ANALYSIS OF THE EUROPEAN SOCIAL CHARTER AND ITS IMPORTANCE FOR THE PROTECTION OF SELECTED GROUPS OF WORKING WOMEN
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Abstract
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Abstract
Both the 1961 European Social Charter and its revised version of 1996 constitute international \nsocial and economic rights treaties ratified by the Member States of the Council of Europe. \nTogether with the European Treaty for the Protection of Human Rights and Fundamental \nFreedoms, they are the cornerstones of the contractual system for the protection of human \nrights in the member countries of the Council of Europe. Moreover, these contracts have \ncontributed significantly to the development of European human rights standards in the areas \nof personal management, labour law and social security law. Nevertheless, it receives minimal \nattention from legal theorists. This leads to problems in its interpretation in practice. Through \nscientific and doctrinal interpretation, authors examine the various provisions of the European \nSocial Charter. They seek answers to practical application problems through scientific \nliterature as well as the case-law of the European Court of Justice. The aim and result of the \nauthors’ work is to examine individual documents, to compare them and analyse the \ndifferences. The aim of the authors' work is also to evaluate the impact of the case law of the \nEuropean Court of Justice in connection with the implementation of the Charter into the legal \norder as well as application practice. The benefit of this article is also the analysis of the impact \nof the Charter on the rights of working women.
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Both the 1961 European Social Charter and its revised version of 1996 constitute international \nsocial and economic rights treaties ratified by the Member States of the Council of Europe. \nTogether with the European Treaty for the Protection of Human Rights and Fundamental \nFreedoms, they are the cornerstones of the contractual system for the protection of human \nrights in the member countries of the Council of Europe. Moreover, these contracts have \ncontributed significantly to the development of European human rights standards in the areas \nof personal management, labour law and social security law. Nevertheless, it receives minimal \nattention from legal theorists. This leads to problems in its interpretation in practice. Through \nscientific and doctrinal interpretation, authors examine the various provisions of the European \nSocial Charter. They seek answers to practical application problems through scientific \nliterature as well as the case-law of the European Court of Justice. The aim and result of the \nauthors’ work is to examine individual documents, to compare them and analyse the \ndifferences. The aim of the authors' work is also to evaluate the impact of the case law of the \nEuropean Court of Justice in connection with the implementation of the Charter into the legal \norder as well as application practice. The benefit of this article is also the analysis of the impact \nof the Charter on the rights of working women.
Key concepts: Charter, Human rights, Political science, Law, Treaty, European Union law, International human rights law, Social security