Liberal Democracy Depends on Social Rights

    The High-Level Conference on Social Rights-European Social Charter of 18-19 March will take place against a backdrop of the long-term erosion of liberal representative democracy across many parts of the world.

    In many democratic societies, growing inequality levels, lower social mobility and economic insecurity have accompanied increased economic stagnation. These trends were exacerbated by the pandemic and the slow-simmering cost-of-living challenges that brutally accelerated into a crisis as a result of the inflationary surges following Russia’s launch of a full-scale invasion against Ukraine in early 2022. And inflation is on the rise again following the US-Israeli war on Iran that that began last month – a war whose economic fallout is not yet fully clear but threatens to be significant.

    There is the clear and growing evidence that delivery of social rights – rights to housing, education, social protection and decent living standards – is fundamental to sustaining confidence and trust in democracy. For instance, Eurofound’s Living and Working in Europe 2024 Report highlights declining trust in institutions, closely linked to financial insecurity. Crucially, Eurofound’s research demonstrates that those more affected by the cost-of-living crisis have a much lower level of trust in national governments (and the EU). This was particularly true of those reporting that they struggle to make ends meet or that they are behind in their energy bills.

    The view that liberal representative democracy is an effective deliverer of the goods and services fundamental to social rights enjoyment and the ability to live a decent life is under serious pressure across Europe.

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    We are now at the point where it is well-established that there is a relationship between enthusiasm for political parties that claim to want to “implement the general will of the people irrespective of existing liberal democratic institutions” and growing concern about access to goods and services linked to social rights enjoyment and the ability to live a decent life. Indeed, the question of the relationship between social rights, democracy, democratic stability and security is addressed directly in the Reykjavik Declaration that was adopted by heads of state and government at the 4th Council of Europe (CoE) Summit in May 2023. This Declaration stated that “Social justice is crucial for democratic stability and security, and in this regard we reaffirm our full commitment to the protection and implementation of social rights as guaranteed by the European’ Social Charter system.”

    This understanding of the centrality of social rights achievement to democracy security is also reflected in the New Democratic Pact process of the Council of Europe, a key element of which is to protect democracy through safeguarding “the structural integrity of democratic systems, from European and outside actors, while addressing the socio-political roots of disillusionment, extremism, and polarisation”. In this regard, the Pact speaks of promoting social rights for all, “tackling the impact of socio-economic inequalities that erode confidence in what democracy can deliver – leaving no one behind”.

    There has never been a more important time to do this. In its work, the CoE European Committee of Social Rights has seen clearly the legal and political challenges posed by the convergences and divergences between social rights enjoyment and democratic governance in Europe over the last decades. The ongoing failure of national law, policy and institutions to respond to increasing socio-economic and other inequalities including wealth and income inequality is sharply evident in the Committee’s work on the cost-of-living and housing crises, the erosion of social protection across Europe, as well as our depressingly large body of case-law focused on significant steps backwards in terms of labour rights, which began in the 1980s but has intensified significantly in the last two decades.

    Social rights are under pressure in Europe. It is not surprising that democracy is, too.

    If the Pact’s aims are to be achieved – that is, “achieving democratic resilience” and “rebuilding trust in democracy”, it is vital that social justice should be given substantive meaning and linked with concrete objectives. Specifically, social justice and its associated objectives should be conceptualised and framed in terms of legally binding social rights under the Charter. These rights provide content and form to social justice that is not provided by any other CoE or international instrument or initiative.

    The forthcoming High-Level Conference in Chisinau which will bring together Ministers from the Council of Europe member states to discuss social rights in Europe, is an ideal chance to consider in detail how the Charter and social rights can be leveraged to support democratic security in Europe. Those concerned about democracy in Europe cannot afford for it not to be taken.

    Aoife Nolan

    Aoife Nolan is president of the Council of Europe European Committee of Social Rights, the leading European monitoring mechanism on social and economic rights. She is professor of international human-rights law and director of the Human Rights Law Centre at the University of Nottingham.

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