A crucial step in the development of social rights: Revised European Social Charter and monitoring mechanism
2022
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Advisor: Dr. Öğr. Üyesi Tijen Dündar Sezer
Abstract (EN)
The difficult material conditions created by the globalizing world economy, the existence of poverty and hunger, perhaps in the most brutal form, prove to each of us that economic and social rights are as valuable as civil and political rights for a humane life. As a matter of fact, the necessity of having social opportunities in order to benefit from civil and political rights is felt more and more realistically. It is inevitable that social developments will also reflect on the national and international legal order. Many human rights instruments in the international arena work to improve social rights. Effective inspection procedures are envisaged for the protection of social rights with the inspection bodies that have attained a semijudicial function. Even the way of individual application has been opened within the UN. Thus, the disputes about the susceptibility to sue, which is the biggest obstacle to the protection of the value of social rights, are about to be overcome. An important development in this sense is the Charter system, which regulates and protects social rights in the Council of Europe, of which our country is a member. By adopting the system of collective complaints procedure, another step has been taken in the name of litigation of social rights. The Revised European Social Charter, which it has reached as a result of the revisions it has undergone over the years, has very positive gains in terms of bringing the protection of existing provisions closer to today's realities and expanding the list of rights. Due to the non-repeal of the European Social Charter and its competitive enforcement, the complexity of the common control systems that have been tried to be resolved through the Protocols and the provision approval system, there are many questions about its implementation. Our aim is to try to explain the achievements in the field of social rights by clarifying the Council of Europe's social rights protection system, the Charter system and the place of the Revised European Social Charter in the system in connection with the international and regional human rights texts regulating social rights.
Author
Dr. Kadriye Betül Güngelen
Institution
How to Cite
Kadriye Betül Güngelen (Master Thesis). A crucial step in the development of social rights: Revised European Social Charter and monitoring mechanism, 2022, Dokuz Eylül University.
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