Social rights of military personnel and veterans: European standards for advocates

In cases involving the social and labor rights of military personnel and veterans, advocates are increasingly required to work not only with national legislation but also with European standards. The collection of decisions by the European Committee of Social Rights can serve as a practical guide.

The practical significance of this collection was discussed during the second meeting of the Steering Committee of the Council of Europe project «Strengthening the social dimension in Ukraine». The publication was prepared with the participation of the Ukrainian National Bar Association.

The event was attended by representatives of government agencies, the judiciary, international organizations and advocates. The UNBA was represented at the event by Viktoria Polishchuk, chairman of the UNBA Committee on labor law. In her presentation, she highlighted the role of the legal community in protecting social and labor rights, especially under martial law.

V. Polishchuk noted that the publication systematizes the European Committee of Social Rights’ approaches to interpreting the provisions of the European Social Charter. For advocates, it can serve as a practical tool when formulating legal positions, applying international standards in national practice, and protecting the rights of military personnel and veterans.

The head of the relevant Committee emphasized that even in wartime, social protection must be real and effective. Social rights must not remain merely declarative, and any restrictions on the rights of military personnel must be proportionate and justified.

Another approach of the European Committee of Social Rights is prioritizing the substantive content of legal relationships over their formal classification.

The speech also emphasized the importance of social dialogue and representation in the field of national security. In this context, what is key is not the mere existence of legislation, but the effectiveness of mechanisms that allow individuals to actually exercise their rights.

These approaches are of particular importance for Ukraine in the context of martial law and the harmonization of national legislation with European standards. Advocacy, for its part, can play an important role in ensuring that European legal approaches are applied not only at the level of legislative changes but also in specific cases.

A collection of selected decisions of the European Committee of Social Rights regarding the social and labor rights of military personnel and veterans in Ukrainian can be downloaded from the website of the Council of Europe.