

CoE Social Rights Committee President prof. Palmisano to EuroFora: "New Trend" on Work, Family+ ?

*Strasbourg/CoE/Angelo Marcopolo/- PanEuropean CoE Social Rights Committee (ECSR) new President, Professor Giuseppe Palmisano, from Italy, who has just been Elected for the crucial period of 2015-2017, in an Interview with "EuroFora" focused mainly on Workers and Families' Rights, pointed towards "a New Trend" currently emerging both in the EU and in CoE's PanEuropean area of 47 Member States (including Russia, etc), despite -and/or because of- several problems still remaining in the Global Economy :
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The Main message from the ECSR President was to stress, from the outset, that - "I'll try to do my Best, as new President, in order to find ways to make the System of the European Charter for respect of Social Rights more Visible and with more Impact".
+ This goes, "not only on Policies and acts of States, but also of European Institutions. Not only within the CoE, but also within the EU", he went on to add.

- "I think that the Best way to do this, is let the (CoE's PanEuropean Social Charter's) Committee to work at the best of its possibilities", i.e. "with a Rigorous Legal approach, on the assessment of situations within States, (both) under the main procedure and then the Collective Complaints procedure", he advised, speaking the same day that CoE's collective body adopted an exceptional Statement calling to defend the "Independence" of its team of Legal Experts...
Invited by "EuroFora" to present his overall view of the current situation and perspectives for Social Rights in Europe, President Palmesino became more specific :
- "During 2014, the subject matter under Examination was Labour Rights".
"Because, As you know, we Split all the provisions of the Charter's provisions in <<4 Baskets>>, so to say. And the "Basket" for 2014 was Labour Rights, while this year : 2015, it will be Family Rights, etc", he explained.
- "The Conclusions, that we (ECSR) presented this Morning, concern Labour Rights, and, from this point of view, the Charter is Very Demanding of States", so that "It's not easy for any State (f.ex. not even Germany !) to be in Full Conformity with all the provisions of the Charter concerning Labour Rights".
- "Indeed, It depends on many circumstanes, but, there is at least one provision: Article 4, (on "Fair Remuneration") which is very Difficult for States", he found, as far as the Great Number of denounced Violations for 2014 is concerned, (See also Infra).
+ Moreover, "of course, during the Last Year, (2014), there was, and stil are, Impacts of Economic Crisis, of Financial Crisis, and of the Austerity Measures, and Reforms of Labour Markets, (taken in order to face those problems, including Public Debt, as well as to augment Competitiveness vis a vis the Global Market), there can be More Problems, from the point of view of Respecting Labour Rights. This is true", he added.

>>> - "But, my perception is that, we are Starting Now, the Beginning of a New Trend, which is more Aware of the Importance of Social Rights, not only at the level of the CoE, but also at the level of the EU". F.ex., "Now, we are Beginning to talk about Evaluation of Social Impact of some EU acts, etc".
- "I think that this is Important. During periods of Crisis, and also of Uncertainty" sometimes "can be an Opportunity to re-consider the Importance of respect for (elementary) Social Rights, also, mainly, for Preventing Huger Crisis, and for Preventing Social Exclusion, social Marginalisation, so to say, which can (even) be very Dangerous, as also Recent Events in France" have shown, with the "Charlie Hebdo" Massacre and other effective or planned Extreme Islamist Terrorist Attacks, (f.ex. reportedly by 5 Tchechens, as well as in Belgium, Germany, etc).
In this latest regard, it's also true that, already, German Chancellor Angie Merkel, had stressed right from the Start of her Press Conference, at the conclusion of the last EU Summit on December 2014 in Brussels, the current need to take Measures in order to face also a big "Unemployment", etc., as the Conclusions of that Summit point out. As for a possible link between Socio-Economic Segregation or even Appartheid, and Criminality, even Terrorism, this was recently stressed also by French Prime Minister Valls, etc., who launched a call to End Social AppartHeid in certain Cities' Suburbs as he said.
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+ "Working Poor" : An American or also a European problem ?
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+ Further on, "EuroFora" reminded Palmisano the Problem, notoriously met in the US but also elsewhere, of the so-called "Working Poor", i.e. People who have a Job, but it's not enough for them, to the point that, as f.ex. some recent Panels in France have shown, someone might be at the same time Worker and "SDF" ("sans domicile fixe" : i.e. Homeless)...
=> In other words, the "Working Poor" problem, is it "a Common problem", or only an American Problem ?", we wondered.
- "It's a Common Problem", both for USA and the EU, replied President Palmisano. - "But the Right to Work, from the perspective of the Social Charter, does not imply policies for developing Employment and Creation of Jobs".
- "However, If you start policies trying to improve Job Placement or more work for everyone", etc., then, "it is Important that States guarantee Good Conditions of Work, Liberal, Decent Pay, etc", he stressed.
- Indeed, f.ex., Article 4, paragraph 1, of the European Social Charter, the "Right of Workers to a Remuneration such as will give them, and their Families, a Decent Standard of Living" :
But, out of the 10 States controled in this regard by the CoE in 2014, not even the Richest EU Country, Germany, didn't manage to avoid a Critical Denonciation of a Violation of CoE's Social Charter, as well as the UK, Spain, Luxembourg and Greece, while Iceland had avoided to inform this time the CoE, with the only Exception of Denmark alone, as the ECSR Conclusions published Today reveal.
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+ The "Prague" Question, and Jobs' Quality :
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Last, but not least, in this Time of Crisis, "EuroFora" raised also the Question of new Jobs' elementary Quality, as well as Unemployed People's Human Dignity, in this regard :
- "F.ex., if somebody has reached an Education level normaly destinated for becoming a University Professor, but doesn't find such a Job in 1 or 2 Years Time, etc., could he be obliged, at the end, f.ex., to Clean the Streets (where Competition is even more Harsh, because there are Many Competitors"), by being threatened that, if he refuses to do so, he would be excluded from any social benefit, abandoned to live with Nothing ?- I.e. can States adopt Legislation which would Oblige to Downgrade very Harshly, the kind of work that a Person is supposed to do, even at a Shocking level, threatening him, otherwise, to cut the slightest Social Aid, abandon him to starve ?"- "Is this Nightmarze possible, or do we have Safeguards ?", "EuroFora" asked.
A similar Experience had been inflicted, reportedly, f.ex. to the current ArchiBishiop of Prague, in the Czech Republic, back during the former "Socialist" regime of the Past, as a kind of Politicaly motivated Punishment, when he was a Christian Bishop, suddenly obliged to Clean Windows at Prague's Buildings, for almost 10 Years. His moral and intellectual Resistance to such a Harsh ill-treatment, despite Hard Sufferings, was one of the main reasons for which Pope Emeritus Benedict had on 2010 decided to choose him for a Promotion as ArchiBishop of the Country. + Mutatis-mutandis, anOther such example migh also be found at a famous film with Woody Alen, where he plays the role of a Poilitical Disident in the USA durin Macarthy's Cold War era, when a Play Writer was obliged to Sell Oranges in the Street, because his Name was Secretly Black-listed and Excluded from any opportunity to find any Work corresponding to his education and experience.
- "We can't say that States are legaly obliged to guarantee work places of the level of the expectations of Workers". Nevertheless, in really very Harsh cases of brutal attempts to impose very Downgraded jobs, (which may really "Shock someone, or even push him to commit Suicide", etc, as we observed), then, "this can be controled by the (PanEuropean) Social Charter", positively replied President Palmisano. "There are Provisions, regarding this".
- In fact, "it's not easy to find out a Specific Legal Obligation, which prevents States to UnderEmploy", let's say so, IF you accept this". - "But", if not, in case of attempts to press someone to do so, "this can pose a Problem, for the European Social Charter, particularly in extreme cases. "However, since we can have occasions to Deal with Specific Isssues, I don't want to say : - "Yes, or No" in abstracto. "Because it depends on the circumstances of these specific cases", President Palmisano estimated, carefully but positively.
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2015 : Family + Childrens' Social Rights
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+ "What can be expected by the People when you willl start checking about Families' Rights, next Year (2015-2016), "EuroFora" asked President Palmisano in fine.
- When "'we assess whether States ensure Protection for the Family", then, this goes both "from the Social and Economic point of View", he stressed from the outset.
- "But this implies Resources and Positive Measures".; Otherwise, "If a State Fails to guarantee a Minimal Protection, of the Basic Social and Economic questions, in order to protect Family, then, this is a Problem from the point of view of the European Social Charter"
- "However, the Charter is a kind of "Bill of Rights". So it does not impose Social Policies. There is a Marge of Appreciation for States", warned Palmisano, who is well placed in order to have both a European and a Global view, since he's also Director of the Institute for International Legal Studies at Italy's Research Council in Rome, specialized in both EU and International Law,
+ Since this coincides with Controversial moves by a Minority of States to impose, in addition to Natural Family, also a kind of "Marriage" of Homosexuals, and, in certain cases, giving them even a Right to Adopt Children, etc., "EuroFora" asked afterwards CoE's Director on Social Rights, Regis Brillat, what kind of Definition of "Family" will the European Sociall Rights' Committee adopt in such cases. He found probable that the ECSR will rather follow each State's particular decision, on this regard, since even ECHR's case-law, recently doesn't oblige all COE's Member States to follow only the Defintiion given by the PanEuropean Convention of Human Rights, (Article 12 ), which had explicitly linked Marriage with the Natural Couple of a Man and a Woman, according to the original Text, which hasn't, however, been changed at all by a Majority of Contracting States, which is still attached to the Natural Family...
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+ Meanwhile, Brillat, who presented to the Press, earlier Today, a brand new Data Base on ECSR's Decisions, (prepared in cooperation ECHR's famous HUDOC Internet portal on Human Rights), told later "EuroFora" that he was going to personaly participate these Days at a Brussels' Conference on EU Trade Unions, which are notoriously active Players also in CoE's Collective Complaints procedure against Violations of its PanEuropean Social Charter. However, another such Important Actor can also be the European/International NGOs for Human Rights, particularly concerning the need to protect also some among the most Fragile parts of the Population, such as f.ex. long-time Unemployed Youth, Families, Elders, People facing Extreme Pauvrety, and other persons who might be, at one moment or another, more or less excluded from the usual standard, average Social Net.
- But CoE's experienced Director of Social Rights, also pointed at the fact that EU Trade Unions are among those Civil Society Forces which have a real Interest to incite more European States to sign and/or Ratify also CoE's new, "Revised" Social Charter, which "is updated and in conformity with EU's Fundamental Rights' Charter" law, as he reminded us, (f.ex. on Equality for Women, etc).
ECSR, which has only 15 Members from CoE's 47 Countries, re-elected these days in Strasbourg also Professor Petros Stangos, from Aristote University of Thessalonica, Greece, both as one of its 2 vice-Presidents, together with Monika Schlachter, Professor at the University of Treves, Germany, as well as for a 2nd Mandate of 6 more Years, (i.e. 2015-2020).

PanEuropean CoE's political Will to boost at least the defense of elementary Social Rights is Recently Highlighted, inter alia, also by its Committee of Ministers' decision to Upgrade the Rules of Procedure for a more efficient functioning of the ECSR, followed by a High-Level mega-Conference , with more than 400 Participants, focused on relaunching the PanEuropean Social Charter, last October in Turin (Italy), which will be followed, in the framework of the current Belgian Presidency of the CoE's Committee of Ministers, also by a prospective view Conference "on the Future of the protection of Social Rights in Europe", scheduled for February 2015 in Brussels.
(../..)
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Ten Years of ECHR : 1998 - 2008 show need of Revival in 2009-2010 coinciding with 2009 EU Election
A threefold, coordinated move by new Top French Political actors in the 2009 EU Parliament Elections, expressed in Strasbourg a will to boost Europe's Political dimension close to Citizens' concerns, going from protection of Economy to defence of Human Rights.
The move met an exceptional ECHR's call for a "revival" of Human Rights' protection mechanism', in a Mega-Conference, early 2010.
Obviously focusing on June 2009 Elections to EU Parliament, it involved from the outset the recently nominated "dual" Head of French Governing Party (UMP) Michel BARNIER and Rachida DATI :

- "As President Sarkozy has clearly said, we (France) are in favor of a Strong, Sovereign and Independent, Political Europe, which protects its Citizens, and not for a large Super-Market, nor for a Europe under influence",
"This goes for everything, including Energy", added to "EuroFora" the experienced former EU Commissioner, Minister of Foreign affairs, currently of Agriculture and Sarkozy's new pick as Leader of the Governing party UMP to EU 2009 Election, Michel BARNIER .
- Human Rights are important because they are at the Heart of the Political Europe that we aspire for : I.e. a Europe able to act and protect its Citizens, stressed also the New French Minister for European affairs, Bruno LE MAIRE, while meeting Strasbourg's Journalists at his first visit to the CoE.
This is one of the main interests for CoE, which is also a natural place for cooperation between EU countries and Russia or Turkey, which was recently helpful at the Middle East crisis, he added.
The move gained momentum with French Minister of Justice, Rachida Dati's main observations at ECHR's 5Oth Anniversary :
- "While we are seeking Europe's Borders and Identity, you (ECHR) remind us also of its Values", Human Rights, Dati noted.
Citizens seek more and more often ECHR's help, and the tempo accelerates, Europa awaits a symbol, while national legal orders are not freezed
And she expressed "support" to ECHR President Jean-Paul Costa's call to satisfy the vital need to revigorate the PanEuropean Court by deciding big changes at a High-Level Conference open to a large audience, a kind of "Etats Generaux" of Human Rights, at the beginning of 2010.
It's not so much the recently growing number of applications for Russia or Ukraine etc, which seems to be Costa's main concern : In fact, the cases declared "admissible" are much fewer...
But rather the persistent violations of Human Rights, sometimes very grave (ie. murders, torture, abritrary deprivation of liberty, oppression of freedom of speech, destructions of homes/properties, etc), despite numerous, repeated condemnations by ECHR. So that CoE's Ministers, due to "supervise execution" of ECHR's judgements, are overloaded.
F.ex. most Media noted that Turkey still remains, even in 2008, the 1st among 47 CoE member States in the number of condemnations by ECHR : 257, compared to 233 for Russia, with a population more than the double..
The problem is that it's not the 1st time at all : During all the last Decade 1998-2008, Turkey was condemned by ECHR much more than any other State, and for particularly grave violations :
- 1.652 condemnations, compared to 605 for Russia, 548 for Poland, 494 for France, 476 for Ukraine, etc.
Italy's second place with 1.394 condemnations is a misleading false appearance : In fact, most of them (999) concern mere "procedural delays" in national courts. Same for France.
On the contrary, Turkey was condemned 180 times for Killings, 192 times for Torture or Inhuman/Degrading treatments, 340 times for arbitrary deprivation of Liberty, 528 times for "Unfair trial", and 169 times for oppression of Freedom of speech, (etc). And the latest, 2008 numbers, indicate no change in this trend, (See supra).
The current Spanish CoE Presidency (November 2008 - May 2009) has made of the implementation of ECHR's judgements its 1st Priority.
ECHR's President, Jean-Paul Costa, stressed in its 2009 Annual Press Conference, CoE Member States' obligation to implement the judgements, according to Article 46 of the European Convention on Human Rights.
Moreover, if CoE's Committee of Ministers delays to ensure implementation, then, the repetition of violations in similar cases provokes a multiplication of complaints tabled to the Court, which overload the mecanism for the protection of Human Rights, denounced Costa.
A series of Debates on "the situation of Human Rights in Europe", focusing on the "need to fight against Impunity" of perpetrators of grave crimes, is currently prepared by CoE's Parliamentary Assembly for the session of June 2009.
The final Timing comes shortly AFTER the EU Elections, but the main Reports should have been adopted before.
Meanwhile, French President Sarkozy and German Chancelor Merkel's recent call "for a Political Europe" in 2009 EU Elections (See earlier "correspondence from Paris, Elysee Palace), seems more and more endorsed also by other EU Countries' Top MEPs :
Thus, f.ex., EU Parliament's 1st vice-President, Greek MEP Mrs Rodi KRATSA, speaking to "EuroFora", agreed that 2009 EU Election would be a "naturally good" opportunity to debate what really interests EU Citizens : "The Future of a Political Europe, able to face the Economic Crisis, with a Culture and identity which attracts the People"

(Photo taken earlier during Sarkozy's 1st visit at EU Parliament, in 2007 : Sarkozy and Merkel's Ideas for a Political Europe inspire also other EU politicians accross the continent)...