Article of "Brezhnev's" Constitution Returned to Us from Council of Europe

The State Duma decided that Russia is ready to audit its social policy being carried out by Council of Europe. The State Duma ratified reconsidered European social charter of May, 3rd, 1996. The document was supported by 407 deputies, 2 deputies were against, the correspondent of "Polit.ru" Lev Fajnberg transfers.

The European social charter was opened for signing in 1961 and came into force in 1965. In the mid-nineties the document was reconsidered, the volume of the guaranteed social rights was expanded. Russia signed a new Charter on September, 14th, 2000. According to the document all member of Charter are obliged to provide reports on performance of obligations taken at its signing and ratification on the regular basis.

The charter takes into account social and economic distinctions of the states and does not demand obligatory immediate acceptance of all articles. Only 9 articles from 31 are obligatory. Russia will accept obligations in relation to 19 articles.

6 articles are admitted obligatory: about right to work, right to unification, right to collective negotiations, right of children and youth on protection, right of a family to social, legal and economic protection, right to equal possibilities and equal treatment in the sphere of employment and professional work without discrimination on the basis of gender.

Russia also ratifies articles about the right to fair working conditions (except for the point calling to establish paid holidays), about the right to protection and factory hygiene, the right of working women to motherhood protection, the right to carrier-guidance and proficiency training, to health protection, to information and consultation, to protection in case of dismissal, the right of workers with family duties on equal possibilities and equal treatment.

The majority of points of articles about the right to fair compensation for work and about the right of invalids to independence, social integration and participation in society life have been ratified.

Articles about the right to social security, the right to social and medical aid, also about the right of workers-migrants and their families to protection and help have not been ratified.

From editorial board: It is possible of course to become excited that article from "Brezhnev's" Constitution of the USSR about the right to work returned to us from Council of Europe. The modern Constitution of the Russian Federation in chapter 15, in particular, says: "Recognized principles and norms of international law and international contracts of the Russian Federation are component of its legal system. If international contract of the Russian Federation establishes other rules, than the ones provided by the law, rules of international contract are being applied".

That is provisions of the European social charter ratified by the Russian Federation are beyond Russian laws which leave the worker only the right to die in the gutter after his labour force exhaust and it is impossible to sell it.

However we know how Constitution "is being adhered" in our country - every cop will prove at once that a baton in his hand nicknamed already in 90s "democratization-maker" is more important, than any article of the Organic law.

The second moment - scanty list of social guarantees. Let's recollect Brezhnev's USSR where there were guaranteed except the right to work, the right to rest, the right to housing and the right to life. Not speaking about the right to free public health services and education.

Well, as to the articles about the right to social security, the right to social and medical aid the Duma majority refused to ratify them - they were told to do so. Such is our country that "independent" from other branches of authority deputies don't dare to utter a sound against the government. Whether the deputies are against medical aid or social security? Why in the word they are against? Nevertheless they did not signed, did not ratify.

As to the right of workers-migrants and their families to protection and help is even indecent question in the Russian Federation. Strategy of national safety in which migration question is stated practically in edition of the Movement Against Illegal Immigration has been just signed. So what rights do guest workers have in the former "inviolable union"? Russia - for Russians, you know...

А.B.

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