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Social Charter: The decision on the merits of the complaint Central Union for Child Welfare (CUCW) v. Finland, No. 139/2016, is now public

strasbourg 04/02/2020
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Social Charter: The decision on the merits of the complaint Central Union for Child Welfare (CUCW) v. Finland, No. 139/2016, is now public

The decision of the European Committee of Social Rights on the merits of the complaint Central Union for Child Welfare (CUCW) v. Finland (No. 139/2016) became public on 4 February 2020.

In its complaint CUCW alleged that the situation in Finland was in breach of Articles 16, 17, 27§1(c) and Article E in conjunction with each of these provisions of the Revised European Social Charter (“the Charter”) on the ground that because of the amendments to the Act on Early Childhood Education and Care, which entered into force on 1 August 2016 and restrict the individual entitlement to early childhood education and care to 20 hours per week where one of the parents is unemployed or on maternity, paternity or parental leave for a sibling, Finland has:

  • infringed the rights of children of unemployed parents or parents on maternity, paternity or parental leave, in breach of Articles 16, 17, 27§1(c) and E of the Charter;
  • infringed the rights of the parents referred to above, in breach of Articles 16, 17, 27§1(c) and E of the Charter;
  • created geographical inequalities between children and between parents depending on the municipality where they live, discriminating, in particular, against children and their parents in the economically least advantaged municipalities in breach of Articles 16, 27§1(c) and E of the Charter.

The European Committee of Social Rights adopted its decision on the merits on 11 September 2019.

In its decision on the merits, the Committee concluded:

  • by 10 votes to 4, that there is a violation of Article E taken in conjunction with Article 17§1(a) of the Charter;
  • by 12 votes to 2, that there is a violation of Article 27§1(c) of the Charter;
  • by 13 votes to 1, that there is a violation of Article E taken in conjunction with Article 16 of the Charter.

Website: www.coe.int/socialcharter


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