European Social Charter and Spanish Social Protection Laws
EUROPEAN SOCIAL CHARTER AND CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN COMMUNITY
Signed in Turin on October 18, 1961, it’s the primary treaty regulating labor and social security. It comprises three parts:
- Articulated (fundamental aspects): 38 articles in 5 parts.
- Annex on the scope regarding protected persons.
- Declarations and reservations made upon signing or ratification by States.
Principles:
A. Recognition of the right to work: Ensuring the effective exercise of the right to work, aiming for the highest possible level of stable employment and full employment.
B. Right to fair working conditions: Providing reasonable working hours, gradually reducing the workweek, paid holidays, annual leave of at least two weeks, and a weekly rest aligned with national or regional traditions.
C. Right to health and safety at work: Enacting and monitoring safety regulations, consulting with employer and worker organizations on improvement measures.
D. Right to equitable remuneration: Ensuring a decent standard of living for workers and their families, higher pay for overtime, equal pay for equal work regardless of gender, reasonable notice for termination, and limiting wage deductions to those legally or collectively agreed upon.
E. Law Association: Ensuring the freedom of workers and employers to form and join organizations for economic and social interest protection at local, national, and international levels.
F. Right to Collective Bargaining: Promoting equal concentration between workers and employers, voluntary negotiation of employment conditions through collective agreements, conciliation and voluntary arbitration for dispute resolution, and the right to collective action, including strikes.
G. Right to protection of children and adolescents: Setting the minimum working age at 15, prohibiting employment that deprives children of compulsory school age of their education, limiting working hours for those under 16, ensuring fair wages for children and apprentices, providing at least three weeks of paid leave for workers under 18, prohibiting night work for children, and ensuring special protection against physical and moral dangers.
H. Right of workers to protection: Guaranteeing women a minimum of twelve weeks of maternity leave (paid leave, social security benefits, or public subsidies), and making it illegal to dismiss a woman during maternity leave.
I. Right to social security: Establishing or maintaining a satisfactory social security system. The Charter established:
- The European Commission of Human Rights.
- The European Court of Human Rights.
NATIONAL AND REGIONAL LEGISLATION ON SOCIAL PROTECTION
The Spanish social protection system involves defining legislative powers between the state and Autonomous Communities, with uneven distribution.
Article 149.1.7 of the Constitution grants Autonomous Communities legislative and regulatory competence on basic social security, excluding aspects affecting the system’s unity.
Articles 148.1.21 and 149.1.16 delimit state and autonomous community powers in health matters.
According to Article 148.1.20, Autonomous Communities can assume jurisdiction over state social security.
After decentralizing healthcare, the Autonomous Communities manage and provide public health services under state basic rules (Law 14/1986, General Health). The current national health system includes all public health services, facilities, and resources at regional, provincial, and local levels.
In social care (Art. 148.1.20 CE), Autonomous Communities may assume all possible powers, or none. State law intervention in social assistance is not barred, due to state competencies (Art. 149.1.1 CE).
Autonomy statutes incorporate social assistance responsibilities through various formulas.
Local authorities’ powers in social care (Arts. 140-142 CE) are regulated by state and regional regulations. According to Article 25 of Law 7/1985, municipalities can promote activities and provide public services to meet local community needs and aspirations.