person in his or her daily life and are related to employment, housing, health, education, social protection and well-being.
According to the legal regime established by the Charter, a state is entitled, in parallel with the ratification of the treaty, to refuse to accept its individual articles and paragraphs. Out of the 31 articles establishing the rights in the Charter, Georgia has not ratified 18 articles, and out of the ratified articles, Georgia has refused to accede to 26 paragraphs, specific provisions of the Charter. Thus, Georgia has one of the lowest rates in Europe in terms of ratified provisions of the Charter.
Since 2002, the European Committee of Social Rights has also been considering the situation in the member states regarding the provisions of the Charter that they have not ratified. Within the framework of this mechanism, the Committee examines the situation in the countries every five years, based on reports submitted by the States. This year, Georgia submitted its fourth report on unratified norms to the Committee.
The Public Defender, in order to ensure proper protection of the rights recognized by the European Social Charter, calls on the State to ratify the unratified norms of the Charter.