CIRC 026: SECTION 127 CJA 1994, THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS AND THE EUROPEAN COURT OF HUMAN RIGHTS.

The European Committee of Social Rights (ECSR) monitors compliance with the European Social Charter, protecting social and economic human rights in Council of Europe member states. Composed of 15 independent experts, it reviews national reports and decides on collective complaints to ensure national laws adhere to the Charter's principles.

The European Committee of Social Rights have recently published their recommendations and have found the United Kingdom to be in breach of its obligations under the European Social Charter in relation to the rights of Prison Officers to have the right to strike. This excludes Scotland where the Scottish Government have restored the rights to strike for the POA.

Usually, if a state is found to be in non-conformity, the Committee publishes its "conclusions" or "decisions." If no action is taken, the Council of Europe's Committee of Ministers may issue a recommendation asking the state to change its practices.

Although, these ECSR recommendations are non-binding conclusions regarding Charter compliance, they still carry significant weight. The European Court of Human Right’s Judgements are binding on states. As many of you will be aware the POA currently have a live case with the ECHR and it is hoped that this ECSR recommendation will have a big bearing on our case.

In the meantime, I have written to the Deputy Prime Minister and Secretary of State for Justice, David Lammy, urging him to avoid court action and to engage with this Union regarding this very important issue.

I attach my letter to Mr Lammy and the ECSR recommendations for your information.

I will keep you informed of any developments.

 

Yours sincerely

STEVE GILLAN
General Secretary

 

 

ENCLOSURE

Attachments

• POA Circular 026-2026 - Section 127 CJA 1994, the European Committee of Social Rights and the European Court of Human Rights.pdf

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