Protection of Children’s Rights in the European Social Charter
DOI:
https://doi.org/10.15290/eejtr.2023.07.03.03Słowa kluczowe:
European Social Charter, children’s rights, vulnerable groups, European Committee of Social RightsAbstrakt
The article analyzes the guarantees of children’s rights in the European Social Charter. The perspective of the considerations was captured by recognizing children as people deserving special care from public authorities (vulnerable group). A dogmatic and linguistic analysis of the provisions of the European Social Charter was carried out and the directions of the jurisprudence of the European Committee of Social Rights were examined. The European Social Charter contains extensive guarantees in the area of children’s socio-economic rights. This concerns, in particular, the right to education, social protection, housing and health. The position of the European Committee of Social Rights determines the effectiveness of the guarantees set out in the provisions of the European Social Charter. Thanks to it, it is possible to assess the compliance of national law and practice with the European Social Charter.
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Bibliografia
Albertson Fineman, M. (2017). Vulnerability and Inevitable Inequality. Oslo Law Review, 4(4), 133-149.
Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by UNO’s General Assembly resolution 44/25 of 20 November 1989.
Convention relating to the Status of Refugees, adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950.
Dunaj, K., & Ryszka, J. (2022). The Protection of Vulnerable People in the Charter System. In S. Angeleri & C. Nivard (Eds.), The European Social Charter: A Commentary, vol. 1: Cross-cutting Themes (pp. 319-348). Leiden-Boston: Brill.
ECSR, Activity Report 2019.
ECSR, Association internationale Autisme-Europe (AIAE) v. France, complaint No. 13/2002, decision on the merits of 4 November 2003.
ECSR, Association internationale Autisme-Europe (AIAE) v. France, complaint No. 13/2002, decision on the merits of 4 November 2003.
ECSR, Conclusions 1996, Statement of interpretation of article 13.
ECSR, Conclusions 2003, Italy.
ECSR, Conclusions 2005, Bulgaria.
ECSR, Conclusions 2005, Norway.
ECSR, Conclusions 2005, Romania.
ECSR, Conclusions 2005, Slovenia.
ECSR, Conclusions 2012, Czech Republic.
ECSR, Conclusions 2012, Ireland.
ECSR, Conclusions 2015, Statement of interpretation: the right of refugees under the Charter.
ECSR, Defence for Children International (DCI ) v. Belgium, complaint No. 69/2011, decision on the merits of 23 October 2012.
ECSR, Defence for Children International (DCI) v. the Netherlands, Complaint No. 47/2008, decision on the merits of 20 October 2009.
ECSR, European Roma and Travellers Forum (ERTF) v. France, complaint No. 119/ 2015, decision on the merits of 5 December 2017.
ECSR, European Roma Rights Center (ERRC) v. Portugal, complaint No. 61/2010, decision on the merits of 30 June 2011.
ECSR, European Roma Rights Center v. Italy, complaint No. 27/2004, decision on the merits of 7 December 2005.
ECSR, International Association Autism-Europe v. France, collective complaint No. 13/2002, decision on the merits of 4 November 2003.
ECSR, International Commission of Jurists (ICJ) v. Portugal, collective complaint No. 1/1998, decision on the merits of 9 September 1999.
ECSR, International Federation of Human Rights Leagues v. France, complaint No. 14/2003, decision on the merits of 8 September 2004.
ECSR, International Movement ATD Fourth World v. France, complaint No. 33/2006, decision on the merits of 5 December 2007
ECSR, World Organisation Against Torture (OMCT) v. Portugal, complaint No. 34/2006, decision on the merits of 6 December 2006.
ECSR, World Organisation against Torture v. Ireland, complaint No. 18/2003, decision on the merits of 7 December 2004.
European Convention on the Exercise of Children’s Rights (ETS No. 160), opened for signature in Strasbourg on 25 January 1996.
Fasciglione, M. (2012). Protection of Economic, Social and Cultural Rights or Persons Belonging to Marginalized and Vulnerable Groups in Times of Financial Crisis: How to Reconcile the Irreconcilable. European Yearbook of Minority Issues, 11(1), 5-48. http://dx.doi.org/10.1163/22116117-90110038.
Jimenda Quesada, L. (2015). Protection of Refugees and Other Vulnerable Persons under the European Social Charter. Revista de Derecho Político, 92(1), 245-272. http://dx.doi.org/10.5944/rdp.92.2015.14427.
Lukas, K. (2021). The Revised European Social Charter. An Article by Article Commentary. Cheltenham: Edward Elgar Publishing.
González Pascual, M. (2016). Social Rights Protection and Financial Crisis in Europe: The Right to Housing in Spain: A Cautionary Tale. Inter-American and European Human Rights Journal, 9(1), 260-286.
Strehlow, A.J., & Amos-Jones, T. (1999). The Homeless as a Vulnerable Population. Nursing Clinics of North America, 34, 261-274. https://doi.org/10.1016/S0029-6465(22)02380-5.
The Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, item 483, as amended).
The Family and Guardianship Code of 25 February 1964 (consolidated text, Journal of Laws of 2020, item 1359).
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