The ‘manifestation’ of social rights and the marginalisation of the European Social Charter in the United Kingdom

Résumé

This article is concerned with the United Kingdom and the Social Charter.  It examines the ratification of the Charter, the acceptance of Charter provisions, and compliance with these latter obligations.  The paper considers the role of the domestic courts as well as the European Court of Human Rights in the enforcement of Charter obligations, whether directly or indirectly. The implications of the post Brexit EU-UK Trade and Cooperation Agreement which imposes duties on both parties to comply with accepted Social Charter measures are also addressed.  Following an account of the potential role for parliamentary scrutiny in monitoring compliance with the Charter, the paper concludes with a bleak assessment of low levels of compliance by successive British governments and ineffective methods of enforcement in domestic law.