The European Social Charter

Back 277 violations related to children, families and migrants in 31 countries

European Committee of Social Rights 2015 Conclusions

The European Committee of Social Rights (ECSR) today published its annual conclusions for 2015 showing 277 violations of the European Social Charter.

The ECSR adopted 762 conclusions on the articles of the Charter relating to children, families and migrants:

the right of children and young persons to protection (Article 7);
the right of employed women to protection of maternity (Article 8);
the right of the family to social, legal and economic protection (Article 16);
the right of children and young persons to social, legal and economic protection (Article 17);
the right of migrant workers and their families to protection and assistance (Article 19);
the right of workers with family responsibilities to equal opportunity and treatment (Article 27);
the right to housing (Article 31).

“Social rights are suffering in this difficult economic and political climate. States have an obligation to protect vulnerable persons including elderly people, children, people with disabilities and migrants. The Social Charter is the Social Constitution for Europe and an essential component of our human rights architecture. I call on our Member States to respect the Charter standards and findings”, said Secretary General Thorbjørn Jagland.

There were 239 conclusions of non-conformity relating to children, families and migrants, 432 conclusions of conformity and 91 cases where the Committee was unable to assess the situation due to lack of information. An additional 38 conclusions of non-conformity concerned repeated lack of information in respect of other articles of the Charter.

The Committee also clarified and developed its interpretation of the Charter, in particular concerning the rights of refugees, the notion of light work for children, the rights of posted workers, language tests and housing requirements in the context of family reunion, expulsions in case of threat to national security, or offence against public interest or morality and remuneration during parental leave.

Highlights of 2015 Conclusions Facts and figures of 2015 Conclusions

Press release Video of the Press conference

Strasbourg, France 27/01/2016

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THE CHARTER AT A GLANCE

The European Social Charter is a Council of Europe treaty that guarantees fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare.

The Charter lays specific emphasis on the protection of vulnerable persons such as elderly people, children, people with disabilities and migrants. It requires that enjoyment of the abovementioned rights be guaranteed without discrimination.

No other legal instrument at pan-European level can provide such an extensive and complete protection of social rights as that provided by the Charter, which also serves as a point of reference in European Union law; most of the social rights in the EU Charter of Fundamental Rights are based on the relevant articles of the Charter.

The Charter is therefore seen as the Social Constitution of Europe and represents an essential component of the continent’s human rights architecture.