The European Committee of Social Rights (ECSR) has published its Conclusions 2023 in respect of the articles of the European Social Charter relating to Children, Family and Migrants. In the framework of the reporting procedure, the ECSR adopted 799 conclusions: 415 conclusions of conformity with the Charter and 384 conclusions of non-conformity concerning countries covered: Andorra, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Croatia, Cyprus, Czechia, Denmark, Estonia, Georgia, Germany, Hungary, Latvia, Lithuania, Luxembourg, Malta, the Republic of Moldova, Montenegro, the Netherlands, Netherlands Aruba, the Netherlands Curaçao, North Macedonia, Norway, Romania, Serbia, the Slovak Republic, Slovenia, Spain, Sweden, Türkiye, and the United Kingdom.
The ECSR found many non-conformities on Article 17 of the Charter related to inappropriate and inadequate monitoring of accommodation facilities for children in an irregular migration situation, whether accompanied or not as well as of measures taken to find alternatives to detention of children in an irregular migration situation. The Committee also noted that in many countries the rate of children at risk of poverty is and remains too high.
Regarding the right of children and young persons to protection, the Committee has observed in a number of State Parties, an inadequate prohibition of employment under the age of 15 and insufficient monitoring of child labour. The ECSR recalls that exceptions concern children employed in prescribed light work, which does not entail any risk to the health, moral welfare, development or education of children. The daily and weekly duration of such work for children under the age of 15 was excessive in several State Parties, permitting beyond 6 hours a day and 30 hours a week during school holidays. In addition, the Committee found in certain States Parties that children still subject to compulsory education were not guaranteed two consecutive weeks of rest during school holidays.
The Committee noted that, in the context of the right of children to be protected against physical and moral dangers within and outside the working environment, many countries failed to report on different issues, the most common of which was on the protection of children from all forms of violence, exploitation and abuse in the digital environment, in particular sexual exploitation and abuse and solicitation for sexual purposes (grooming).
The ECSR has also published its Findings 2023 in respect of eight States (Belgium, Bulgaria, Finland, France, Greece, Ireland, Italy, and Portugal) which have accepted the collective complaints procedure.
The ECSR found that, although there has been progress in some areas and efforts to bring the situation into conformity, among other issues, the gender pay gap, the housing for Roma, health care discrimination, and inclusive education for children with intellectual disabilities remain persistent problems for which measurable progress needs to be achieved in order to bring the situation in those countries into conformity with the Charter.
The ECSR emphasises the importance of continued efforts to fully align with the European Social Charter's provisions, ensuring the protection and advancement of social rights for all citizens.
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