The main objectives of the European Committee of Social Rights (‘ECSR’) is to monitor member state’s implementation of the 1961 European Social Charter, the 1988 Additional Protocol, and the 1996 Revised European Social Charter to ensure the protection of individual economic and social rights.
Recently the ECSR published its decision on the merits of a 2016 collective complaint called Central Union for Child Welfare (‘CUCW’) v Finland, No. 139/2016. The complaint prompted an assessment of Finland’s childcare coverage for families where one parent is unemployed or on parental leave.
In 2016, the Finnish government amended the Act on Early Childhood Education and Care to reduce the number of hours for childcare and education to 20 hours a week depending on the employment or parental leave status of a parent. It was an attempt to save €62 million per year on preschool facilities.
However, it had the effect of directly discriminating against parents who are unemployed or on parental leave as they were being treated differently to employed parents, as found by the ECSR.
Pre-school children, prior to this, were entitled to full-time childhood education and care.
The basis of CUCW’s complaint was that the Finnish government had violated Article E of the Charter (prohibition of discrimination) in conjunction with Article 16 (the right of families to economic, legal and social protection), Article 17 (the right of children and young people to economic, legal and social protection), and Article 27 (the right of workers with family responsibilities to equal treatment and opportunities).
Article E is triggered if there is a difference in treatment between individuals in comparable situations, and the difference in treatment does not have “an objective and reasonable justification”.
By thirteen votes to one, the ECSR found a violation of Article E taken in conjunction with Article 16 of the Charter. It was put forward by the CUCW that the policy excluding unemployed parents from full-time childhood education and care placed them at a grave disadvantage. The ECSR found that such families “face a twofold discrimination” as both parents and children are excluded from full-time early childhood education and the Finnish government did not provide an “objective and reasonable justification for the difference in treatment”.
By ten votes to four, the ECSR found a violation of Article E taken in conjunction with Article 17 of the Charter. The ECSR highlighted that early childhood education and care promotes child development, and restricting it based on parents’ circumstances or socio-economic states “creates inequality” and “bars access to those children who need it most”. Again, it was found that the Finnish government did not provide an “objective and reasonable justification for the difference in treatment”.
By twelve votes to two, the ECSR found a violation of Article 27 of the Charter. The ECSR highlighted that the changes brought about by the 2016 amendments penalised parents “who are in most need of support to be able to enter or re-enter employment”.
The ECSR, however, observed that the current Finnish government have since introduced new changes to the law which has the effect of reinstating the right to full-time early childhood education and care for all children. The ECSR noted this could bring Finland in line with the Charter and there will be no violation of Article E if implemented correctly.
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