Sydorenko N. European Social Charter: Regional International Mechanism of Human Social and Economic Rights Protection /Position of Ukraine/.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U002164

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

09-06-2003

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to scientific research of European Social Charter of the Council of Europe as regional international mechanism for fundamental social and economic rights protection. The author describes the process of economic and social rights protection development in Europe, the history of the European Social Charter entry into force, signing, ratification by member states of the Council of Europe. It is underlined, that in course of political, social and economic developments in Europe the Charter was revised for the purpose of working out single remarkable safeguarding instrument for social justice, which shall become a guardian for economic and social rights within the Council of Europe. In result nowdays the European Social Charter and its protocols, as well as the Revised Social Charter, constitute the Council of Europe's principal instruments in upholding, both in law and in practice, the principle of social rights protection for all within the member states.The author determines characteristic features of the European Social Charter, its difference from the other international instruments in the sphere of human rights protection. Among such peculiarities the special original structure of the Charter is pointed out, the first part thereof being a political instrument for social development, and the second one - a binding legal instrument. This originality is also fixed in the system of selective endorsement, which allow contractual parties of different level of social and economic development to become parties to single legal instrument simultaneously, and at the same time permit them to widen the scope of undertaken commitments by progressively subscribing to new provisions of the Charter. In the thesis the normative provisions of the European Social Charter, protocols thereto and the Revised Social Charter are depicted in details, classification of regulated rights is presented, proceeding from such criteria as subject of regulation, protected persons, legal force etc. The author reveals legal nature of international mechanism and monitoring procedure over the performance by the parties' obligations and commitments undertaken by the Charter (including both state reports supervising and collective complaints consideration) as well as the rules of procedure of the different organs involved in the Charter's functioning: the Committee of Ministers, the Parliamentary Assembly, the Committee of Independent Experts and the Governmental Committee. It also features official decisions taken by these organs since the Charter's entry into force in order to establish, develop and carry out the system of supervision of its application. The author estimates the Charter's effectiveness, determines its place and role in the system of social and economic rights legal protection within the Council of Europe.The special attention is paid to the role of this international instrument for the development of Ukrainian legislation and formation of legal position of Ukraine in this sphere. The general principles of policy, carried out by Ukraine in the sphere of human rights protection are described with regard to pluralistic democracy, the rule of law and respect for human rights. More than one hundred internal acts of current Ukrainian legislation, the provisions of which regulate protection of social and economic rights of individuals, are analyzed. Comparative analysis of the Revised Charter's basic text with current Ukrainian legislation is made. Perspectives of implementation of the Charter's normative provisions into the current Ukrainian national legislation are estimated. The problem on joining of Ukraine to the European Social Charter and European regional system of human social and economic rights protection is considered. Proposals as for perspectives and practical possibilities of ratification of some of the provisions of the European Social Charter by Ukraine is made (including the draft Law of Ukraine On Ratification of the Revised European Social Charter of 1996). The results of scientific research shall beuseful for Ukrainian scholars, analysts, politicians, lawyers, students interested in the Council of Europe and its impact on the whole process of human rights protection and European integration.

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