A - Undertakings
1.Subject to the provisions of Article B below, each of the Parties undertakes:
a. to consider Part I of this Charter as a declaration of the aims which it will pursue
by all appropriate means, as stated in the introductory paragraph of that part;
b. to consider itself bound by at least six of the following nine articles of Part II
of this Charter: Articles 1, 5, 6, 7, 12, 13, 16, 19 and 20;
c. to consider itself bound by an additional number of articles or numbered paragraphs
of Part II of the Charter which it may select, provided that the total number of articles
or numbered paragraphs by which it is bound is not less than sixteen articles or
sixty-three numbered paragraphs.
2.The articles or paragraphs selected in accordance with sub-paragraphs b and c of
paragraph 1 of this article shall be notified to the Secretary General of the Council of
Europe at the time when the instrument of ratification, acceptance or approval is
3.Any Party may, at a later date, declare by notification addressed to the Secretary
General that it considers itself bound by any articles or any numbered paragraphs of Part
II of the Charter which it has not already accepted under the terms of paragraph 1 of this
article. Such undertakings subsequently given shall be deemed to be an integral part of
the ratification, acceptance or approval and shall have the same effect as from the first
day of the month following the expiration of a period of one month after the date of the
4.Each Party shall maintain a system of labour inspection appropriate to national
Article B - Links with the European Social Charter and the 1988 Additional Protocol
No Contracting Party to the European Social Charter or Party to the Additional Protocol
of 5 May 1988 may ratify, accept or approve this Charter without considering itself bound
by at least the provisions corresponding to the provisions of the European Social Charter
and, where appropriate, of the Additional Protocol, to which it was bound.
Acceptance of the obligations of any provision of this Charter shall, from the date of
entry into force of those obligations for the Party concerned, result in the corresponding
provision of the European Social Charter and, where appropriate, of its Additional
Protocol of 1988 ceasing to apply to the Party concerned in the event of that Party being
bound by the first of those instruments or by both instruments.
Article C - Supervision of the implementation of the undertakings contained in this
The implementation of the legal obligations contained in this Charter shall be
submitted to the same supervision as the European Social Charter.
Article D - Collective complaints
1.The provisions of the Additional Protocol to the European Social Charter providing
for a system of collective complaints shall apply to the undertakings given in this
Charter for the States which have ratified the said Protocol.
2.Any State which is not bound by the Additional Protocol to the European Social
Charter providing for a system of collective complaints may when depositing its instrument
of ratification, acceptance or approval of this Charter or at any time thereafter, declare
by notification addressed to the Secretary General of the Council of Europe, that it
accepts the supervision of its obligations under this Charter following the procedure
provided for in the said Protocol.
Article E - Non-discrimination
The enjoyment of the rights set forth in this Charter shall be secured without
discrimination on any ground such as race, colour, sex, language, religion, political or
other opinion, national extraction or social origin, health, association with a national
minority, birth or other status.
Article F - Derogations in time of war or public emergency
1.In time of war or other public emergency threatening the life of the nation any Party
may take measures derogating from its obligations under this Charter to the extent
strictly required by the exigencies of the situation, provided that such measures are not
inconsistent with its other obligations under international law.
2.Any Party which has availed itself of this right of derogation shall, within a
reasonable lapse of time, keep the Secretary General of the Council of Europe fully
informed of the measures taken and of the reasons therefor. It shall likewise inform the
Secretary General when such measures have ceased to operate and the provisions of the
Charter which it has accepted are again being fully executed.
Article G - Restrictions
1.The rights and principles set forth in Part I when effectively realised, and their
effective exercise as provided for in Part II, shall not be subject to any restrictions or
limitations not specified in those parts, except such as are prescribed by law and are
necessary in a democratic society for the protection of the rights and freedoms of others
or for the protection of public interest, national security, public health, or morals.
2.The restrictions permitted under this Charter to the rights and obligations set forth
herein shall not be applied for any purpose other than that for which they have been
Article H - Relations between the Charter and domestic law or international
The provisions of this Charter shall not prejudice the provisions of domestic law or of
any bilateral or multilateral treaties, conventions or agreements which are already in
force, or may come into force, under which more favourable treatment would be accorded to
the persons protected.
Article I - Implementation of the undertakings given
1.Without prejudice to the methods of implementation foreseen in these articles the
relevant provisions of Articles 1 to 31 of Part II of this Charter shall be implemented
a. laws or regulations;
b. agreements between employers or employers' organisations and workers' organisations;
c. a combination of those two methods;
d. other appropriate means.
2.Compliance with the undertakings deriving from the provisions of paragraphs 1, 2, 3,
4, 5 and 7 of Article 2, paragraphs 4, 6 and 7 of Article 7, paragraphs 1, 2, 3 and 5 of
Article 10 and Articles 21 and 22 of Part II of this Charter shall be regarded as
effective if the provisions are applied, in accordance with paragraph 1 of this article,
to the great majority of the workers concerned.
Article J - Amendments
1.Any amendment to Parts I and II of this Charter with the purpose of extending the
rights guaranteed in this Charter as well as any amendment to Parts III to VI, proposed by
a Party or by the Governmental Committee, shall be communicated to the Secretary General
of the Council of Europe and forwarded by the Secretary General to the Parties to this
2.Any amendment proposed in accordance with the provisions of the preceding paragraph
shall be examined by the Governmental Committee which shall submit the text adopted to the
Committee of Ministers for approval after consultation with the Parliamentary Assembly.
After its approval by the Committee of Ministers this text shall be forwarded to the
Parties for acceptance.
3.Any amendment to Part I and to Part II of this Charter shall enter into force, in
respect of those Parties which have accepted it, on the first day of the month following
the expiration of a period of one month after the date on which three Parties have
informed the Secretary General that they have accepted it. In respect of any Party which
subsequently accepts it, the amendment shall enter into force on the first day of the
month following the expiration of a period of one month after the date on which that Party
has informed the Secretary General of its acceptance.
4.Any amendment to Parts III to VI of this Charter shall enter into force on the first
day of the month following the expiration of a period of one month after the date on which
all Parties have informed the Secretary General that they have accepted it.