Pending complaints
The complaint was registered on 12 March 2024. It relates to Articles 17§1a (the right of children and young persons to social, legal and economic protection), 16 (the right of the family to social, legal and economic protection), 12§3 (the right to social security) , 27§1 (the right of workers with family responsibilities to equal opportunities and equal treatment) and 30 (the right to protection against poverty and social exclusion) as well as Article E (non-discrimination) read in conjunction with each of these provisions of the revised European Social Charter. The complainant organisation alleges that the failure to recognise the right of single parents to accumulate 16 weeks of parental leave and 16 weeks of additional leave to care for a newborn child does not comply with the aforementioned provisions of the Charter and constitutes clear discrimination against children born into single-parent families and their mothers.
Case-document No. 1, Complaint registered on 12 March 2024 (Original in Spanish)
Case-document No. 2, Observations of the Government on admissibility (Original in Spanish)
Case-document No. 3, Response by Confederación ELA to the Government's observations on admissibility (Spanish only)
Case-document No. 4, Reply from the Government to the response by Confederación ELA on admissibility (Original in Spanish)
Case-document No. 5, Submissions by the Government on the merits (Original in Spanish)
Case-document No. 6, Response by Confederacion Sindical ELA to the Government's Observations (Spanish only)
The European Committee of Social Rights declared the complaint partially admissible on 2 July 2025.
Department of Social Rights
Directorate General of Human Rights and Rule of Law
Council of Europe
1, quai Jacoutot
F – 67075 Strasbourg Cedex
Tél. +33 (0)3 90 21 49 61
www.coe.int/socialcharter
