SHORT CONSIDERATIONS REGARDING THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE REVISED EUROPEAN SOCIAL CHARTER

• Main Authors: Marta-Claudia Cliza, Laura-Cristiana Spătaru-Negură
• Format: Article
• Language: English
• Published: ADJURIS – International Academic Publisher 2018-12-01
• Series: Perspectives of Law and Public Administration
• Subjects: revised European Social Charter; Council of Europe; economic; social and cultural rights; European Committee of Social Rights
• Online Access: http://www.adjuris.ro/revista/articole/an7nr2/3.%20Cliza_Spataru-Negura_EN.pdf

The present study started from our wish to present to the large audience the economic, social and cultural rights enshrined in an international legal instrument, adopted by the Council of Europe, instrument that is not very under scrutiny by the specialists. The revised European Social Charter completes the Convention for the Protection of Human Rights and Fundamental Freedoms, and should be interpreted as creating fundamental economic, social and cultural rights. Although contested sometimes, because of its construction, as having a limited purpose, different than the Convention for the Protection of Human Rights and Fundamental Freedoms, we consider that it was conceived like this in order to offer flexibility, giving the chance to the states to choose the rights they will guarantee. We consider that disseminating the revised European Social Charter would increase the domestic reforms in the social area and would facilitate the insurance of the economic, social and cultural rights specified under this instrument, in order to improve the level of life and to promote the social welfare of the member states of the Council of Europe.