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The Revised European Social Charter

Hardback

The Revised European Social Charter

An Article by Article Commentary

9781789903638 Edward Elgar Publishing
Karin Lukas, Senior Researcher and Head of Department, Ludwig Boltzmann Institute of Human Rights, Austria and Vice-President, European Committee of Social Rights
Publication Date: March 2021 ISBN: 978 1 78990 363 8 Extent: c 352 pp
This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).

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This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).
 
Key features include:
 
• discussion of the application of social rights in practice
• examination of the implementation of the RESC in national law 
• a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter
• analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination.
 
Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.
Critical Acclaim
‘In recent years, the European Social Charter has become a living instrument of European constitutional law, thanks to the practice of its Committee of Social Rights. This book offers the most complete study to date of the developing law of the Social Charter. Its author, Karin Lukas, is both a recognized scholar of social rights and a member of the Committee during these crucial recent years. She was the right person to produce this study.’
– Bruno De Witte, Maastricht University, the Netherlands and European University Institute Florence, Italy

‘The European Social Charter is the oldest and most comprehensive social rights treaty instrument in existence. It has generated ground-breaking human rights jurisprudence, but remains little known. Karin Lukas has produced an expert, accessible and comprehensive guide to the Charter, filling a major gap in the human rights literature.’
– Colm O'Cinneide, University College London, UK

‘We have before us a systematic review of the Council of Europe’s Revised Social Charter and its case law. It could hardly have come at a more important moment. Having in place robust social rights protection has shown itself to be paramount in conditions of pandemic, as many like Dr Lukas knew it would be, and will be key to any just recovery. In providing a concise and careful account of the drafting history of the Revised Social Charter and its interpretation to date, Dr Lukas has put her detailed knowledge as Vice President of the European Committee of Social Rights at the service of everyone who wants to understand the role and possibility of social rights in Europe.’
– Margot Salomon, London School of Economics, UK

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78990 364 5
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