top of page

Art. 30 della Carta sociale europea: possibili interpretazioni (Com. eur. dir. soc., Separate dissen

"If it is interpreted literally, Article 30 implies that states party’s laws and policies which may fall within the sphere of protection against poverty and social exclusion are “dependent” on state activities falling within other areas of social policy such as employment, housing, training, education, culture and social and medical assistance. The words “in particular” used in Article 30 mean that national measures falling within these areas may also be interpreted through the prism of the sphere of state activity covered by Article 30 (i.e. the fight against poverty and social exclusion). [...]

It is not the aim of the interpretative statement on Article 30 to be able to pass automatically from a finding of non-conformity under another substantive provision of the Charter to a finding of a violation of Article 30. Its practical purpose is to ensure that a national measure or practice which is suspected of posing a major risk of social exclusion or poverty and has been examined under another substantive provision will be examined again under Article 30. To some degree, the national measure or practice concerned should be routinely “reread” or “re-examined” by the Committee under Article 30 in conjunction with the other substantive provision of the Charter."

Per il testo dell'opinione dissenziente clicca qui

Post recenti
Archivio
Cerca per tag
Non ci sono ancora tag.
bottom of page