EUROPEAN SOCIAL CHARTER Social Rights Monitoring 15 215: Children, Family ant et ld R Migrants MAIN FINDING 215 CONCLUSIONS OF THE EUROPEAN COMMITTEE OF SOCIAL RIGHTS WHAT YOU NEED TO KNOW NON-CONFORMITY Violations of rights of migrants and foreigners Young workers & apprentices are not always fairly treated as regard their working time & remuneration Child labour is not yet fully eradicated in Europe Quality & accessibility of social services for families often not adequate MAJOR TRENDS GLOBAL FIGURES 12% Violations of rights of migrants 762 and situations foreigners were analysed Young workers & apprentices are not always fairly treated as regard their working 57% time & 31% 3 31% Non-conformity remuneration Child labour is not yet fully eradicated 3 in 57 Europe % Quality & accessibility of social services 3 12 for % families often not adequate In 12 % of the cases, the Committee was not able to decide whether the national 12% situations were in conformity or not with the 762 situations were analysed European Social Charter s provisions due to lack of information. 57% 31% 3 31% Non-conformity 31 REPORTS AND 47 STATES 3 57 % Conclusions 215 on rights relating 3 12 % to children, families and migrants concern 31 member states of the Council of Europe. All member states have ratified the Charter (the 1961 Charter or the Revised Charter) In 12 except % of Switzerland, the cases, the Monaco, Committee Liechtenstein was not and able San to Marino. decide whether Four the States national did not situations submit a were report in for conformity Conclusions or not 215 with in time the European thus failing Social to respect Charter s their provisions reporting due obligation: to lack of Albania, information. Croatia, Iceland and Luxembourg. 31 REPORTS 8 States bound AND by the 47 collective STATES complaints procedure were exempted from reporting on children, families and migrants and instead Conclusions were required 215 to on submit rights a relating simplified to report children, on families follow-up and to migrants complaints. concern 31 member states of the Council of Europe. All member states have ratified the Charter (the 1961 Charter or the Revised Charter) except Switzerland, Monaco, Liechtenstein and San Marino. SIMPLIFICATION & EFFICIENCY IMPROVEMENTS Progress in the protection of children against ill-treatment Legal protection of families has improved Legal framework for workers with family responsibilities has improved Efforts in language teaching for foreigners have been intensified SIMPLIFICATION & EFFICIENCY Four States did not submit a report for Conclusions 215 in time thus failing to respect their reporting obligation: Albania, Croatia, The changes to the reporting procedure adopted by the Committee Iceland and of Luxembourg. Ministers in 214 entail an alleviation of the reporting burden 8 States for the bound States bound by the by collective the complaints complaints procedure procedure and were also exempted from reporting on children, families and migrants and reduces the number of situations that the Committee has to assess. instead were required to submit a simplified report on follow-up to complaints. COMPARISON WITH 211 SIMPLIFICATION & EFFICIENCY The number of conclusions adopted by the Committee fell from 95 in 211 to 762 in 215. The proportion of conclusions of The changes to the reporting procedure adopted by the non-conformity increased from 27% in 211 to 31% in 215. Committee of Ministers in 214 entail an alleviation of the reporting burden for the States bound by the complaints procedure and also reduces the number of situations that the Committee has to assess. 25% COMPARISON WITH 211 3 27 % Non-conformity 48% The number of conclusions adopted 3 48 % by the Committee fell from 95 in 211 27% to 762 in 215. The 3 proportion 25 % of conclusions of non-conformity increased from 27% in 211 to 31% in 215. 48% 25% 27% 3 27 % Non-conformity 3 48 % 3 25 %
215 ASSESSMENT OF RIGHTS COVERED Each year, a group of provisions of the European Social Charter is examined by the European Committee of Social Rights. The Committee examined the reports submitted by 31 States Parties 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) and the right to housing (Article 31). The reports covered the reference period 21-213. Families Migrant Workers Maternity Children & Young Persons Workers with Family Responsabilities Housing 215 DEGREE OF COMPLIANCE WITH THE PROVISIONS OF THE CHARTER OVERALL LEVEL OF COMPLIANCE FOR CHILDREN, FAMILY AND MIGRANT RIGHTS 5 4 3 2 1 SWEDEN NETHERLANDS SLOVENIA LATVIA ESTONIA LITHUANIA SLOVAKIA AUSTRIA ANDORRA NORWAY SPAIN GERMANY POLAND CYPRUS MALTA MONTENEGRO RUSSIAN FEDERATION ARMENIA UKRAINE ROMANIA GEORGIA CZECH REPUBLIC FYROM AZERBAIJAN SERBIA TURKEY HUNGARY UNITED KINGDOM REPUBLIC OF MOLDOVA BOSNIA & HERZEGOVINA IRELAND Number of conformity
RIGHT OF CHILDREN AND YOUNG PERSONS TO PROTECTION (ARTICLE 7) 33 158 79 27 2 3 4 Non RIGHT OF EMPLOYED WOMEN TO PROTECTION OF MATERNITY (ARTICLE 8) 13 92 24 129 2 3 4 Non
RIGHT OF THE FAMILY TO SOCIAL, LEGAL AND ECONOMIC PROTECTION (ARTICLE 16) 3 26 29 25 5 75 Non RIGHT OF CHILDREN AND YOUNG PERSONS TO SOCIAL, LEGAL AND ECONOMIC PROTECTION (ARTICLE 17) 7 19 25 51 25 5 75 Non
RIGHT OF MIGRANT WORKERS AND THEIR FAMILIES TO PROTECTION AND ASSISTANCE (ARTICLE 19) 28 119 61 28 2 3 4 Non RIGHT OF WORKERS WITH FAMILY RESPONSIBILITIES TO EQUAL OPPORTUNITY AND TREATMENT (ARTICLE 27) 8 35 1 53 25 5 75 Non
RIGHT TO HOUSING (ARTICLE 31) 2 6 14 22 25 5 75 Non
REMINDER THE EUROPEAN SOCIAL CHARTER 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 EUROPEAN COMMITTEE OF SOCIAL RIGHTS Council of Europe monitoring body composed of 15 independent & impartial experts which rules on the conformity of national situations with the Charter. REPORTS - CONCLUSIONS The monitoring carried out by the Committee in 215 consists of three components: 3 Examination of national reports on the thematic group of provisions related to children, families and migrants; 3 Examination of information on followup to Collective Complaints 3 Examination of reports on conclusions of nonconformity due to lack of information Generally speaking, in the framework of the reporting procedure the Committee s monitoring is based on reports submitted by the States Parties, but the Committee also relies on comments presented by civil society organisations, including notably trade unions and employers organisations, and any other sources of information which it deems relevant to the examination of national situations. CIVIL SOCIETY The contribution of civil society is crucial. Non-governmental organization frequently provides information which allows the Committee to gain a better and more comprehensive understanding of national law and practice. STATEMENT OF INTERPRETATIONS The Committee also formulates statements of interpretation developing and clarifying the meaning and scope of the Charter as regards specific provisions or specific topics. Example: Statement of interpretation on the rights of refugees under the European Social Charter, initially published in October 215 [link] https://goo.gl/hynwmb RESOURCES WEBSITE www.coe.int/socialcharter http://www.coe.int/en/web/turin-european-social-charter/home CONTACT LINK TO THE 215 CONCLUSIONS Social.Charter@coe.int lien Press contact: Giuseppe Zaffuto, Spokesperson/Media officer, giuseppe.zaffuto@coe.int Tel. +33 3 9 21 56 4 CONTACT DISCLAIMER Social.Charter@coe.int This Press communication contact: Giuseppe does Zaffuto, not bind Spokesperson/Media the European Committee officer, of giuseppe.zaffuto@coe.int Social Rights. Tel. +33 3 9 21 56 4 DISCLAIMER This communication does not bind the European Committee of Social Rights.