EUROPEAN SOCIAL CHARTER STANDARDS ON THE PROTECTION OF MIGRANT WORKERS IN THE EUROPEAN UNION
EUROPEAN SOCIAL CHARTER STANDARDS ON THE PROTECTION OF MIGRANT WORKERS IN THE EUROPEAN UNION

Summary/Abstract: This paper examines the legal standards enshrined in the European Social Charter (ESC) concerning the protection of migrant workers’ social rights in the Member States of the European Union, with a focus on normative content, personal scope, and the evolutive interpretation adopted by the European Committee of Social Rights (ECSR). The paper highlights the relevance of ESC standards in employment, social security, social assistance, family reunification, and equal treatment, as well as the positive obligations of States Parties. It also addresses the limited integration of ESC in the EU legal order and the risk of conflicting international obligations. Recommendations are made for improving normative alignment between the ESC and EU law, including initiating the EU’s accession to the Charter under Article 216(1) TFEU.

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