The European Convention on Human Rights (hereinafter “the Convention”) was primarily designed to protect the civil and political rights. With some exceptions, it does not ensure social rights. The main exceptions are the following: Article 4(2) (prohibition of forced labour), Article 6(3)(c) (legal aid); Article 11 (freedom of association and the right to strike) and, finally, Article 2 of Protocol No.1 (right to education). However, for several years, the ECtHR has held that there is a certain ‘permeability’, a ‘porosity’ between the rights guaranteed by the Convention and social rights...
The Court of European Human Rights, the protection of social rights, its relationship with the European Committee of Social Rights
RODEAN, Neliana Ramona
2014-01-01
Abstract
The European Convention on Human Rights (hereinafter “the Convention”) was primarily designed to protect the civil and political rights. With some exceptions, it does not ensure social rights. The main exceptions are the following: Article 4(2) (prohibition of forced labour), Article 6(3)(c) (legal aid); Article 11 (freedom of association and the right to strike) and, finally, Article 2 of Protocol No.1 (right to education). However, for several years, the ECtHR has held that there is a certain ‘permeability’, a ‘porosity’ between the rights guaranteed by the Convention and social rights...
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