C Explanatory memorandum
by Mr Viorel Riceard Badea, rapporteur
1 Introduction
1. The unprecedented scale of
labour migration in Europe has a strong impact on the well-being
of the children who are left behind by their parents in the country
of origin. Parents should ensure the primary role in the upbringing
of their children and fulfil a crucial responsibility in supporting
them in their physical, mental and social development. In the absence
of one or both parents, these children’s vital needs, such as proper
food or health care, are often not met, and they lack emotional
care and support.
2. It is estimated that left-behind children have a 52% increased
risk of depression, 70% increased risk of suicidal thoughts, and
an 85% increased risk of anxiety.
Note “Euro-orphans” or “EU orphans” are
neologisms used metaphorically to describe children whose parents
have migrated to another member State for economic reasons. While
this term is meant to describe temporary child abandonment, rather
than the death of both parents, its harshness reflects the daily
reality of abandonment, lack of protection and emotional deprivation.
3. Labour migration has been growing across Europe, due to economic
disparities between different countries on one hand, and to the
freedom of movement within the European Union on the other. It is
estimated that in Bulgaria, Poland and Romania altogether 500 000
to one million children are affected. In Ukraine, the estimate is
as high as high as nine million.
Note Such large-scale migration has profound
socio-economic consequences, both for the countries of origin and
of destination of labour migration.
4. This report explores the situation of left-behind children
and the measures currently taken to improve their situation, as
well as remaining challenges. It also contains recommendations for
future action to better protect children left behind, as well as
to address the root causes of poverty-driven labour migration. Last
year, Mr Ionuț-Marian Stroe (Romania, EPP/CD) addressed the broader
implications of labour migration in his report on “Labour migration
from Eastern Europe and its impact on socio-demographic processes
in these countries”. I hope that this report will reinforce and
complement his findings and recommendations, in particular with respect
to the situation of the children affected.
5. In the context of the preparation of this report, I went on
a fact-finding visit to Italy, where I met with parliamentarians,
government officials and civil society organisations, and discovered
many good practices, as well as areas of concern with respect to
the situation of migrant workers with left-behind children. My meeting with
the Romanian Women’s Association helped me understand the difficulties,
needs and concerns of labour migrants and their families. In January
2020, a public hearing on the “Impact of labour migration on left-behind children”
was held by our Committee in Strasbourg, with the participation
of Ms Elena Madan, Country Director, Terre des Hommes Moldova, and
Ms Tatiana Puiu, Member of the European Committee of Social Rights
of the Council of Europe. This hearing provided useful insight into
the situation of left-behind children in the Republic of Moldova,
Romania and Ukraine, as well as into possible ways of improving
their situation with the help of international legal instruments,
such as the European Social Charter (revised) (ETS No. 163).
Note In October 2018, a round table held
in Tbilisi by the Assembly Sub-Committee on Children and Sub-Committee on
Education, Youth and Sport, with the participation of UNICEF and
Save the Children Romania, allowed for a discussion of the lessons
learned from national and international programmes.
6. Finally, I believe that it is important to acknowledge that
this report was finalised in the highly challenging context of the
Covid-19 pandemic. While no one can predict how and when this crisis
will end, it is clear that the world will be very different at that
time. As is the case in any other crisis, it forces us to rethink
what is truly important and what needs to be changed in our societies
to make them more resilient. With respect to the topic of this report,
what is already obvious is that families divided by labour migration
are among the most vulnerable groups in times of crisis. When children
and grandparents are left to face the pandemic on their own in countries with
poor public health services, this is a recipe for a humanitarian
disaster. I hope that solidarity at all levels will prevent this
from happening. I also hope that bold societal change will follow
in the aftermath of this pandemic, so that no more children are
left behind in the first place.
2 The impact of labour migration on left-behind
children
2.1 Background
7. The phrase “left-behind children”
often refers to children left behind in their home country by their parents,
who have migrated to another country. It can also be applied to
internal migration, for example between rural and urban areas. This
expression should be used with care, in order to avoid stigmatising children
whose parents have migrated and demonising their parents for “leaving”
to provide for their children.
Note In most cases, parents see migration
as a temporary solution and a way of improving the socio-economic situation
of the family, which is in many cases characterised by poverty,
weak social protection and lack of prospects.
8. Many left-behind children are unreported and statistics in
this area are highly unreliable. Research is patchy and interventions
tend to be ad hoc and driven by international donors and civil society
organisations.
9. Some countries are more affected than others – both within
and outside the European Union. Countries with a poorer socio-economic
situation are most affected. Within Europe, there is a clear divide
between Eastern and Central European and Western European countries.
It is estimated that five million Romanians have emigrated and work
abroad,
Note with 350 000 children being left
behind in their country. In the Republic of Moldova, about one third
of adults work abroad
Note and more than half of the children
grow up without a mother or father at some point.
Note Almost 40% of all Georgian children
live in households where at least one member has migrated abroad.
Note In Bulgaria’s north-west, almost
half of the children aged 10-17 have one or both parents working
abroad.
Note
10. In Romania, an interinstitutional working group was set up
in 2016, under the patronage of the President of Romania, to address
the situation of the significant number of children whose parents
are working abroad. The conclusions of this report, which were made
public in 2018, contain an array of recommendations such as: more
accurate data collection, as well as harmonisation and streamlining
of the legal and administrative provisions, in order to facilitate
the access of parents, children and caregivers to appropriate child
protection services.
11. There are substantial differences in the impact of parents’
departure, depending on who is leaving, whether it is both parents
or just one of them, and what his/her role in the family was before
the departure. Other differences relate to whether the parent’s
employment abroad is legal, short- or long-term, existence / level
of remittances, possibility of reunification, regularity of communication
and who the caregivers are. The living environment has a considerable
influence on the situation of the child.
2.2 Who
takes care of the left-behind children?
12. Most of the time, the children
are left in the care of their grandparents or other relatives. In
some countries, entire villages are left with virtually no parents,
just children and grandparents. Due to the rapid pace of social
change in recent years there is an important generational gap and
huge discrepancies in perceptions between grandparents and their
grandchildren, which can result in failure to ensure their safety
and well-being.
13. The parents who have migrated are not always in a position
to provide the care and support that their children need. Many of
them find themselves in situations of hardship and distress. The
term “The Italian Syndrome” is sometimes used to describe symptoms
common to many Moldovans, Romanians and Ukrainians working in Western
Europe, such as depression, insomnia, anxiety, hallucinations and
obsessive behaviour.
Note In extreme cases, the parents who
have migrated end up as victims of human trafficking, forced labour
and sexual exploitation.
Note Some of them never get in touch with
their children and never come back.
2.3 Access
to services
14. In most cases parents do not
inform the authorities about their departure, either because of
lack of relevant information or for fear of excessively bureaucratic
procedures and the risk of institutionalisation of the children.
15. The children’s access to health services, education, legal
protection and social benefits can be limited. In many cases, their
carers do not have the legal authority to represent them and thus
do not undertake the necessary steps to gain access to available
benefits and services.
16. Schools are often not informed about the parents’ departure
and find out because children who used to be fine suddenly show
lack of concentration and start to misbehave. Consequently, these
children often experience difficulties at school, including absenteeism,
and often drop out.
2.4 Increased
risk of violence, abuse and exploitation
17. Left-behind children are particularly
vulnerable to labour exploitation, as well as sexual exploitation
and abuse, human trafficking including for sexual and/or labour
exploitation and organ trafficking. The need for affection, attention,
self-esteem, and at the same time the confusion and crisis of adolescence
make some adolescents more easily believe the promises of traffickers
and enter national and international trafficking networks ending
in situations of sexual exploitation or begging. Many of them end
up in the justice system, either as victims or perpetrators of criminal
offences.
18. Recent research shows that left-behind children often face
responsibilities and pressures incongruent with their age and maturity.
One of the educators in the Republic of Moldova mentioned that “In
one of the classes there is a 12-year-old girl who, instead of doing
her homework, has to prepare food, clean the house and work in the
garden, because the grandparents are old and cannot take proper
care”. Another expert pointed out that “In the absence of parental
education, without developing social skills at school, and with
poor sexual education, young girls get pregnant at the age of 12
and 13, and both boys and girls are facing problems with alcohol
abuse or drugs”. A day care centre manager
in Romania, with 25 years of experience, pointed out that when children
become young adults they encounter a lot of difficulties fitting
into society and most of them fail.
Note
2.5 Impact
on physical and mental well-being
19. The parents’ departure is a
dramatic change in the children’s lives and has a deep psychological
impact on their well-being. It is a very difficult decision, which
is very hard for the parents to explain and even more difficult
for the children to understand and accept. Often, parents tell their
children that they are going to another country for the good of
the child, which inadvertently makes children blame themselves for
the situation.
Note In many cases, parents do not discuss
the situation with children prior to the departure and do not prepare
them for the changes that will follow. I have heard stories of parents
going away without saying “goodbye” to their children, for fear
that this would be too painful for the children to bear.
20. Maintaining contact at a distance is essential for the well-being
of children, but it can be difficult for many reasons, including
lack of access to the internet, difficulties for parents and children
in expressing their emotions, providing support and advice while
being separated, and feelings of guilt or resentment. In many cases,
lack of contact results in growing distance, and it is not uncommon
for parents to have difficulties in re-connecting with their children
upon their return.
21. While health consequences on children left behind have received
limited attention, higher levels of nutritional neglect and mental
health issues have been extensively reported. Many children become
anxious, depressed, withdrawn and isolated, and are more likely
to self-harm and – in extreme cases – to commit suicide. The International
Organization for Migration points out that “international labour
migration, despite the remittances and other benefits received,
can also at times create a negative influence on health, break down family
and social cohesion and, increase the burden on health systems”.
Note
2.6 Stigmatised
and invisible in the public discourse
22. Paradoxically, due to the improved
material situation of some of these children, they are not necessarily perceived
as vulnerable by teachers and other public officials, but rather
as privileged and spoiled. They are often bullied and discriminated
against by their peers.
23. In most countries, left-behind children are neither a topic
of public discourse, nor on the political agenda of the country.
As many of the countries concerned face difficult or dire economic
situations, the benefits from the remittances make them reluctant
to act forcefully to address this situation. Maintaining the status
quo seems to be a favoured course of action.
2.7 The
situation of left-behind children in the context of the Covid-19
pandemic
24. While it might be too early
today to evaluate the impact of the Covid-19 pandemic on the situation
of left-behind children, it is already clear that they have been
particularly badly affected by this crisis.
25. Host countries need migrant labour, but fear importing infection.
Countries of origin need remittances, but also fear infection brought
in by the returning migrants. Migrants fear exploitation and inadequate safeguards
against infection with Covid-19.
26. As a consequence of the Covid-19 pandemic, remittances are
projected to decline sharply in 2020, by about 20%, due to a fall
in the wages and employment of migrant workers, representing a loss
of the crucial financing lifeline for many vulnerable households.
Note
27. Many migrants have lost their jobs and have no certainty as
to what the future holds for them at home in terms of employment.
Others, without proper work permits, have been stranded in the host
countries, where they have stopped going to work for fear of being
questioned by the police.
Note
28. Abrupt loss of remittances, owing to the Covid-19 emergency,
makes labour migrants’ families dependent on occasional charity
and food assistance.
Note Caught in a vicious circle of income
loss, job insecurity and stigmatisation, migrants and their families
are particularly vulnerable to criminal networks.
29. In this context, I would like to welcome the rapid response
by the European Union institutions, including the issue by the European
Commission of “Guidelines concerning the exercise of the free movement
of workers during the Covid-19 outbreak”
Note in March 2020 and “Guidelines on
seasonal workers in the EU in the context of the Covid-19 outbreak”
Note in July 2020, and the adoption by
the European Parliament of a resolution on the situation of cross-border
and seasonal workers in the context of the Covid‑19 crisis and beyond
Note in June 2020. It remains to be seen
to what extent these measures are effective in addressing the difficulties
that migrant workers and their families are facing due to the current
pandemic.
3 Case-study:
Romanian migrant workers in Italy and their left-behind children
30. When you speak to Italians
about Romanian workers, there is always a sense of recognition.
Everyone either has employed or knows someone who employs a Romanian
nanny, caretaker or cleaning lady. These workers are often perceived
as part of the family. They are often hard-working, patient and
keep to themselves. Many speak good Italian and do not look too
different from the local population. Romanians are very present in
Italy today and, as a matter of fact, they are the most numerous
foreign labour force in the country. However, when you talk about
the left-behind Romanian children, this is not something that many
people think about.
31. During my fact-finding visit to Italy in May 2019, I wanted
to find out how the migrant communities were coping, what the government
was doing to improve the situation of labour migrants who have left
their children behind, and who else could offer advice and support.
I also wanted to know how to make sure that the voice of labour
migrants is heard, and that their story evokes understanding and
compassion.
3.1 What
the Italian public authorities say
32. In my discussions with government
officials I had the opportunity to discover a broad range of good practices
with respect to addressing the situation of labour migrants in Italy.
I am very grateful to the representatives of the Ministry for Family
and Disability, the Ministry of the Interior, the Ministry of Labour
and Social Policies and the Parliamentary Committee on Childhood
and Adolescence, for their warm welcome and the useful information
that they have shared with me.
33. In 2018, an institutional group was set up to devise a new
strategy to fight illegal employment and labour exploitation in
agriculture. The National Fund for Migration Policies finances the
operational costs of this group. Participation in the group is open
to social partners and civil society organisations. The group aims
to address illegal hiring, intermediation between labour demand
and supply, enhance the role of Employment Centres and provision
of temporary accommodation. A public call, with a total budget of
23 million Euros, was launched in January 2019 for projects for
the promotion of regular employment in agriculture and the fight
against labour exploitation. Action was also foreseen to support
the social and economic integration of migrants who are victims
or potential victims of exploitation in agriculture.
Note
34. The Italian Government’s website on integration
Note provides information on the policies
and projects carried out by the Ministry in the field of migration
and integration. It includes a database of services. The “International
protection” section has been developed in co-operation with the
United Nations High Commissioner for Refugees. The “Migrants associations”
section aims to build a community among associations. On-line consultations
with civil society organisations are held on specific policy issues.
Note
35. Substantial funding is provided to regional projects on integration
through the 2014-2020 EU Asylum, Migration and Integration Fund.
The lines of intervention include: 1) quality of school systems
within a multicultural context; 2) ease social integration through
access to basic services; 3) provide qualified information services;
and 4) enhance the degree of migrants’ participation in socio-economic
and cultural life.
Note
36. Since 2017, the Ministry of Labour and Social Policies has
co-operated with the Ministry of Foreign Affairs and International
Co-operation in the framework of a project “National Summit of Diasporas”,
to support and encourage the participation of diasporas in development
co-operation.
37. Schooling is obligatory and free, and access to education
is guaranteed to all children, regardless of their status. Access
to health care is generalised and free of charge.
3.2 What
civil society organisations say
38. While on paper all EU citizens
have the same rights, in practice, Romanians do not have access
to the same types of jobs and must often perform heavy physical
tasks in domestic care, agriculture and construction. With about
one million Romanian carers working in Italy,
Note many of them are poorly paid and
in short-term employment. It is estimated that 85% of Romanian women
and 47% of Romanian men working in Italy earn less than 1200 Euros
a month. In cases of illegal employment, the employer holds unlimited
power, and abuse is widespread. While it is particularly difficult
for non-EU citizens to find legal employment, it is not necessarily easy
for EU citizens to do so either.
39. Although family reunion is foreseen by legislation, in many
cases it is very difficult or even impossible. Romanian women are
often employed in households, looking after the elderly, doing housework
and taking care of children. In many cases they live with the family
and have no housing of their own. This often implies no time off
and no possibility for bringing additional family members. Furthermore,
when they go back to their home country, they risk losing their
employment. This makes it very difficult to visit their family and
children back home.
40. Migrant workers feel that no one represents them, no one cares
about their situation and no one mediates on their behalf. Many
Romanians report experience anxiety and depression. They worry about
their families back home, their children and their own parents,
who also need care, but are not getting it.
41. Associations representing migrant workers in Italy report
that in many cases the children left behind put on a brave face,
work extremely hard at school and do not talk about their problems.
They try to be strong for their parents, but they often struggle
to cope, and the consequences on their mental and physical well-being can
be harsh. Shockingly, child suicide is largely under-reported. According
to non-official statistics 80 Romanian children, whose parents worked
in Italy, had committed suicide. A 13-year-old girl living with
her father and four smaller brothers had taken her own life one
day before my trip to Italy.
Note My deepest sympathy lies with this
family and all others who have suffered such unspeakable loss. Nothing
can bring these children back. However, the poverty and deprivation
that underlie such tragedies are not an unfortunate accident, but a
direct consequence of the social and economic policies of our countries.
We can and we must try to prevent future loss of life.
42. It is important to acknowledge that the measures taken, both
by the Italian and Romanian governments, to improve the situation
in recent years are not sufficient. The experiences of migrants
and their families remain unacceptably harsh. We need to be aware
of policies and practices put in place, of the impact that they
have on the people concerned and of the problem areas that need
to be addressed. For this, there should be channels for communication
between the decision makers, the public authorities and the community,
including labour migrants and their families.
4 International
and European standards
43. With respect to future action,
several international and European legal instruments can be of help
for the member States in this area. While it is not possible to
provide an exhaustive overview of relevant standards, the examples
below can be used as illustrations. From my perspective, it is important
to highlight a few fundamental principles. I would also suggest
that the key areas for action should be as follows: 1) reducing poverty-driven
labour migration, 2) strengthening child protection and 3) supporting
family reunification.
4.1 Fundamental
principles
44. The UN Convention on the Rights
of the Child (UN CRC) requires States Parties to ensure that in
all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child
shall be a primary consideration (Article 3).
45. Parents play a key role in the upbringing, personal development
and protection of their children. In the framework of the UN CRC,
the States Parties undertake to ensure, as far as possible, the
right for children to be cared for by their parents (Article 7).
46. The European Committee of Social Rights (ECSR) stresses the
importance of treating children as individual rights holders, as
well as of granting children specific rights, such as the right
to shelter, the right to health, the right to education, protection
of the family and the right to family reunification, protection
against danger and abuse, prohibition of child labour for those
under the age of 15 and specific working conditions for those aged
between 15 and 18.
4.2 Reducing
poverty-driven labour migration
47. I am convinced that an effective
way of improving the situation of left-behind children is to tackle
poor quality employment and in-work poverty in their countries.
Likewise, the destination countries of migrant workers have to do
more, in close co-operation with the countries of origin in order
to ensure decent working conditions. For this, ambitious social
and economic reforms are needed. International and European co-operation
is essential for such reforms to succeed. I hope that the lessons
learned during the Covid-19 pandemic will enable far-reaching social
change that will put the well-being of people first, and ensure
that the most vulnerable among us, including left-behind children,
are duly protected and supported.
48. The European Social Charter provides a clear framework for
ensuring a decent standard of life for all. It needs to be given
a higher status, and its implementation needs to be strengthened.
4.3 Improving
child protection
49. The UN CRC requires States
Parties to recognise for every child the right to benefit from social
security, including social insurance, and to take the necessary
measures to achieve the full realisation of this right in accordance
with their national law (Article 26). It also envisages that States
Parties should render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities
and shall ensure the development of institutions, facilities and
services for the care of children (Article 18).
50. Article 16 of the European Social Charter guarantees the right
of children and young persons to social, legal and economic protection.
It is a wide-ranging provision covering issues such as the legal
status of the child, protection from ill-treatment and abuse, rights
of children in public care, children in conflict with the law and
the right to assistance.
51. The Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201, “Lanzarote
Convention”), the Convention on Preventing and Combating Violence against
Women and Domestic Violence (CETS No. 210, “Istanbul Convention”)
and the Convention against Trafficking in Human Organs (CETS No.
216) provide a useful framework for addressing violence, exploitation and
human trafficking of left-behind children.
4.4 Supporting
family reunification
52. The right to respect for family
life is enshrined in many international and regional human rights
treaties
Note and
includes a positive obligation of States to protect the family and
a prohibition of arbitrary interference with the exercise of the
right to family life. The Council of Europe publication on “Family
reunification for refugee and migrant children: standards and promising
practices” provides an overview of the latest developments in this area.
Note
53. In many cases migrants do not even envisage family reunification
due to the precarity of their employment and poor living conditions.
In this respect, the Domestic Workers Convention, 2011 (No. 189)
of the International Labour Organization (ILO) is an important tool
for improving the situation of migrant workers in the sector, which
is particularly exposed to the risk of exploitation and abuse. It
entered into force on 5 September 2013. Regretfully, so far it has
only been ratified by seven Council of Europe member States.
NoteNote
4.5 Global
framework for action
54. Finally, the United Nations
Sustainable Development Goals (SDGs), which provide a global blueprint
to achieve a better and more sustainable future for all, cover many
of the issues that need to be addressed in order to improve the
situation of left-behind children, be it with respect to addressing
poverty-driven labour migration, improving child protection or supporting
family reunification. Some examples include Goal 1 “No poverty”,
Goal 3 “Good health and well-being” and Goal 8 “Decent work and
economic growth”. SDG Target 10.7 encourages countries to “facilitate
orderly, safe, regular and responsible migration and mobility and
of people, including through implementation of planned and well-managed
migration policies” and SDG Target 8.8 stresses the need to “protect
labour rights and promote safe and secure working environments of
all workers, including migrant workers, particularly women migrants,
and those in precarious employment”.
5 Examples
of good practice and useful resources
55. The ILO promotes bilateral
and regional agreements as an effective collaboration mechanism
between countries of origin and destination of labour migration.
Such agreements can take the form of formal agreements or memoranda
of association to ensure that migration takes place in accordance
with agreed principles and procedures.
Note One example of such an agreement
is a memorandum of understanding between Romania and Vietnam, which
aims to reduce the acute labour shortage in Romania, while respecting
the social rights of Vietnamese workers.
Note Within the European Union, bilateral
initiatives often focus on specific sectors. For example, Bulgaria
and Croatia have signed agreements with Germany on facilitating
the employment of seasonal workers in the German service sector.
Note
56. UNICEF supports a broad range of programmes in countries across
the world which aim to improve the situation of left-behind children
(through research, advocacy work, capacity building and support
to policy reforms). One example is the joint initiative of UNICEF
and the Centre for Child Rights and Corporate Social Responsibility,
which supports an e-parenting platform that brings left-behind children
in China closer to their parents. On the platform, there are basic
explanations of children’s health problems, tips on how to prevent injuries,
as well as substantive content on communication with children as
a migrant worker. Posts like “Effective long distance communication”,
“A list of activities to do with your children during the New Year's holiday”,
and “How to say goodbye to your child” offer practical guidance
to migrant parents on dealing with difficult situations and building
trust with their children.
Note
57. Since 2010, Save the Children Romania has run a large-scale
intervention on protection and education for children affected by
their parents’ labour migration, in co-operation with the National
Authority for Child Rights Protection and Adoption and the Ministry
of National Education. This includes direct intervention services
(such as support to children and counselling for caregivers), advocacy
aimed at improving the legal framework, facilitating the application
of the law, information campaigns and a helpline.
Note There are 17 local centres providing
left-behind children with complementary school preparation, social,
psychological and legal services for both parents and children,
networking activities in their spare time, including the facilitation
of contacting their parents. Since the beginning of this project
ten years ago, over 8 500 children and 5 900 caregivers have received
the support of the Save the Children Romania team.
58. The most highly valued support offered to left-behind children
in the Republic of Moldova is day-care centres. In these centres,
which have been set up across the country, children can get a warm
meal, have supervision while preparing homework, take part in out-of-school
activities depending on their own interests and, most importantly,
contact their parents by Skype or e-mail.
Note
59. The mayor of the village of Botosani in Romania, has organised
the signing of regular employment contracts and more humane work
shifts in Germany and Spain. In Butea, the village has paved the
road, opened kindergartens for left-behind children, and purchased
minibuses that bring the mothers home every month.
Note
60. Pro bono Italia
Note has organised training sessions for refugees
and asylum seekers entitled “Know your rights”, which covered different
areas of Italian laws and regulations, including the right to work,
education, healthcare, housing, literacy, entrepreneurship, contracts,
police, and the Italian legal system. The goal was to give participants
basic legal knowledge on a variety of topics, to allow them to have
a better understanding of their rights and reach their goals in
Italy.
61. In March 2020, the ECSR published its annual conclusions in
the framework of the reporting procedure on Thematic Group 4: Children,
families, migrants.
Note The main findings concern child labour,
as well as the protection of children from all forms of violence,
abuse and exploitation. Moreover, the Committee highlighted the
issue of child poverty and social exclusion, emphasising the obligation
of States Parties to take all appropriate and necessary measures
to combat and eradicate these phenomena.
6 Conclusions
and recommendations
6.1 Reduce
poverty-driven labour migration
62. Labour mobility is an important
element of competitive economies. The reason for high levels of migration
within Europe lies in the strong “pull” and “push” factors, such
as labour shortages in specific areas and lack of socio-economic
prospects in certain regions. For example, some 75% of the domestic
sector’s workforce in Italy are migrant workers, and the rate is
60% in Spain.
Note The demand for these services stems from
changes in the demographic situation, cutbacks in public services
and excessive costs of existing private sector services. On the
other hand, many Eastern and Central European countries have been
struggling to adapt to a globalised economy and new challenges and
imperatives. The levels of unemployment, in-work poverty and social
exclusion are staggering in some regions.
63. It is true that labour migration can bring certain benefits.
At the national level, in some cases, such migration provides the
“lion’s share” of gross domestic product (GDP). In 2016 or later,
in Ukraine, remittances amounted to 7.9 billion USD, in Romania
– 7.2 billion USD (2019)
Note and in the Republic of Moldova –
1.2 billion USD. In the case of Romania, the remittances amounted
to about 3% of GDP while in the Republic of Moldova, the remittances
constituted 21.7% of GDP. At the individual level, labour migration
has the potential of providing families with additional income.
It can allow for better education, health, future employment and quality
of life.
64. While the countries of origin of labour migration benefit
considerably from remittances, these benefits come at a cost. They
create dangerous disequilibria in the labour market and the economy
of the countries of origin of migration and can have disastrous
long-term consequences. The drain of workers introduces additional
challenges for these countries regarding the balance of public finances,
especially for a redistributive pension system. The reliance on
remittances sometimes results in reluctance to invest in public
services such as kindergartens, schools and hospitals, assuming
that those receiving remittances will use private services.
Note
65. The human cost of labour migration driven by poverty and deprivation
is seen in the broken lives of children and their families. In the
countries of origin of migration, the foundations of their future
well-being are being dismantled. In the countries of destination,
there is fertile ground for criminality and abuse. It is therefore essential
that both countries of origin and migration take action to address
the situation, with a particular focus on the well-being of the
left-behind children.
6.2 Improve
child protection in the countries of origin of labour migration
66. Access to quality, accessible
and affordable services for left-behind children and their families
should be ensured across the continuum of care. Possible interventions
include lobbying, campaigning and structural changes. Interventions
aimed at empowerment have to address children and families together.
Increased capacity-building opportunities are needed for public
institutions and for NGOs. With respect to prevention, social media
should be used. Children and families should be supported outside
of schools.
67. Parents should be reassured that informing the authorities
about their departure will be welcome and will not have negative
consequences on their situation but will provide an additional layer
of protection for their children.
Note
6.3 Support
family reunification
68. Countries of origin of migration
should design and implement economic policies to reduce migration
and to incite migrants to return home through better work opportunities
and policies facilitating the reunification of families. Recommendation
CM/Rec(2011)12 of the Committee of Ministers provides useful guidance
to member States on children’s rights and social services friendly
to children and families.
Note
69. Countries of destination of migration should address exploitation
of migrant workers and facilitate family reunification. The common
practice of reporting undocumented workers to immigration services
through labour inspection helps to perpetuate the cycle of exploitation
and should be discontinued. Financial benefits for those who employ
domestic workers in a formal way should be introduced (for example,
in the form of tax credits, as is the case in Belgium and France).
Note Information about the services such
as health care, education, and other benefits that migrant families
may be entitled to, as well as access to free legal services, should
be made available to the people concerned.
6.4 Ensure
respect of common standards and promote international and European
co-operation
70. The Council of Europe member
States should do more to bring their policy and practice into compliance with
the European Social Charter, starting with the acceptance of relevant
provisions of the Charter and ratification of the Charter by those
who have up until now only signed it.
71. The Domestic Workers Convention, 2011 (No.189) of the ILO
is an important tool for improving the situation of migrant workers
in this sector, which is particularly exposed to the risk of exploitation
and abuse. Regretfully, it has only been ratified by seven Council
of Europe member States. The Assembly should encourage Council of
Europe member States to ratify this Convention, and to support its
effective implementation.
72. Full use should be made of the Lanzarote Convention, the Istanbul
Convention and the Convention against Trafficking in Human Organs,
to address violence, exploitation and human trafficking of left-behind children.
73. I believe that the scale of labour migration in Europe today
entails serious challenges to human rights protection, including
children’s rights, and requires a stronger involvement of the Council
of Europe in this area. In this respect, it might be worth examining
why the European Convention on the Legal Status of Migrant Workers
(ETS No. 93), which entered into force in 1983, has only been ratified
by 11 Council of Europe member States and exploring possible ways
of improving its coverage and its effectiveness. Relevant bodies
of the Council of Europe should systematically consider the issue
of left-behind children in their work. Furthermore, it might be
a good time to recall Assembly’s
Recommendation 2108 (2017) on “A comprehensive humanitarian and political response
to the migration and refugee crisis and the continuing flows into
Europe” and
Recommendation
2109 (2017) on “Migration as an opportunity for European development”,
which called for the creation of a steering committee on migrants
and refugees and a European migration and intercultural development
observatory. I am convinced that “a common platform for exchange,
experience sharing and policy making among member States”
Note would be most useful in the current
context.
74. The United Nations 2030 Agenda for Sustainable Development
calls on countries to implement research, policies and practices
safeguarding the rights and well-being of migrant workers and their
children. With a number of high-profile events on the SDGs on the
agenda, now is a good time to draw attention to the situation of
left-behind children and to encourage stronger action.
75. Today, the situation of left-behind children remains largely
on the margins of the public conscience and debate. Indeed, this
problem concerns some countries more than others. However, it is
a symptom of a bigger ailment that Europe fails to acknowledge.
In a globalised world our countries are intimately inter-connected. The
socio-economic decline of some Eastern and Central European countries
and their dependency on remittances are not sustainable, and neither
is Western Europe’s dependency on cheap and flexible labour. To tackle
these issues, targeted ad-hoc actions will not suffice. The cure
must be comprehensive, and action needs to be taken on both sides.
