Strasbourg, 12/10/2015 (Agence Europe) - The Council of Europe Committee of Social Rights adopted a “Statement of interpretation on the rights of refugees under the European Social Charter” on Friday 9 October.
The clarification of the texts comes as the states party to the charter are drafting their respective annual reports to be submitted to the committee, which will publish its conclusions in January 2016.
The committee highlights the responsibilities on states to ensure that migrants are protected in Europe, to treat them with dignity and to guarantee their fundamental rights.
The European Social Charter, which was signed in 1961 and revised in 1999, complements the European Convention on Human Rights in the area of social rights. It sets out rights in areas such as housing, health, education, employment, legal and social protection and non-discrimination. Its goal is to tackle poverty and social exclusion and it covers the issue of migrants and asylum seekers.
In its statement, the Committee of Social Rights “emphasises the urgent and unconditional need to treat with solidarity and dignity the men, women and children who arrive on European territory, and who have a right under international law and the relevant national and European laws to the protection of European States as refugees”.
It notes that the 1951 Convention on the Status of Refugees defines refugees on the basis of their situation and not administrative recognition of refugee status and emphasises that states party to the Charter must therefore promote “the prompt social integration of refugees”.
It recalls that these obligations “require a response to the specific needs of refugees and asylum seekers, such as courses for learning the language of the host state; the recognition of their qualifications; the liberal administration of the right to family reunion; and the right to undertake gainful employment and thus contribute to the economy” of the host state.
“Refugees must be accorded treatment equal to nationals in respect of elementary education … and public relief and assistance”, the Statement also makes clear.
Consequently, the Committee of Social Rights requests that all states party provide “up-to-date and complete information relevant to the situation of refugees and displaced persons on their territory” in their reports. “Where specific measures apply to such persons these should be clearly described, and any difference of treatment in relation to the treatment of other persons subject to their jurisdiction should be justified with reference to the principles of Article 31 of the 1961 Charter and Article G of the Revised Charter”, it adds.
The European Social Charter has not been signed nor ratified by Liechtenstein or Switzerland. It has not been ratified by Croatia, the Czech Republic, Denmark, Greece, Luxembourg, Monaco, Poland, San Marino, Spain or the United Kingdom. (Original version in French by Véronique Leblanc)