La Charte Sociale Européenne: une arme face aux réformes anti-crise mises en place en Espagne

Abstract

This article The European Social Charter ('ESC') is the most significant social rights treaty, truly becoming Europe´s Social Constitution (Turin Process). Spain lagging behind over thirty-four European States, who have already ratified the revised 1996 ESC, is a much regrettable reality. Fortunately, despite this unacceptable reality, the judicial application of the ESC by labour courts is making substantial progress; since November of 2013, as regards enforcement of the 1961 ESC and its 1988 Protocol, in relation to legislative amendments adopted in order to deal with the economic crisis, namely, the duration of the one-year trial period for new labour contracts, the revocation of the pensions uprating, and the consideration of on-call periods as working time, among others. As a result of the foregoing, the European Social Charter has become a weapon for citizens vis-à-vis social rights, and consequently, human rights violations.