THE SOCIAL HUMAN RIGHTS AS A CONSTITUTIONAL VALUE: THE EXPERIENCE OF UKRAINE AND THE ROLE OF THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS

Abstract

The purpose of the research is to study the role of the case law of the European Committee of Social Rights in harmonizing social rights standards in Ukraine and to analyze the interaction between national and international mechanisms in this field. The article covers issues related to the legal status of social rights, their constitutional protection, monitoring mechanisms, and the interaction between national and international human rights mechanisms. Social rights are examined as part of the constitutional human rights that ensure basic needs and guarantee a decent standard of living. The article reviews theoretical studies from Ukraine, France, India, Ireland, Switzerland, and other countries in the field of third-generation rights. The legal nature of social rights is emphasized, as their implementation is ensured through legal mechanisms, including the monitoring activities of the European Committee of Social Rights and the application of the European Social Charter. The interaction between national and international protection of social rights is analyzed, particularly through the harmonization of standards using the case law of the European Committee of Social Rights by the European Court of Human Rights and national courts in Ukraine. The advantages of the biennial reporting cycle for states in the monitoring activities of the European Committee of Social Rights are highlighted. Special attention is given to case law in the context of social rights. The Conclusions of the European Committee of Social Rights are examined as examples of case law that shape precedent practice for the interpretation and application of social norms enshrined in the Charter. The article concludes with one of the key roles of the Committee's case law in the process of harmonizing social standards in Ukraine. It stresses the need to bring Ukraine's national legislation in line with European standards, which is a necessary step for Ukraine's integration into the legal space of united Europe.