{"title":"Unlocking the potential of the EU Charter to ensure equal treatment and non-discrimination between children in childcare leave","authors":"Alicia Hendricks","doi":"10.1111/eulj.70003","DOIUrl":null,"url":null,"abstract":"<p>EU childcare leave law and policy have traditionally been shaped by concerns relating to gender equality and work–life balance. Conversely, the rights of the child remain largely marginalised in this context, which may result in unequal access to childcare leave among children. Against this normative backdrop, the present paper explores the meaning of equality and non-discrimination between children in relation to childcare leave. It argues for a robust and purposive application of the EU Charter of Fundamental Rights to ensure that children's rights are mainstreamed in all the acts of the EU institutions as well as those of the Member States when they are implementing EU law. In particular, Articles 20 and 21(1) are important to secure equal access to childcare leave for all children.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"31 1-2","pages":"42-62"},"PeriodicalIF":1.4000,"publicationDate":"2025-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.70003","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
EU childcare leave law and policy have traditionally been shaped by concerns relating to gender equality and work–life balance. Conversely, the rights of the child remain largely marginalised in this context, which may result in unequal access to childcare leave among children. Against this normative backdrop, the present paper explores the meaning of equality and non-discrimination between children in relation to childcare leave. It argues for a robust and purposive application of the EU Charter of Fundamental Rights to ensure that children's rights are mainstreamed in all the acts of the EU institutions as well as those of the Member States when they are implementing EU law. In particular, Articles 20 and 21(1) are important to secure equal access to childcare leave for all children.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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