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Chapter 86: Additional Protocol to the European Social Charter, 1988

Chapter 86: Additional Protocol to the European Social Charter, 1988

pp. 685-689

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Edited by , Cardiff University
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Summary

Note: Additional Protocol to the European Social Charter. Adopted Strasbourg, 5 May 1988. ETS No. 128. Entry into force: 4 September 1992.

PREAMBLE

The member States of the Council of Europe signatory hereto,

Resolved to take new measures to extend the protection of the social and economic rights guaranteed by the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as “the Charter”),

Have agreed as follows:

PART I

The Parties accept as the aim of their policy to be pursued by all appropriate means, both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised:

  • All workers have the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex.

  • Workers have the right to be informed and to be consulted within the undertaking.

  • Workers have the right to take part in the determination and improvement of the working conditions and working environment in the undertaking.

  • Every elderly person has the right to social protection.

  • PART II

    The Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles:

    Article 1 – Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex

    1. With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields:

  • – access to employment, protection against dismissal and occupational resettlement;

  • – vocational guidance, training, retraining and rehabilitation;

  • – terms of employment and working conditions including remuneration;

  • – career development including promotion.

  • 2. Provisions concerning the protection of women, particularly as regards pregnancy, confinement and the post-natal period, shall not be deemed to be discrimination as referred to in paragraph 1 of this article.

    3. Paragraph 1 of this article shall not prevent the adoption of specific measures aimed at removing de facto inequalities.

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