The European Social Charter has recently received increased attention due to the evolution of its monitoring mechanism and the need to address a multitude of contemporary challenges to socio-economic rights. Although the treaty’s preamble has played a crucial role in the interpretation of substantive provisions and in shaping state obligations, little attention has been paid to the way in which the preamble has defined the fundamental lines of the ‘jurisprudence’ of the Charter’s monitoring body. The European Committee of Social Rights has deduced from the Charter’s preamble several important general principles for the protection of socio-economic rights, on which it grounds its interpretation. This article analyses these principles and evaluates their effects in the relevant practice. The findings suggest that the Charter’s preamble serves different purposes and performs multiple functions in international law, thus challenging the common assumption that human rights treaty preambles are empty phrases of a merely ceremonial nature.

中文翻译：

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重温《欧洲社会宪章》序言：纸老虎还是因祸得福？

由于其监督机制的发展以及应对当代社会经济权利面临的众多挑战的需要，《欧洲社会宪章》最近受到了越来越多的关注。尽管条约的序言在解释实质性条款和塑造国家义务方面发挥了至关重要的作用，但很少有人注意到序言定义宪章监督机构“法理”基本路线的方式。欧洲社会权利委员会从宪章的序言中推导出了保护社会经济权利的几项重要一般原则，并以此作为其解释的依据。本文分析了这些原则并评估了它们在相关实践中的作用。