Protection of refugees and other vulnerable persons under the European Social Charter

Abstract

Abstract:

The article argues the need to focus on underexploited European legal instruments, in particular the European Social Charter (ESC) and the European Committee of Social Rights (ECSR), in order to better guarantee the rights of refugees and other vulnerable persons in need of protection. From this point of view, the author suggests that potential justiciability, without real effectiveness, is meaningless. Similarly, the discourse on indivisibility of human rights is empty without taking into account the indivisibility of their guarantees. In this sense, the essay illustrates the current status of refugees and other vulnerable people under the ESC providing examples of the practical impact of the decisions adopted by the ECSR through recent developments of its innovative activity (urgent procedures, third-party interventions, immediate measures) and its case law in the framework of the judicial collective complaint mechanism. Finally, the main challenges for the ESC in relation to interpretation and enforcement of legal standards in favour of refugees and other vulnerable persons are submitted to critical scrutiny under the idea of strengthening positive synergies between constitutional and international levels of guarantee.