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Birita L. Poulsen

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Faroese Ratification of the European Social Charter2
- An analysis of whether or not the Faroe Islands should ratify the Social Charter.

English Summary
The purpose of this article is to find out whether the Faroe Islands should ratify the European Social Charter or not and, if so, to which extent the Faroe Islands should ratify the Charter, that is which artices of the Charter should be ratified and whether the Faroe Islands should ratify the original
Charter of 1961 or the Rev is ed Charter of 1996. The Faroe Islands can be expected to be in compliance with all three paragraphs of article l of the Charter, Article 6 paragraph J, 2 and 3,
Article 12 paragraph J, 2 and 3 and Article 13 paragraph 2 and 3.
On the other hand, the Faroe Islands may not be in compliance with article 5 and article 6 paragraph 4 because of the fact that certain kinds of civil servants are not allowed to strike. Concerning article 6 paragraph 4 there could also be a problem concerning the cooling-off periods that are required in regard to collective action. Similarly, there could be a problem
concerning Article 12 paragraph 4 concerning equal trealment for the nationa/s of other Contracting Parties with respect to social security and Article 13 paragraph l concerning the 6 weeks waiting period before citizen from other member states of the Charter can get  trealmentfrom the Faroese health system and paragraph 4 concerning equal trealment of citizen of the member states in regard to social and medical assistance. Final/y, it is doubtful whether the Faroe Islandsare in compliance with Article 16 of the Charter concerning Jamily benejits, kindergarten piaces for children, housing policy. From the above mentianed it can be concluded that it will not be without difficulty for the Faroe Islands to ratifY the European Social Charter.
However, even if the Faroe Islands would be in breach o fmany o fthe key Artides and ratification would mean a farger workload for the Faroese administration, it can be said to be regrettable ifthe Faroe Islands did not ratifY the Charter at all, as it contains many advantages. If the Faroe Islands ratifies the Charter, it would strengthen social rights on the Islands. It would be possible to a greater extent to focus the minds of the Parliament and Executive on social rights of the citizens. The authorities would have to consider social rights and improve the legis/ation and practice concerning these rights, or else they would receive recommendations from the Commitlee of Ministers, which would reflect badly on the Faroe Islands. To ratifY the Charter could give the Faroe Islands more credibility and respect in the international society, as the other member states of the Cowicil of Europe would know that the Faroe Islandsare a developed welfare society complying with many ofthe key artides ofthe Charter. It can be concluded that it is advisable that the Faroe Islands ratify the Artides of the original Charter, which the Islands are in compliance with. If Denmark subsequently ratifies the revised Charter, the Faroe Islands could
ratify the corresponding Artides in the revised Charter, although, the collective complaints procedure,  should first be ratified when the time is ready for it.