Doc. 9746

20 March 2003

Malta Declaration on Access to Social Rights

Communication from the Committee of Ministers

Letter from the Chairman of the Ministers’ Deputies to the President of the Parliamentary Assembly, dated 11 February 2003

Dear President,

I take pleasure in enclosing a copy of the Malta Declaration for the information of the Parliamentary Assembly, in accordance with the Deputies’ decision (825th meeting, 22 January 2003).

...

Signed:

Joseph LICARI

Decisions of Ministers' Deputies

825th meeting – 22 January 2002

Item 6.2

Conference on Access to Social Rights

(Malta, 14 - 15 November 2002)

Malta Declaration

(CM(2002)195)

Decisions

The Deputies

Took note of the Malta Declaration, adopted during the Conference on Access to Social Rights (14 and 15 November 2002, Saint Julians, Malta) and, in accordance with the recommendations contained in this Declaration:

1.       gave their full support for the continuation of the Council of Europe’s work on promoting recognition of and effective access to social rights, giving preference to integrated approaches;

2.       invited the European Committee for Social Cohesion (CDCS) to take the necessary steps to ensure coherence between these activities and other Council of Europe activities;

3.       adopted Decision No. CM/854/22012003 assigning ad hoc terms of reference to the CDCS , as it appears at Appendix 9 to the present volume of Decisions;

4.       instructed the European Committee for Social Cohesion (CDCS) to pay due attention to the conclusions of the Conference on Access to Social Rights in its future work;

5.       encouraged member states to ratify the Council of Europe legal instruments in the social field;

6.       agreed to transmit the Malta Declaration to the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities of Europe (CLRAE), the Development Bank of the Council of Europe and the Office of the Commissioner of Human Rights as well as to the following committees, for information: the European Health Committee (CDSP), the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR), the Steering Committee for Human Rights (CDDH), the Steering Committee for Equality between Women and Men (CDEG), the European Committee of Social Rights (ECSR), the Governmental Committee of the European Social Charter (T-SG) and the Education Committee (CC-ED);

7.       agreed to transmit the above-mentioned Declaration to the European Commission, to the European Parliament and to the International Labour Organisation (ILO).

Conference on Access to Social Rights

(Malta, 14 and 15 November 2002)

“MALTA DECLARATION”

PREAMBLE

The Conference,

Bringing together representatives from the member states of the Council of Europe, the observer states and other non-member states, international organisations, members of parliaments, representatives of workers and employers, non governmental organisations and research centres;

Welcoming the quality of the report on Access to social rights in Europe presented on this occasion;

Bearing in mind that the promotion of effective access to social rights is a key element of the Strategy for social cohesion;

Aware of the indivisibility and the interdependence of human rights and affirming its commitment to the promotion of social rights as part of human rights and as a factor for the reinforcement of human dignity;

Considering that respect for human rights is one of the key elements of sustainable development;

       Recalling that, through its legal instruments, in particular the European Social Charter, the Revised European Social Charter and the European Code of Social Security, the Council of Europe has established a set of international standards and procedures for promoting an approach to sustainable development based on social rights;

Aware of the fundamental role that social rights have played in the development in Europe over the last century and will have to play in the future;

Aware that preserving and strengthening social rights encounters new challenges, posed by current economic and demographic trends in Europe;

Convinced that effective access to social rights for all, in particular for the most deprived and vulnerable, is essential for the enjoyment of human rights;

Convinced that effective access to social rights contributes to social cohesion;

Aware that poverty and social exclusion are factors undermining the enjoyment of human rights;

Aware of the importance of access to social rights for active citizenship;

Convinced of the importance of promoting social responsibility;

Recognising the interdependency of different social rights.

CALLS ON GOVERNMENTS AND OTHER POLITICAL, SOCIAL AND BUSINESS PARTNERS:

TO DEVELOP AND IMPLEMENT POLICIES PROMOTING ACCESS TO SOCIAL RIGHTS ON THE BASIS OF THE FOLLOWING PRINCIPLES:

TO PROMOTE ACCESS TO SOCIAL RIGHTS, IN ACCORDANCE WITH THE FOLLOWING POLICY GUIDELINES AND RESULTING MEASURES:

Provide an adequate legal framework and appropriate mechanisms for the effective implementation of social rights;

Guarantee accessible and transparent systems of appeal and redress;

Actively combat discrimination against users, with particular attention to vulnerable groups;

Maintain a well-run social protection system and a range of services to meet needs in the fields of health, employment, housing and education;

Consider establishing minimum levels of resources that enable people to live in accordance with human dignity;

Encourage the fullest possible integration of available benefits and services, in particular by means of a better allocation and coordination of responsibilities;

Provide adequate human and financial resources and ensure that these are used in an optimal way;


Introduce multidimensional communication strategies and keep the quality and efficiency of information constantly under review;

Provide premises suitably adapted to people with special needs;

Take into account the special situation of marginalised regions and areas in both the development and implementation of policy measures;

Reinforce the monitoring and implementation systems for social rights by involving users and by encouraging a sense of responsibility on the part of services;

Systematically assess the impact on access to social rights of current and new policies and measures.

AND TO THIS END RECOMMENDS THAT THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE:

Give full support for the continuation of the Council of Europe's work on promoting recognition of and effective access to social rights, giving preference to integrated approaches;

Instruct the European Committee for Social Cohesion (CDCS) to prepare a draft recommendation on access to social rights and to pay due attention to the conclusions of the Conference in its future work;

Take the necessary steps to encourage ratification of Council of Europe legal instruments in the social field, particularly those establishing new rights, with a view to improving access to social rights for everyone and, in particular, for the most vulnerable.