ETS 163 – European Social Charter (Revised), 03.V.1996
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Article B – Links with the European Social Charter and the 1988 Additional Protocol
1
No Contracting Party to the European Social Charter or Party to the Additional Protocol of
5 May 1988 may ratify, accept or approve this Charter without considering itself bound by at
least the provisions corresponding to the provisions of the European Social Charter and,
where appropriate, of the Additional Protocol, to which it was bound.
2
Acceptance of the obligations of any provision of this Charter shall, from the date of entry into
force of those obligations for the Party concerned, result in the corresponding provision of the
European Social Charter and, where appropriate, of its Additional Protocol of 1988 ceasing to
apply to the Party concerned in the event of that Party being bound by the first of those
instruments or by both instruments.
Part IV
Article C –
Supervision of the implementation of the undertakings contained in this
Charter
The implementation of the legal obligations contained in this Charter shall be submitted to the
same supervision as the European Social Charter.
Article D – Collective complaints
1
The provisions of the Additional Protocol to the European Social Charter providing for a
system of collective complaints shall apply to the undertakings given in this Charter for the
States which have ratified the said Protocol.
2
Any State which is not bound by the Additional Protocol to the European Social Charter
providing for a system of collective complaints may when depositing its instrument of
ratification, acceptance or approval of this Charter or at any time thereafter, declare by
notification addressed to the Secretary General of the Council of Europe, that it accepts the
supervision of its obligations under this Charter following the procedure provided for in the
said Protocol.
Part V
Article E – Non-discrimination
The enjoyment of the rights set forth in this Charter shall be secured without discrimination on
any ground such as race, colour, sex, language, religion, political or other opinion, national
extraction or social origin, health, association with a national minority, birth or other status.
Article F – Derogations in time of war or public emergency
1
In time of war or other public emergency threatening the life of the nation any Party may take
measures derogating from its obligations under this Charter to the extent strictly required by
the exigencies of the situation, provided that such measures are not inconsistent with its other
obligations under international law.
2
Any Party which has availed itself of this right of derogation shall, within a reasonable lapse of
time, keep the Secretary General of the Council of Europe fully informed of the measures
taken and of the reasons therefor. It shall likewise inform the Secretary General when such
measures have ceased to operate and the provisions of the Charter which it has accepted are
again being fully executed.
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