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INFO. Nr 9
Brussels, 10th May 2000

Position of the EUCDW in view of the inclusion of Fundamental Social Rights in the Charter of human rights with the objective to be included in the EU Treaty
New office !

To the member organisations
of the EUCDW

Dear friends,

Since a long time now the discussion is going on whether the European Union will adopt or not the fundamental social rights and under which form. In this context I refer to The European Convention of Human Rights, the European Social Charter of the Council of Europe and the declaration of fundamental rights and freedoms of the European Parliament. The Cologne European Council decided on 3 and 4 June 1999 to establish a draft Charter of fundamental rights. The text should be ready for autumn 2000. The question if this charter will be incorporated in the new treaty of the European Union and to what point it will be made binding by the institutions and the Member states of the EU has not been answered yet.

As the EUCDW we welcome the current debate because it enables us to discuss not only the fundamental rights but also the fundamental values of the Union. The fact that in addition the non governmental organizations are also associated in the discussion is positive.

The EUCDW demands a charter with clearly defined rights that can be invoked at a court. For us it is essential that those rights also include social rights. In this INFO we present the position of the EUCDW on this topic and we invite you to take part in the debate.

Luc Delanghe

Position of the EUCDW
in view of the inclusion of Fundamental Social Rights in the Charter of human rights with the objective to be included in the EU Treaty

The EUCDW considers social rights as a necessary addition to the freedom rights. Basic freedom rights can only be practised when a minimum of social security is ensured. Fundamental Social Rights should be considered equally as liberties. On the contrary of "classical" freedom rights, which represent in principle "defensive rights" against the state, we demand the realisation of freedom with the help of the state.

A point of crucial importance is the exigence of work. Work is more than just a job, more than only a security of material existence. It is also a crucial factor for the own development, the own satisfaction. It also opens the chance to participate in the formation of our society. For these reasons everyone has the duty and the right to building within his own possibilities.
A number of rights result from those considerations. Those rights have to avoid that working conditions are beneath human dignity and prevent the temptation to see work only as good.

In this field, the EUCDW requires first of all the recognition of the following rights in the European Union:

- the Universal Declaration of Human Rights
- The European Convention of Human Rights
- The ILO Declaration on fundamental principles and rights at work
- The Community Charter of Workers' Fundamental Social Rights
- the above mentioned European Social Charter
- The United Nations Convention on the Rights of the Child.

The EUCDW also demands a broadly catalogue of Fundamental Social Rights, which covers beyond the rights of Workers, also the rights related to the entire life situation of persons:

 

  • The right for families to legal, economic and social protection
  • The right to equal treatment and equal chances for men and women
  • The prohibition of all forms of discrimination based on sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation
  • The right for disadvantaged groups to be integrated into the job market and society.
  • The prohibition of Child labour.
  • The right to a large social protection, which guarantees a human existence in particular in the case of unemployment, illness, care dependence and old age.
  • The right to a minimum income, which makes a human existence possible.
  • The right to education and training as well as lifelong education in accordance with the abilities of each person.
  • The right to free choice of work.
  • The right to health and safety protection at work.
  • The national and trans-national right of freedom of association, collective bargaining and trade union action, including the right to cross-border solidarity action and strike.
  • The right to information, consultation and participation at work on national as well as cross-border level.
  • The right to conservation, protection and the improvement of the quality of the environment, to protection of the consumers and the users against an endangerment of their health and as well security against unfair commercial practices
  • The right to free movement, also the third country nationals who are legally resident in the EU.
  • The right to family reunification for all those who are legally in the EU.

    The medium and long term objective of the EUCDW is the legally and binding inclusion of the Fundamental Social Rights in the new EU Treaty. The EUCDW is convinced that those rights, included in the Treaty, must be the best guarantee for the protection of the citizens.

    The EUCDW is aware that some fundamental rights are for direct application and other fundamental rights only by an individual procedure on the basis of a legal act (directive, decision,...). This legal act must indeed be based on a fundamental right.

    For the EUCDW, respect for fundamental rights is a criterion for the adhesion to the European Union. Additionally, it is of the opinion that sanctions must be foreseen, in case of infringement of those rights.

    The EUCDW also emphasises that each one which enjoys a right, has also the obligation to respect those rights: for the protection of human dignity, in particular in order to guarantee the basic values of liberty, solidarity and democracy.

     

    The European Union of Christian Democratic Workers (EUCDW) consists of 23 workers' organisations from 15 countries and is an association of the European People's Party (EPP).

    responsible: Luc Delanghe, President.



    EUCDW
    European Union of Christian Democratic Workers
    c/o EPP, Rue du Commerce / Handelsstraat 10
    B-1000 Brussels


    E-mail: EUCDW

     

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