In March 2020, the European Committee of Social Rights (ECSR) published its conclusions on accepted provisions of the articles belonging to the thematic group "Children, families and migrants" with regard to 37 European countries.

In the framework of the reporting procedure the ECSR assessed compliance with the European Social Charter in respect of the following Charter provisions:  

-   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 mothers and children to social 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).

The main findings concern child labour, including illegally working children in the formal and informal economy, as well as the protection of children from all forms of violence, abuse and exploitation.

The Committee is increasingly concerned about the treatment of children in an irregular migration situation, whether they be accompanied or not, and asylum seeking children, in particular their access to appropriate and safe accommodation.

Moreover, the Committee highlighted the issue of child poverty and social exclusion, emphasizing the obligation of States Parties to take all appropriate and necessary measures to combat and eradicate these phenomena.

Furthermore, the Committee underlined the importance of eliminating gender discrimination and protecting the rights of employed women during maternity, in night work and in dangerous and unhealthy working conditions.

Inadequate measures to combat domestic violence has also given rise to a significant number of findings of non-conformity with the Charter.

With regard to the right to housing, the Committee is particularly concerned about the substandard housing conditions of Roma and Travellers in many countries, the lack of supervision of housing standards and the lack of rules imposing obligations on landlords to ensure that dwellings are of an adequate standard. The Committee emphasised that there are insufficient measures in some countries to reduce and prevent homelessness in general and a lack of affordable housing.

The Committee highlighted the issue of the increasing number of stateless children in Europe with reduced access to basic rights and services such as healthcare and education.

Nevertheless, the conclusions also show certain positive developments concerning social rights in many countries.

The European Social Charter (revised) was ratified by Ukraine on 21 December 2006. Ukraine has accepted all provisions from the above-mentioned group except Articles 19 and 31§3. The 11th report on the application of this treaty was submitted to the Council of Europe on 6 June 2019. 

The report on Ukraine concerns 23 situations and contains:

– 7 conclusions of conformity: Articles 7§7, 7§8, 7§9, 8§2, 8§3, 27§1 and 27§3;

– 11 conclusions of non-conformity: Articles 7§1, 7§2, 7§3, 7§10, 8§1, 8§5, 16, 17§1, 27§2, 31§1 and 31§2.

In respect of the other 5 situations concerning Articles 7§4, 7§5, 7§6, 8§4 and 17§2, the Committee needs further information in order to assess the situation.

More details and full text of published conclusions are available via the link: https://rm.coe.int/european-committee-of-social-rights-conclusions-2019-ukraine-eng-pdf/16809e21f2