C Explanatory memorandum by Mr Pedro
Cegonho, rapporteur for opinion
1. In my capacity as rapporteur
for opinion on the situation of migrant seasonal and domestic workers
in Europe and as rapporteur on “Safeguarding human rights for future
generations”
Note, I would like to thank Ms Diana Stoica
for the timely report she presented to the Migration Committee.
Ms Stoica’s report links up with the earlier work of the Parliamentary
Assembly on related issues and builds some of its recommendations on
the proposals endorsed by the Assembly with regard to undocumented
workers based on the report by Ms Ada Marra (Switzerland, SOC).
Note I fully support this approach which
provides continuity in our advocacy efforts to strengthen social
rights for all who live and work in our member States.
2. The report by Ms Stoica draws our attention to the plight
of a highly vulnerable category of workers. By crossing borders,
these workers often lose the protection of their country of origin
and are not granted full access to social rights in the host country.
Households live separated for long periods of time, and children
lose the caring proximity of their parents. In the worst cases,
migrant seasonal and domestic workers are victims of human trafficking
and forced labour and are exploited to such an extent that there
are grave risks to their health and life. While Ms Stoica makes
a long list of legal instruments under which our member States have obligations,
it is clear that social protection on the ground is lagging behind
for these workers.
3. There are some issues rooted in the legal instruments themselves
and the way our member States are implementing them. To mention
one major issue, I wish to highlight the limitations inherent in
the European Social Charter and the manifest lack of political will
to overcome them. Indeed, the Charter’s coverage and impact are
reduced by the fact that very few member States have ratified all
the provisions and additional protocols. Moreover, certain clauses
limit the application of the Charter to persons originating from
other States Parties; this de facto excludes
migrant seasonal and domestic workers of non-European origin and
even many workers of European origin.
4. This reality has been acknowledged both by the European Committee
of Social Rights and by the Committee of Ministers’
Ad hoc Working Party on Improving
the European Social Charter system (GT-CHARTE) and is viewed by
many independent experts as “inconsistent with the nature of the
Charter as a human rights treaty”.
Note The problem
is that there is a lack of consensus among States Parties to the
Charter on the removal of this legal limitation.
5. I believe that as Committee on Social Affairs, we must reiterate
the need to modernise the Charter on substantive aspects, notably
as regards expanding the reach of social rights under the Charter
to all persons living on the territory of the States Parties and
on adding new provisions for the enhanced protection of workers in
atypical forms of employment. The decision to hold a high-level
conference on the European Social Charter in July 2024 in Vilnius
(Lithuania) – under the Lithuanian presidency of the Committee of
Ministers – is an excellent opportunity for member States to show
greater ambition for social rights in Europe, in the wake of the Reykjavík
Summit.
6. Our determined action at national and European levels is highly
needed to shield the most vulnerable households from major cost-of-living
crises, to address structural socio-economic inequalities, and to accommodate
the ongoing transformations in the world of work.
Note This is a matter of social justice
and peace from the perspective of current and future generations.
This is also a part of our solidarity efforts in progressing together
towards achieving the Sustainable Development Goals.
