C) Recommendations on the Application of the European Social Charter


COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

RECOMMENDATION NO. R CHS (98) 1
ON THE APPLICATION OF THE EUROPEAN SOCIAL CHARTER
BY FRANCE DURING THE PERIOD 1993-94

(13th supervision cycle - part IV)


(Adopted by the Committee of Ministers on 4 February 1998 at the 617th meeting of the Ministers' Deputies)

The Committee of Ministers (footnote 1),
Having regard to the European Social Charter, in particular Part IV thereof;

Whereas the European Social Charter, signed in Turin on 18 October 1961, came into force on 8 April 1973 with respect to France and whereas, in accordance with Article 20, France has accepted seventy-two of the provisions contained in the Charter;

Whereas the Government of France submitted in 1995 its 11th report on the application of the Charter, and whereas this report has been examined in accordance with Articles 24 to 27 of the Charter;

Having examined Conclusions XIII-4 of the Committee of Independent Experts appointed under Article 25 of the Charter and the 13th report (IV) of the Governmental Committee appointed under Article 27 of the Charter;

Having noted that the Committee of Independent Experts had adopted a negative conclusion with regard to Article 17 (the right of mothers and children to social and economic protection) because of the differences which still exist between the inheritance rights of children born in and out of marriage;

Following a proposal by the Governmental Committee,

Recommends that the Government of France take account, in an appropriate manner, of the negative conclusion of the Committee of Independent Experts and requests that it provide information in its next report on the measures it has taken to this effect.


1 At the 492nd meeting of Ministers' Deputies in April 1993, the Deputies "agreed unanimously to the introduction of the rule whereby only representatives of thoses states which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter".
These states are presently Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Turkey and the United Kingdom.


COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

RECOMMENDATION NO. R CHS (98) 4
ON THE APPLICATION OF THE EUROPEAN SOCIAL CHARTER
BY TURKEY DURING THE PERIOD 1993-94

(13th supervision cycle - part IV)


(Adopted by the Committee of Ministers on 4 February 1998 at the 617th meeting of the Ministers' Deputies)

The Committee of Ministers (footnote 1),
Having regard to the European Social Charter, in particular Part IV thereof;

Whereas the European Social Charter, signed in Turin on 18 October 1961, came into force on 24 December 1989 with respect to Turkey and whereas, in accordance with Article 20, Turkey has accepted forty provisions contained in the Charter;

Whereas the Government of Turkey submitted in 1995 its 3rd report on the application of the Charter, and whereas this report has been examined in accordance with Articles 24 to 27 of the Charter;

Having examined Conclusions XIII-4 of the Committee of Independent Experts appointed under Article 25 of the Charter and the 13th report (IV) of the Governmental Committee appointed under Article 27 of the Charter;

Having noted that the Committee of Independent Experts had adopted a negative conclusion:

1. considering that under Article 11 (the right to protection of health) the measures taken to reduce the particularly high rate of perinatal and infant mortality are not sufficient;

2. considering that under Article 16 (the right of the family to social, legal and economic protection) the proportion of families in receipt of family allowance is small; and that the civil code permits inequality within the couple as spouses as well as parents;

Following a proposal by the Governmental Committee,

Recommends that the Government of Turkey take account, in an appropriate manner, of the negative conclusion of the Committee of Independent Experts and requests that it provide information in its next report on the measures it has taken to this effect.


1 At the 492nd meeting of Ministers' Deputies in April 1993, the Deputies "agreed unanimously to the introduction of the rule whereby only representatives of thoses states which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter".
These states are presently Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Turkey and the United Kingdom.

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