Received 23.01.2025, Revised 23.02.2025, Accepted 25.03.2025
Social and labor rights are an integral part of the human rights system, as they are based on the principles of freedom, equality and social justice. One of the key international documents in this area is the European Social Charter (ESC), adopted by the Council of Europe in 1961 and revised in 1996. This document establishes uniform standards for the socio-economic provision of human rights for the member states of the Council of Europe, forming the basis for the development of national social protection systems. Ukraine, declaring itself a social state and assuming obligations to guarantee the social rights of citizens, has not fully ratified the ESC norms, in particular the provisions of Article 12 on social security. The selective approach to the ratification of the Charter's provisions indicates the need for a thorough reform of the social protection system taking into account European standards. In the context of the European integration process, studying the impact of the ESC on the legal field of Ukraine is important both from a theoretical and practical point of view. The article examines the historical background of the adoption of the ESC, its basic principles and implementation mechanisms, as well as the features of the implementation of the Charter's provisions into the national legislation of Ukraine. The a Abstract. Social and labor rights are an integral part of the human rights system, as they are based on the principles of freedom, equality and social justice. One of the key international documents in this area is the European Social Charter (ESC), adopted by the Council of Europe in 1961 and revised in 1996. This document establishes uniform standards for the socio-economic provision of human rights for the member states of the Council of Europe, forming the basis for the development of national social protection systems. Ukraine, declaring itself a social state and assuming obligations to guarantee the social rights of citizens, has not fully ratified the ESC norms, in particular the provisions of Article 12 on social security. The selective approach to the ratification of the Charter's provisions indicates the need for a thorough reform of the social protection system taking into account European standards. In the context of the European integration process, studying the impact of the ESC on the legal field of Ukraine is important both from a theoretical and practical point of view. The article examines the historical background of the adoption of the ESC, its basic principles and implementation mechanisms, as well as the features of the implementation of the Charter's provisions into the national legislation of Ukraine. The analysis was carried out on the basis of international and national regulatory legal acts, statistical data of the Council of Europe, monitoring reports of the Committee of Social Rights. The results obtained will contribute to the assessment of the effectiveness of existing social protection mechanisms and the formulation of recommendations for their improvement in Ukraine. Taking into account modern challenges in the social sphere, it is advisable to accelerate the implementation of the ESC provisions into national legislation, in particular regarding ensuring fair wages, social protection, equality of opportunities and support for the most vulnerable groups of the population. An important task is to develop effective mechanisms for monitoring compliance with the ratified norms of the Charter, conduct an economic analysis of the possibilities of its full ratification and create a step-by-step plan for the integration of the ESC(p) norms into the legal system of Ukraine.
European Social Charter, social rights, labor rights, social security, social protection, Council of Europe, implementation, European standards, labor law, European integration
https://doi.org/10.31359/1993-0909-2025-32-1-191
Retrieved from Journal NALSU №1, 2025 year
Pages 191-204