Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

330 PRACTITIONERS GUIDE No. 12
Committee of Social Rights (ECSR). 874 The complaints must be
submitted in one of the Committee’s working language, English
or French.
Admissibility phase: For each case, the President of the
Committee will appoint one of its members as Rapporteur. The
Rapporteur will prepare a draft decision on admissibility,
followed by, where appropriate, a draft decision on the
merits. 875 The Committee may request additional information
from the parties on the admissibility of the complaint. If it finds
it admissible, the Committee notifies the Contracting Parties to
the Charter through the Secretary General. 876 The Committee
may declare the complaint admissible or inadmissible without
having invited the government concerned to submit
observations when it considers that the admissibility conditions
are either manifestly fulfilled or manifestly unfulfilled. 877
Examination of the merits: The Committee may request
additional information from the parties and may organise a
hearing, at the request of one of the parties or at the
Committee’s initiative. 878 The Committee will draft a report
containing its conclusions on the State’s violation of the
Charter, if it existed, and will transmit it confidentially to the
Committee of Ministers and the parties, under prohibition of
publication. 879 Thereafter, the members of the Committee of
Ministers which are States Parties to the Charter adopt the
report with a resolution by a majority vote. If the ESCR found a
violation of the Charter, the Committee, in the same
composition, can adopt a recommendation to the State
874
Article 5, AP-ESC. See, Rule 23, ECSR Rules of Procedure.
875
Rule 27, ECSR Rules of Procedure.
876
Articles 6 and 7.1, AP-ESC. See also, Rules 29 and 30, ECSR Rules
of Procedure.
877
Rule 29.4, ECSR Rules of Procedure.
878
Article 7, AP-ESC. See also, Rules 31 and 33, ECSR Rules of
Procedure.
879
Article 8, ibid.