Following the form for the reports to be submitted in pursuance of the Charter, national reports should give for each accepted provision of the Charter any pertinent information on measures adopted to ensure its application, mentioning in particular:

  • the legal framework – any laws or regulations, collective agreements or other provisions that contribute to such application; as well as where relevant pertinent national case-law – relevant decisions by courts and other judicial bodies;
  • the measures taken (administrative arrangements, programmes, action plans, projects, etc.) to implement the legal framework;
  • any pertinent figures, statistics or any other relevant information enabling an evaluation of the extent to which these provisions are applied.
     

States parties reports should be accompanied by the principal laws and regulations on which the application of the accepted provisions of the Charter is based.
 

The reports should, wherever appropriate, specify explicitly:

  • whether they are only concerned with the situation of nationals or whether they apply equally to the nationals of the other Parties;
  • whether they are valid for the national territory in its entirety;
  • whether they apply to all categories of persons included in the scope of the provision.
     

The information required, especially statistics, should, unless otherwise stated, be supplied for the period covered by the report. Where statistics are requested for any provision, it is understood that, if complete statistics are lacking, States parties may supply data or estimates based on ad hoc studies, specialised or sample surveys, or other scientifically valid methods, whenever they consider the information so collected to be useful and ensuring that the administrative effort required to collect data is in proportion with the desired acquisition of information.

The first State report following the entry into force of the Charter in respect of the State concerned should contain detailed information on all relevant aspects of the provision, whereas for subsequent reports it will suffice to up-date the information on the legal framework given in previous reports.

However, each report should contain appropriate explanations and/or information relating to developments of the situation in practice during the reference period.  In addition, it is recalled that each report, except the first report, shall contain replies to any questions raised by the European Committee of Social Rights in its conclusions, whether questions of a general nature addressed to all States (such questions appear in the “general introduction”) or specific questions contained in the conclusions proper in respect of each State for each provision.

 

 

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Back States Parties to the European Social Charter are invited to report on the rights of children, families and migrants by 31 December 2022

States Parties to the European Social Charter are invited to report on the rights of children, families and migrants by 31 December 2022

The European Committee of Social Rights transmitted, in the framework of the reporting procedure, the questions to States Parties of the Revised European Social Charter and the 1961 Charter relating to the provisions belonging to the thematic group 4 “children, families and migrants”. The following provisions are concerned:

  • 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).

States having accepted the collective complaints procedure from Group A are invited to submit a simplified report on the follow-up given in collective complaints where the ECSR has found a violation. These states are France, Greece, Portugal, Italy, Belgium, Bulgaria, Ireland, Finland.

The European Committee of Social Rights, wishing to focus its monitoring and to alleviate the reporting burden of States, invites States Parties to limit the report to replies to specific and targeted questions for each of the above-mentioned articles of the Charter, without prejudice to responding to issues still pending from previous reporting cycles.

States parties are invited to submit their national reports by 31 December 2022. Consequently, third party organisations such as trade unions, employers’ organisations, NGOs, national human rights institutions and national equality bodies can submit additional information to the European Committee of Social Rights by 30 June 2023.

Strasbourg, France 08/07/2022
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