Economic and Social Rights in a Market Economy

(Article 1 of Protocol no. 1, Articles 6 and 14 of the European Convention on Human Rights; the European Social Charter) 

(Duration: 2 days)

For a market economy to develop the market participants (potential domestic and foreign investors, consumers, workers, etc.) need to have secured either their entrepreneurial basis or the basis of their private life in a civil society. This concerns in particular the right to property (Article 1 of Protocol 1 to the European Convention on Human Rights). In addition, for a functioning market economy the proper administration of justice is vital. The judiciary in Russia often is subjected to manipulation by central and regional political authorities. Property rights are not adequately protected, in particular property belonging to certain associations like trade unions or religious groups.

Pressing problems exist for actors with little market power like pensioners, single mothers or workers. Their economic position is protected, to a certain extent, by the European Social Charter as well as by some provisions of the Human Rights Convention. Certain special economic measures concerning particular groups or individuals may conflict with the prohibition of discrimination laid down in Article 14 of the Convention. 

Aim 

This workshop intends to set out a number of crucial rights within a market economy in order to strengthen the capacity of lawyers and human rights activists to advise their clients on European and International human rights arguments, make use of them in campaigns and in Court proceedings. 

Audience

The seminar is mainly directed to human rights activists and practising lawyers. Participants may also include judges, members of the Prokuratura, students or university teachers. 

Learning methods to achieve the aim

An emphasis is laid on inter-active learning methods such as case studies, discussions in working groups and a moot court (mock trial), enabling participants to effectively make use of the acquired knowledge. 

Trainers: Members of the MOST project (German experts) 

TIME TABLE 

First day, morning session 

1. Introductory round: what human rights problems and achievements concerning economic and social rights do we see in Russia? 

Discussion

2. International systems of human rights protection. International Covenant on Economic, Social and Cultural Rights. ILO Conventions.

3. The European system of human rights protection: The European Convention on Human Rights and the European Social Charter.

Discussion in working groups; presentation in the plenary

4. Overview of the substantive guarantees laid down in the European Convention on Human Rights. 

First day, afternoon session

5. Enforcement procedure: Taking a case to the Court. Practical aspects (costs, effects of judgments, role of lawyers, media, and NGOs) 

Case studies 

6. Right to property (Article 1 of Protocol 1) 

Case studies 

Second day, morning session

7. Right to fair trial (Article 6)

Case studies 

8. Freedom from discrimination (Article 14) 

Case studies 

Second day, afternoon session 

9. The European Social Charter 

Discussion 

10. Evaluation, conclusion and outlook