Article 7 - Right of children and young persons to protection

Paragraph 1 - Prohibition of employment under the age of 15

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions for Article 7§1 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

The Committee has observed that many states’ legislation is in conformity with the Charter regarding the minimum age for employment. Nevertheless, the Committee is concerned about the situation in practice. There are data that suggests that in many countries there are significant numbers of children working illegally. However, there are few official data on the extent of the problem. Therefore, as targeted questions to the States, the Committee asked for information on the measures taken by the authorities (e.g. Labour Inspectorates and social services) to detect child labour, including children working in the informal economy. It also asked for information on the number of children actually working, as well as on measures taken to identify and monitor sectors where it is strongly suspected that children are working illegally.

In its previous conclusion (Conclusions 2019) the Committee considered that the situation was not in conformity on two grounds:

·         the duration of work permitted to children under the age of 15 was excessive and therefore the work could not be qualified as light;

·         the prohibition of employment of children under the age of 15 was not guaranteed in practice.

As regards the first ground of non-conformity, the Committee has previously (Conclusions 2019) noted that according to Article 140 of the Labour Code as amended in 2015 the shorter working time for children was regulated as follows: (I) Children under the age of 7 – up to two hours a day, but not more than four hours a week; (II) Children aged 7 to 12 years – up to three hours a day, but not more than six hours a week; (III) Children aged 12 to 14 years – up to four hours a day, but not more than 12 hours a week; (IV) Children between the aged 14 to 16 years– up to 24 hours a week. Therefore, the Committee considered that the duration of work permitted was excessive and therefore, the work could not be qualified as light.

The Committee notes from the report in this regard that a draft law on amendments and supplements to the Labour Code is under consideration. However, the Committee notes that the situation had not changed during the reference period.

The Committee recalls that under Article 7§1 of the Charter children who are still subject to compulsory schooling can carry out light work for two hours on a school day and 12 hours a week in term time outside the hours fixed for school attendance. The Committee therefore, considers that the daily duration of light work for children between the ages of 7 and 14 is excessive and therefore, cannot be regarded as light work.

As regards the second ground of non-conformity, the Committee has previously noted that a large number of children aged 5 to 17 years were working in Armenia, in particular in activities outside the framework of a formal labour relationship and therefore without the protection provided by the national legislation. However, the National Labour Inspectorate had found only very few cases of violations of the relevant legislation.

The Committee notes from the Observation (CEACR) adopted 2018, published on the occasion of the 108th ILC session (2019), Minimum Age Convention, 1973 (No. 138) that according to the Armenia Child Labour Survey, carried out with ILO technical assistance and published in 2016, substantial numbers of children were involved in child labour, a large majority of whom (90.1%) worked in agriculture. Out of these children, only 5% cent were employees with a verbal agreement, 25% worked on their own account, and 70% were unpaid family workers not covered by the provisions of the Labour Code concerning the minimum age for admission to employment.

The CEACR had noted that according to Section 41.6 of the Code on Administrative Offences of December 6, 1985 as amended, the act of hiring or employing a person under the age of 16 in violation of the requirements of the law or involving a person under the age of 18 in work prohibited by the labour legislation shall result in a fine, which shall be equivalent to 200 times the minimum wage.

The Committee further notes from Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022) Minimum Age Convention that according to the Annex to Decision No. 755-L, the Health and Labour Inspection Body shall perform supervisory functions and apply sanctions for the violations of labour rights, including the protection of the rights of working children under the age of 18 years. Pursuant to section 1.1 of the Organisation and Conduct of Inspections Act, inspections shall be carried out exclusively based on checklists approved by the Government. The CEACR noted  that 46 inspections had been carried out, during which no violations to the labour legislation’s norms related to persons under the age of 18 years were recorded. 

The Committee notes that the report does not provide any information concerning measures taken to detect child labour.

The Committee recalls in this respect that the effective protection of the rights guaranteed by Article 7§1 cannot be ensured solely by legislation; the legislation must be effectively applied in practice and rigorously supervised. The Labour Inspection has a decisive role to play in effectively implementing Article 7 of the Charter (International Commission of Jurists (CIJ) v. Portugal, Complaint No. 1/1998, Decision on the merits of 9 September 1999, §§32).

The Committee considers that the report does not provide evidence to establish that the legislation prohibiting the employment of children under the age of 15 is effectively enforced in practice through inspections, detection and monitoring. Therefore, the Committee considers that the prohibition of child labour is not guaranteed in practice.

Article 7 - Right of children and young persons to protection

Paragraph 2 - Prohibition of employment under the age of 18 for dangerous or unhealthy activities

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 7§2 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In its previous conclusion (Conclusions 2019) the Committee deferred its conclusion and asked the next report to provide up-to-date information on the monitoring activities of the labour inspectorate with specific regard to the prohibition of employment of children and young persons under the age of 18 in dangerous or unhealthy activities, including the number of violations detected and the sanctions imposed in practice to the employers in cases of violations.

The Committee notes that the report does not provide this information. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter. Therefore, the situation is not in conformity with the Charter.

Article 7 - Right of children and young persons to protection

Paragraph 3 - Prohibition of employment of children subject to compulsory education

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 7§3 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In its previous conclusion (Conclusions 2019) the Committee found that the situation was not in conformity with the Charter on the grounds that:

·         the duration of work permitted to children who are subject to compulsory education is excessive and therefore the work cannot be qualified as light;

·         the legislation on prohibition of employment of children subject to compulsory education is not effectively enforced.

The Committee notes that the report does not provide any information concerning these grounds of non-conformity.

As regards the first ground of non-conformity, the Committee recalls that under Article 7§3 of the Charter the notion of “light work” is identical to that under article 7§1. In the case of States Parties that have set the same age limit for admission to employment and the end of com­pulsory education, which is over 15 years, questions related to light work are examined under Article 7§1. However, since Article 7§3 is concerned with the effective exercise of the right to compulsory education, matters relating thereto are assessed under that Article.

The Committee has previously noted (Conclusions 2019) that, as from 1 June 2017, the relevant provision of Article 18 part 7 of the Republic of Armenia’s Law on Education entered into force, according to which “schooling, which consists of twelve years of study or a primary (vocational) or secondary (vocational) education, is compulsory until the age of 19 in the Republic of Armenia,  unless the student finishes exercising this right earlier”. The Committee has also noted previously that, according to Article 140 of the Labour Code, as amended in 2015, children between the ages of 14 and 16 are allowed to work up to 24 hours a week. The Committee notes that there are no changes to this situation and therefore it reiterates its previous finding of non-conformity on the ground that the hours of work of children subject to compulsory education are permitted to work are excessive and therefore, do not fall within the definition of light work may deprive them of the full benefit of education.

As regards the second ground of non-conformity, the Committee has previously noted that in Armenia a large number of children aged 5 to 17 years were in activities outside the framework of a formal labour relationship and therefore without the protection afforded by national legislation.  Since the report does not provide any information on this issue and in view of its conclusion on Article 7§1, the Committee considers the situation in Armenia is not in conformity with Article 7§3 of the Charter on the ground that the legislation prohibiting the employment of children still subject to compulsory education is not respected in practice.

Article 7 - Right of children and young persons to protection

Paragraph 4 - Working time

The Committee takes note of the information contained in the report submitted by Armenia. It also takes note of observations submitted by the European Trade Union Confederation (ETUC).

The Committee recalls that no questions were asked for Article 7§4 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

The Committee recalls that Article 7§4 requires that the working hours of persons under 18 years of age are limited in accordance with the needs of their development, and particularly with their need for vocational training.

The Committee deferred its previous conclusion pending receipt of the information requested on supervision labour inspection and monitoring activities (Conclusions 2019).

In its previous conclusion, the Committee noted that there was very limited information provided on monitoring and on activities and findings of the authorities in relation to working time of young workers under the age of 18 who are no longer subject to compulsory schooling. It requested up-to-date information on the monitoring activities of the labour inspectorate in this field, including the number of violations detected and the sanctions imposed in practice on the employers in cases of violations.

The report states that in 2018-2021, the Healthcare and Labour Inspection body received 3 complaints on the failure to ensure the guarantees prescribed by the Labour Code for the persons under the age of 18. In one of the cases the employer was subject to administrative liability. During 2020-2021 the Inspection body received 15 complaints and it issued 5 executive orders to eliminate violations.

The Committee notes, in this respect, the Audit of 2021 by the ILO Labour Inspectorate on Armenia, as well as the World Bank analysis of jobs dynamics in Armenia 2021, which both point to the weakness of enforcement and compliance of labor regulations. The Committee notes, in particular, the concerns raised that labor inspectors continue to lack the authority to conduct unannounced inspections. The Committee recalls that the situation in practice should be regularly monitored and the relevant regulations effectively implemented. In the light of the above, the Committee considers that the situation is not in conformity with Article 7§4 of the Charter in this regard.

The report further provides that a draft law is being prepared "On making amendments and supplements to the Labour Code of the Republic of Armenia", which, inter alia, should review and reduce the working hours of persons under the age of eighteen, prescribing that they may not be employed in such works as would deprive them of the full benefit of their compulsory education. It should further define 24-hour week for children aged between 15 to 16 years and 4-hour workday for children aged between 12 to 15 not depriving them of the full benefit of their compulsory education. The Committee notes these legislative initiatives, it notes, however, from its own analysis of the legal framework that the minimum age for work does not meet the accepted international standards because labor legislation does not apply to children working in the informal sector. In this respect, it refers to the ILO Observation (CEACR) - adopted 2021, published 110th ILC session (2022) on Minimum Age Convention (No. 138) that in Armenia a large number of children is involved in child labour, of which a large majority (90.1 per cent) worked in agriculture. The Committee further notes that it has concluded in its 2023 Conclusions that the situation in Armenia is not in conformity with Article 7§3 of the Charter, where it has observed that the limit of 24 hours a week of work permitted to children between the ages of 14 and 16 is excessive. The Committee further notes that under Article 7§4 it assess in particular the working hours of persons under 18 years of age who are not under the compulsory education. It understands that the 24 hours a week limit, under the current legislation, does not apply to this group of young workers. Having regard to the above considerations the Committee concludes that the situation is not in conformity with Article 7§4 of the Charter.

Article 7 - Right of children and young persons to protection

Paragraph 5 - Fair pay

The Committee takes note of the information contained in the report submitted by Armenia. It also takes note of observations submitted by the European Trade Union Confederation (ETUC).

The Committee recalls that in the context of the present monitoring cycle, States were asked to reply to targeted questions for Article 7§5 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals, or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

In its previous conclusion, the Committee considered that the situation in Armenia was not in conformity with Article 7§5 of the Charter on the ground that the young workers wages were not fair (Conclusions 2019). The assessment of the Committee will therefore concern the information provided in the report in response to the conclusion of non-conformity, and to the targeted questions.

Fair remuneration for young workers and apprentices

The Committee recalls that young worker’s wage may be less than the adult starting wage, but any difference must be reasonable and the gap must close quickly. For 15/16 year-olds, a wage of 30% lower than the adult starting wage is acceptable. For 16/18 year-olds, the difference may not exceed 20%. The adult reference wage must in all cases be sufficient to comply with Article 4§1 of the Charter. If the reference wage is too low, even a young worker’s wage which respects these percentage differentials is not considered fair.

Since Armenia has not accepted Article 4§1 of the Charter, the Committee makes its own assessment on the adequacy of young workers wage under Article 7§5. For this purpose, the ratio between net minimum wage and net average wage is taken into account.

In its previous conclusion, the Committee noted that the monthly minimum wage corresponded to approximately 42% of the average adult wage, which was not considered acceptable. Therefore the Committee considered that the situation was not in conformity with the Charter.

The report does not provide the information on the level of wages. The Committee takes note of the data available at website of the Statistical Committee of the Republic of Armenia, according to which, in the reference period, Armenia's minimum wage stood 55,000 Armenian dram (AMD) per month (the level set in 2015). As of 2022, it was raised to 68,000 AMD (175 EUR). The average monthly nominal wage data was reported at 179,519 AMD (418 EUR) in 2019 (255,785 AMD (595 EUR) in Apr 2023). Accordingly, it transpires that the level minimum wage decreased in the reference period to 30,5% of the average wage and had not improved even with its nominal increase in 2022. Therefore the Committee considered that the situation remains not in conformity with the Charter.

Fair remuneration in atypical jobs

For the present monitoring cycle, the Committee requested updated information on net minimum wages and allowances payable to persons under 18 years of age. In particular, it asked for information on measures taken to ensure that fair remuneration is guaranteed to young workers:

i) in atypical jobs (part-time work, temporary work, fixed-term work, casual and seasonal work, self-employed people, independent workers and homeworkers.)

ii) in the gig or platform economy and

iii) having zero hours contracts.

The minimum conditions and amount of remuneration for work, occupational and official, tariff and qualification requirements, labour standards, as well as remuneration of jobs and employees shall be defined by the legislation of the Republic of Armenia or by the collective agreement. The hourly, work-based and monthly rates, other forms, amount and conditions of remuneration for work, the labour standards shall be defined by the collective agreement or the employment contract. No regulations regarding the gig or platform economy and zero hours contracts are prescribed by the Labour Code of the Republic of Armenia.

Enforcement

In the context of the present monitoring cycle the Committee also requested information on measures taken to ensure that this right of young persons to fair pay is effectively enforced (e.g., through Labour Inspectorates and similar enforcement authorities, trade unions).

The report does not provide the requested information. The Committee notes, in this respect, the ILO Labour Inspectorate Armenia Audit of 2021, as well as the World Bank analysis of jobs dynamics in Albania 2021, which both point to the weakness of enforcement and compliance of labor regulations in Armenia. The Committee notes, in particular, the concerns that Labor inspectors continue to lack the authority to conduct unannounced inspections. It recalls that the situation in practice should be regularly monitored and the relevant regulations effectively implemented.

The Committee considers that the failure to provide the relevant information amounts to a breach by Armenia of their reporting obligations under Article 21 of the Charter and concludes that the situation is not in conformity with Article 7§5 of the Charter in this respect.

Article 7 - Right of children and young persons to protection

Paragraph 6 - Inclusion of time spent on vocational training in the normal working time

The Committee takes note of the information contained in the report submitted by Armenia. It also takes note of observations submitted by the European Trade Union Confederation (ETUC).

The Committee recalls that no questions were asked for Article 7§6 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

The Committee recalls that Article 7§6 requires that time spent on vocational training by young people during normal working hours must be treated as part of the working day (Conclusions XV-2 (2001), Netherlands). Such training must, in principle, be done with the employer’s consent and be related to the young person’s work. Training time must thus be remunerated as normal working time, and there must be no obligation to make up for the time spent in training, which would effectively increase the total number of hours worked (Conclusions V (1977), Statement of Interpretation on Article 7§6). This right also applies to training followed by young people with the consent of the employer and which is related to the work carried out, but which is not necessarily financed by the latter.

The Committee deferred its previous conclusion pending receipt of the information requested (Conclusions 2019). The Committee reiterated its request for information on the monitoring activity of the authorities, on the number and nature of violations detected as well as on sanctions imposed for breach of the regulations regarding the inclusion of time spent on vocational training by young workers in the normal working time.

The report states that in 2018-2021, the Healthcare and Labour Inspection body received 3 application-complaints on the failure to ensure the guarantees prescribed by the Labour Code for the persons under the age of 18. In one of the cases the employer was subject to administrative liability. During 2020-2021 the Inspection body received 15 complaints and it issued 5 executive orders to eliminate violations. No details on their subject matters were provided.

The Committee notes, in this respect, the ILO Labour Inspectorate Armenia Audit of 2021, as well as the World Bank analysis of jobs dynamics in Armenia 2021, which both point to the weakness of enforcement and compliance of labor regulations in Armenia. The Committee notes, in particular, the concerns that Labor inspectors continue to lack the authority to conduct unannounced inspections. It recalls that the situation in practice should be regularly monitored and the relevant regulations effectively implemented. In the light of the above, the Committee considers that the situation is not in conformity with Article 7§6 of the Charter in this regard.

Article 7 - Right of children and young persons to protection

Paragraph 7 - Paid annual holidays

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 7§7 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

The Committee deferred its previous conclusion, pending receipt of the information requested (Conclusions 2019).

The Committee asked for information on the number and nature of violations detected, as well as on the sanctions imposed for breach of the regulations regarding paid annual holidays of young workers under 18 years of age. The report does not provide the requested information.

Due to the failure to provide requested information on the number and nature of violations detected, as well as the sanctions imposed for breach of the regulations regarding paid annual holidays of young workers under 18 years of age, the Committee concludes that the situation in Armenia is not in conformity with Article 7§7 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Article 7 - Right of children and young persons to protection

Paragraph 8 - Prohibition of night work

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 7§8 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

The Committee deferred its previous conclusion, pending receipt of the information requested (Conclusions 2019).

The Committee asked for information on the number and nature of violations detected as well as on sanctions imposed for breach of the regulations regarding prohibition of night work for young workers under the age of 18. The report does not provide the requested information.

Due to the failure to provide requested information on the number and nature of violations detected, as well as of the sanctions imposed for breach of the regulations regarding prohibition of night work for young workers under 18 years of age, the Committee concludes that the situation in Armenia is not in conformity with Article 7§8 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Article 7 - Right of children and young persons to protection

Paragraph 9 - Regular medical examination

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 7§9 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

The Committee deferred its previous conclusion, pending receipt of the information requested (Conclusions 2019).

The Committee asked for information on the number and nature of violations detected, as well as on the sanctions imposed on employers for breach of the regulations regarding the regular medical examinations of young workers under 18 years of age. The report does not provide the requested information.

Due to the failure to provide requested information on the number and nature of violations detected, as well as on the sanctions imposed on employers for breach of the regulations regarding the regular medical examinations of young workers under 18 years of age, the Committee concludes that the situation in Armenia is not in conformity with Article 7§9 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Article 7 - Right of children and young persons to protection

Paragraph 10 - Special protection against physical and moral dangers

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions for Article 7§10 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

In its previous conclusion, the Committee concluded that the situation in Armenia was not in conformity with Article 7§10 of the Charter on the grounds that it had not been established that the adequate measures were taken to protect children against the misuse of information technologies and it had not been established that adequate measures were taken to protect children against other forms of exploitation such as trafficking for the purposes of labour exploitation (Conclusions 2019). The assessment of the Committee will therefore concern the information provided by the Government in response to the conclusion of non-conformity and the targeted questions.

Protection against sexual exploitation

The Committee previously asked that the next report provide information on the functioning of the referral mechanism for children victims of human trafficking and exploitation, the mechanisms for collecting statistical data on the sexual exploitation of children and on the existence of a national action plan to combat the sexual exploitation of children (Conclusions 2019).

In the targeted questions, the Committee asked for updated information on measures taken to strengthen the protection of children, including migrant, refugee, and displaced children, from sexual exploitation and abuse (in particular, in response to the risks posed by the Covid-19 pandemic) during the reference period, including information on the incidence of such abuse and exploitation.

The report states that between 2018 and 2022, no cases of sexual exploitation of children were registered in Armenia. It also states that the monitoring of sexual exploitation of children is carried out by the relevant services of the Armenian police. The Committee notes from other sources (GRETA Evaluation Report, Third evaluation round, GRETA (2022)05, 31 May 2022) that, in the period from 2017 to 30 August 2021, the Identification Commission pinpointed 19 child victims of trafficking and that girls were more often trafficked for sexual exploitation. The Committee notes a contradiction between the information provided in the report on cases of sexual exploitation of children and information available from other sources. It is concerned that the system of detection of child victims of sexual exploitation is not effective. From the same source, the Committee notes that the Anti-Trafficking Law of Armenia now includes a provision to provide financial support for child victims of trafficking in human beings until they turn 18 and a provision making children eligible to receive a lump-sum compensation from the State.

The report further states that awareness-raising campaigns, talks and meetings are regularly organised, social video clips are prepared, which are aimed at raising public awareness of the risk of child trafficking and exploitation, and ways of protecting children against them. Relevant materials on child trafficking are posted in the application concerning trafficking and police officers participate in programmes devoted to key issues of child trafficking and exploitation prepared by TV companies and news pages.

The report states that for the purpose of early prevention and disclosure of possible cases of sexual exploitation of children, including migrant, refugee and displaced children, officers of territorial subdivisions of the Armenian police regularly organise and conduct meetings and talks in schools during which the risks of exploitation, trafficking and the ways to avoid them are explained.

The Committee notes from other sources (GRETA Evaluation Report, Third evaluation round, GRETA(2022)05, 31 May 2022) that during the reference period, the authorities implemented the fifth National Action Plan on fighting trafficking in human beings (2016-2018) and the sixth National Action Plan for the period 2019-2021 was presented but was only adopted in June 2020; therefore, there were no anti-trafficking activities in 2019 and the duration of the plan was adjusted to 2020-2022. The plan consists of six chapters relating to the development of the legislation on human trafficking and its implementation; prevention of trafficking in human beings; prevention of child trafficking; identification, protection and assistance of victims to human trafficking; co-operation and research, monitoring and evaluation. Government Decree No. 1030-N of 18 June 2020 amended the victim identification procedure by adding specific provisions on the referral of child victims.

Protection against the misuse of information technologies

The Committee previously concluded that it had not been established that adequate measures were taken to protect children against the misuse of information technologies (Conclusions 2019).

In the targeted question, the Committee asked for information on the protection of children from all forms of violence, exploitation and abuse in the digital environment, in particular sexual exploitation and abuse and solicitation for sexual purposes (grooming). 

The report states that, upon the initiative of the Police Department for Juvenile Delinquency and Domestic Violence Prevention, crimes committed against children in the digital environment and their consequences were addressed during meetings held by the competent police officers in public education institutions for the purpose of raising awareness of pupils as well as their parents and teachers

The report also states that grooming is criminalised under Article 202 of the Criminal Code of Armenia.

The report provides no information on measures taken to protect children against the misuse of information technologies. Therefore, the Committee considers that the situation in Armenia is not in conformity with Article 7§10 of the Charter on the ground that measures taken to protect children against the misuse of information technologies are not adequate.

Protection from other forms of exploitation

The Committee previously concluded that it had not been established that measures taken to protect children against economic exploitation were adequate. It also asked for information on measures taken to prohibit the use of children in other forms of exploitation, in particular trafficking for the purposes of labour exploitation and begging (Conclusions 2019).

The report states that in order to prevent cases of begging and vagrancy among minors, and detecting persons involving them into begging, regular inspection visits are conducted by the relevant subdivisions of the Armenian police.

The Committee notes from other sources (GRETA Evaluation Report, Third evaluation round, GRETA (2022)05, 31 May 2022) that no comprehensive action is envisaged to combat trafficking in human beings for labour exploitation.

The Committee concludes that the situation in Armenia is not in conformity with Article 7§10 of the Charter on the ground that measures taken to protect children against economic exploitation are not adequate.

Covid-19

In the context of the Covid-19 pandemic, the Committee asked for information on the impact of the pandemic on the monitoring of the exploitation and abuse of children, as well as measures taken to strengthen the monitoring mechanisms.

The Committee recalls that Article 7§10 of the Charter guarantees protection against sexual and other exploitation of children as well as protection against the misuse of information technology and social media (for the purposes of online bullying, child pornography, grooming, harassment, etc.), which is particularly pertinent in view of the acceleration of digitalisation and online activity brought about by the pandemic (Statement on Covid-19 and social rights, 24 March 2021). 

The report states that Covid-19 pandemic did not have any significant impact on the activities of the Armenian police aimed at identifying cases of trafficking.

Article 8 - Right of employed women to protection of maternity

Paragraph 1 - Maternity leave

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked in relation to Article 8§1 of the Charter, only a question in relation to Covid-19. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the thematic group "Children, families and migrants”).

The Committee deferred its previous conclusion (Conclusions 2019), pending information on whether interruptions in the employment record are taken into account when determining maternity benefits and on whether there is a right to any kind of benefits for employed women who do not qualify for maternity benefit during maternity leave.

Right to maternity leave

The Committee had previously concluded that the situation in Armenia was in conformity with the Charter on this point. Therefore, there was no examination of the situation in 2023 and the Committee reiterates its previous conclusion.

Right to maternity benefits

The Committee had previously asked whether interruptions in the employment record were taken into account when determining maternity benefits and whether there was an entitlement to benefit of any kind for employed women who did not qualify for maternity benefit during maternity leave (Conclusions 2019).

The report does not provide the information requested and refers to Law No. HO-160-N of 27 October 2010, amended by Law No. HO-206-N of 1 December 2014 in order to replace “temporary incapacity benefits” for pregnant women or those on maternity leave by “maternity benefits”. Due to the failure to provide the requested information on whether interruptions in the employment record are taken into account when determining maternity benefits and on a right to benefits of any kind for employed women who do not qualify for maternity benefit during maternity leave, the Committee concludes that the situation in Armenia is not in conformity with Article 8§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Finally, as regards the minimum amount of maternity benefit, the Committee had already found that the situation was in conformity with the Charter on this point. Therefore, there was no examination of the situation in 2023 and the Committee reiterates its previous conclusion.

Covid-19

In the context of the Covid-19 crisis, the Committee asked all States to provide information on whether the Covid-19 crisis had an impact on the right to paid maternity leave.

The report indicates that there were no changes to the relevant provisions of the Labour Code during the Covid-19 crisis.

Article 8 - Right of employed women to protection of maternity

Paragraph 2 - Illegality of dismissal during maternity leave

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked in relation to Article 8§2 of the Charter only a question in relation to Covid-19. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the thematic group “Children, families and migrants”).

In the previous conclusion (Conclusions (2019)), the Committee concluded that the situation was in conformity with Article 8§2 of the Charter pending further information on whether there was a ceiling on the compensation that may be awarded for non-pecuniary damage in the ebvent of unlawful dismissal.

Prohibition of dismissal

The Committee had previously concluded that Armenia’s situation was in conformity with the Charter on this point. There was therefore, no examination of the situation in 2023. The Committee reiterates its previous conclusion of conformity.

Compensation in case of unlawful dismissal

In its previous conclusion (Conclusions 2019), the Committee asked whether there is a ceiling on the compensation that may be awarded for non-pecuniary damage in the case of unlawful dismissal.

The report provides no infomation on this issue. Due to the failure to provide the requested information, the Committee concludes that the situation in  Armenia is not in conformity with Article 8§2 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter. 

Covid-19

The Committee asked whether the Covid-19 crisis has had an impact on the possibility of dismissing pregnant employees and those on maternity leave; it also asked whether there had been any exceptions to the ban on dismissal during pregnancy and maternity leave during the pandemic.

The report states that the Covid-19 crisis has had no impact on the possibility of dismissing pregnant employees and those on maternity leave, or on the exceptions to the ban on dismissal during pregnancy and maternity leave.

Article 8 - Right of employed women to protection of maternity

Paragraph 3 - Time off for nursing mothers

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 8§3 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the thematic group "Children migrants and families").

As the previous conclusion found the situation in Armenia to be in conformity with the Charter, there was no examination of the situation in 2023.

Therefore, the Committee reiterates its previous conclusion.

Article 8 - Right of employed women to protection of maternity

Paragraph 4 - Regulation of night work

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions in relation to Article 8§4 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

In its previous conclusion, the Committee concluded that the situation in Armenia was in conformity with Article 8§4 of the Charter (Conclusions 2019). The assessment of the Committee will therefore concern the information provided by the Government in response to the targeted question.

In its targeted question the Committee asked for confirmation that no loss of pay results from the changes in the working conditions or reassignment to a different post and that in the case of exemption from work related to pregnancy and maternity, the woman concerned is entitled to paid leave.

The report states that where it has been established that night work may harm the health of an employee, the employer must transfer the employee to day time work.

The Committee understands from the report that as in the case where women have to be reassigned or take leave due to the hazardous and unhealthy nature of their employment, women who are unable to perform night work are entitled to receive their previous salary and to be reinstated in their previous post when their condition permits.

Article 8 - Right of employed women to protection of maternity

Paragraph 5 - Prohibition of dangerous, unhealthy or arduous work

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions in relation to Article 8§5 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

In its previous conclusion, the Committee concluded that the situation in Armenia was in conformity with Article 8§5 of the Charter (Conclusions 2019). The assessment of the Committee will therefore concern the information provided by the Government in response to the targeted question.

In its targeted question the Committee asked for confirmation that no loss of pay results from the changes in the working conditions or reassignment to a different post and that in the case of exemption from work related to pregnancy and maternity, the woman concerned is entitled to paid leave and women concerned retain the right to return to their previous employment once their condition permits.

According to the report legislation prohibits the employment of pregnant women or women with children under one year of age in harmful and unhealthy work. If the risks cannot be eliminated by altering the working conditions, the employer must transfer the woman concerned to another post with no loss of pay. If this is not possible the woman is entitled to paid leave. The Committee recalls from previous conclusions that women are entitled to return to their previous posts once their condition permits (Conclusions 2019).

Article 17 - Right of children and young persons to social, legal and economic protection

Paragraph 1 - Assistance, education and training

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions for Article 17§1 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

The Committee also recalls that in the General Introduction to Conclusions 2019, it posed  general questions under Article 17§1 and asked States to provide, in the next report, information on measures taken to reduce statelessness; to facilitate birth registration, particularly for vulnerable groups, such as Roma, asylum seekers and children in an irregular migration situation; to reduce child poverty; combat discrimination and promote equal opportunities for children from particularly vulnerable groups; and on the extent to which child participation is ensured in work directed towards combatting child poverty and social exclusion.

In its previous conclusion, the Committee concluded that the situation in Armenia was not in conformity with Article 17§1 of the Charter on the grounds that not all forms of corporal punishment of children were prohibited in all settings; the ratio of children in institutions to the number of children in foster care or other forms of family-based care was too high and the maximum length of pre-trial detention was excessive (Conclusions 2019). The assessment of the Committee will therefore concern the information provided by the Government in response to the conclusion of non-conformity, the targeted questions and the general questions.

The legal status of the child

In the general questions, the Committee asked for information on measures taken by the State to reduce statelessness (e.g., ensuring that every stateless migrant child is identified, simplifying procedures to ensure the acquisition of nationality, and taking measures to identify those children who were not registered at birth). It also asked for information on measures taken by the State to facilitate birth registration, particularly for vulnerable groups, such as Roma, asylum seekers and children in an irregular migration situation.

The report states that the Law on the Citizenship of the Republic of Armenia incorporates a number of major principles of international law aimed at avoiding statelessness. The report provides information on cases where a child acquires Armenian citizenship.

Due to the failure to provide requested information on measures taken to facilitate birth registration, particularly for vulnerable groups, such as Roma, asylum seekers and children in an irregular migration situation, the Committee concludes that the situation in Armenia is not in conformity with Article 17§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Protection from ill-treatment and abuse

Previously, the Committee concluded that the situation in Armenia was not in conformity with Article 17§1 of the Charter on the ground that not all forms of corporal punishment of children were prohibited in all settings (Conclusions 2019).

The report states that the draft law amending the Law on the Rights of the Child provides that corporal punishment should be prohibited in the family, in pre-school or general education institutions, in alternative care service facilities, in medical or psychiatric institutions, in penitentiary centres and in any other place.

The Committee notes that the draft law has not been adopted yet and reiterates its conclusion of non-conformity on the ground that not all forms or corporal punishment of children are prohibited in all settings.

Child poverty

In the general questions, the Committee asked for information on measures to reduce child poverty (including non-monetary measures such as ensuring access to quality and affordable services in the areas of health, education, housing, etc.); to combat discrimination and promote equal opportunities for children from particularly vulnerable groups, such as ethnic minorities, Roma children, children with disabilities and children in care. It also asked for information on the extent to which child participation is ensured in work directed towards combatting child poverty and social exclusion.

The report states that services provided to children in difficult life situations are being continuously expanded and improved. Family and social benefits and urgent assistance is provided to socially disadvantaged families. Since 2019, all children under 18 have had the right to free healthcare.

The Committee notes from other sources (UNICEF Armenia) that in Armenia, one child in three lives in poverty, and data show (34.2% child poverty rate in 2017) that there was no reduction compared to the lowest level of poverty in 2008. Moreover, in certain regions one child in two lives in poverty (50.9%). The Committee notes that the poverty rate is extremely high and considers that the situation in Armenia is not in conformity with Article 17§1 of the Charter in this regard.

The report also states that to combat discrimination, training sessions are organised for employees of childcare institutions as well as awareness-raising campaigns. Tolerance programmes are implemented in schools.

The prevalence of child poverty in a State Party, whether defined or measured in either monetary or multidimensional terms, is an important indicator of the effectiveness of state efforts to ensure the right of children and young persons to social, legal and economic protection under Article 17 of the Charter. Consistent with its approach in relation to the conceptualisation and measurement of poverty adopted by the Committee in terms of Article 30, the Committee’s consideration of child poverty for the purposes of Article 17 reflects an understanding of both income and multi-dimensional understandings of poverty (Statement of interpretation, 2013, Article 30). This understanding is reflected in the indicators and elements the Committee takes into account when assessing State Party compliance with Article 17. For the States that have not accepted Article 17, child poverty will be addressed under Article 30.

The EUROSTAT data and the EU-27 rate of children at risk of poverty or social exclusion is used as key point of reference and indicator of state compliance with Charter rights by the Committee. The Committee will also have regard to disimprovement in terms of the rate of children at risk of poverty or social exclusion in a State Party. Furthermore, the Committee also takes into account non-monetary measures adopted at reducing child poverty and social exclusion such as ensuring access to quality and affordable services in the areas of health, education and housing. When assessing State conformity with Article 17, the Committee will also take into account the extent to which child participation is ensured in work directed towards combatting child poverty and social exclusion.

Right to assistance

The Committee previously asked for information on whether children in an irregular migration situation, accompanied by their parents or not, could be detained and, if so, under what circumstances. It also requested further information on the measures taken to ensure that accommodation facilities for migrant children in an irregular migration situation, whether accompanied or unaccompanied, were appropriate and adequately monitored. The Committee also asked what assistance was given to children in an irregular migration situation to protect them from negligence, violence and abuse and noted that if the information requested was not provided in the next report, there would be nothing to establish that the situation in Armenia was in conformity with Article 17§1 of the Charter. The Committee also wished to know whether children in an irregular migration situation had access to healthcare. It also asked whether Armenia used bone testing to assess age and, if so, in what situations and what potential consequences such testing could have (Conclusions 2019).

In the targeted question, the Committee asked for information on any measures adopted to protect and assist children in crisis situations and emergencies.

Due to the failure to provide requested information on whether children in an irregular migration situation accompanied by their parents or not, could be detained and, if so, under what circumstances; on measures taken to ensure that accommodation facilities for children in an irregular situation, whether accompanied or unaccompanied, are appropriate and adequately monitored; whether children in an irregular migration situation have access to healthcare; whether Armenia uses bone testing to assess age and, if so, in what situations and what potential consequences such testing could have, the Committee concludes that the situation in Armenia is not in conformity with Article 17§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

The Committee also considers that the situation in Armenia is not in conformity with Article 17§1 of the Charter on the ground that no assistance is given to children in an irregular migration situation to protect them from negligence, violence and abuse.

In reply to the targeted question, the report states that day-care and short-term, round-the-clock care is provided for children who are in difficult life situations.

The report also provides information on domestic violence against children and the new functions of the police in this field since January 2018. These functions allow the police to give warnings, take decisions for emergency interventions and protective decisions in case of domestic violence.

Rights of children in public care

In its previous conclusion, the Committee found the situation in Armenia not to be in conformity with Article 17§1 of the Charter on the ground that the ratio of children placed in institutions compared to those in foster care was too high. It also asked for updated information on the number of children in institutions, foster care and trends in the area. It also noted that in Armenia, one of the priorities was to ensure that the social status of the family did not become a reason for removing the child from the family and asked whether the social status included the financial status and whether there was any legislation or case law on the issue (Conclusions 2019).

The report states that the care for children not having the opportunity to live in their biological family shall be organised through any family-type method of alternative care. The 2020-2023 Complex Plan was adopted by the authorities to exercise the right of the child to live in a family.

The report further states that 97 children are receiving care in foster families and this number is on the increase. Based on the studies conducted in 2020, nearly 6,000 children have a guardian and 506 are placed in institutions. The report also states that the above-mentioned draft law on the Rights of the Child states that the lack of financial security of parents cannot serve as a ground for removing the child from the family.

The Committee also notes that, according to the information provided in the report, the number of children placed in institutions, has decreased significantly (from 3,500 in 2016 to 506) since the last report.

Children in conflict with the law

The Committee previously found the situation in Armenia not to be in conformity with Article 17§1 of the Charter on the ground that the maximum length of pre-trial detention of children was excessive. It also asked whether children could be subject to solitary confinement, and if so, under what circumstances and for how long (Conclusions 2019).

The report states that a minor can be placed on pre-trial detention for a period of one month at a time. The maximum length of pre-trial detention is two months in case a crime of minor or medium gravity is committed, and six months when a serious or particularly serious crime is committed. In this latter case, pre-trial detention can be further extended for two months. The Committee recalls that it has previously found that eight-month and seven-month periods of pre-trial detention were not in conformity with the Charter (Conclusions XX-4, 2015, Denmark, Conclusions 2019, Slovak Republic). The Committee considers that, in order to be in conformity with the Charter, the pre-trial detention of children should not exceed six months. It therefore concludes that the situation in Armenia is not in conformity with Article 17§1 of the Charter on the ground that the length of pre-trial detention of children is excessive.

The Committee notes from other sources (UN Human Rights Council Working Group on the Universal Periodic Review, thirty-fifth session, 20-31 January 2020) that children can be placed in solitary confinement. Due to the failure to provide requested information on under what circumstances and for how long children can be placed in solitary confinement, the Committee concludes that the situation in Armenia is not in conformity with Article 17§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Article 17 - Right of children and young persons to social, legal and economic protection

Paragraph 2 - Free primary and secondary education - regular attendance at school

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that for the purposes of the present report, States were asked to reply to targeted questions for Article 17§2 of the Charter, as well as, where applicable, previous conclusions of non-conformity, deferrals or conformity pending receipt of information (see the appendix to the letter, whereby the Committee requested a report on the implementation of the Charter in respect of the provisions falling within the thematic group “Children, families and migrants”).

The Committee also recalls that in the General Introduction to Conclusions 2019, it posed general questions under Article 17§2 and asked States to provide, in the next report, information on measures taken to introduce anti-bullying policies in schools; and on measures taken to facilitate child participation across a broad range of decision-making and activities related to education.

In its previous conclusion the Committee concluded that the situation in Armenia was not in conformity with Article 17§2 of the Charter on the ground that the net enrolment rate in secondary education was too low (Conclusions 2019). The assessment of the Committee will therefore concern the information provided by the Government in response to the conclusion of non-conformity, the targeted questions and the general questions.

Enrolment rates, absenteeism and drop out rates

The Committee previously concluded that the situation in Armenia was not in conformity with Article 17§2 of the Charter on the ground that the net enrolment rate in secondary education was too low. It also wished to receive updated information on enrolment rates, absenteeism and drop out rates; on measures taken to address issues related to these rates, and on the implementation of the procedure for identifying and guiding children leaving compulsory education (Conclusions 2019).

The Committee notes from other sources (UNESCO database) that the net enrolment rate in primary education in 2021 was 91.99%, in lower secondary education – 99.39% and in upper secondary education – 95.35%. The Committee considers that the situation is now in conformity with the Charter on this point.

Costs associated with education

The Committee previously asked for information on any measures taken to mitigate the costs of education, such as transport, uniforms and stationery (Conclusions 2019).

Due to the failure to provide the requested information on any measures taken to mitigate the costs of education, the Committee concludes that the situation in Armenia is not in conformity with Article 17§2 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Vulnerable groups

The Committee notes that where the States have accepted Article 15§1 of the Charter, the right to education of children with disabilities is dealt with under that provision.

The Committee previously asked for information on the progress of the draft legislation on the rights of persons with disabilities and its implementation. It also asked for updated information on the progress made in ensuring inclusive education for children with disabilities, including data on the number of children with disabilities in education, the percentage of the total number of children with disabilities in education, the percentage of children with disabilities in mainstream education and the percentage of children with disabilities in education in separate special education. It also asked for information on the situation of children from ethnic minorities and children living in rural areas. It asked whether children in an irregular migration situation, as well as asylum-seeking and unaccompanied children had an effective right to education (Conclusions 2019).

The report does not provide the information requested.

The Committee notes from other sources (UN Human Rights Council Working Group on the Universal Periodic Review, thirty-fifth session, 20-31 January 2020) that many children with disabilities remain in segregated educational settings and that there is a lack of sufficient support and training for administrative and teaching staff with regard to inclusive education. Moreover, refugee children and youth experience difficulties in accessing secondary education. The Committee concludes that the situation in Armenia is not in conformity with Article 17§2 of the Charter on the ground that vulnerable children have no effective right to education.

The voice of children in education

In the general questions, the Committee asked what measures have been taken by the State to facilitate child participation across a broad range of decision-making and activities related to education (including in the context of children’s specific learning environments).

The report states that following the order of the Minister of Education, Science, Culture and Sport, a Student Council has been created with an aim to create favourable conditions for learners to express themselves freely and to protect the rights and freedoms of students. Furthermore, members of the Student Council have been included since 2020 in the assessment commission of the competition “Best of the Year”, where they have a direct participation in the implementation of new projects in general and pre-school educational institutions.

Anti-bullying measures

In the general questions, the Committee asked what measures have been taken to introduce anti-bullying policies in schools, i.e. measures relating to awareness raising, prevention and intervention.

The report states that schools organised courses in more than 120 schools, on bullying in educational institutions and how to prevent it. The programme “Bullying, its manifestations and prevention in schools” has been launched in cooperation with a Swedish NGO. A training course entitled “A safe and supportive environment in schools” was organised for teachers in 12 schools in Armenia.

Covid-19

In the context of the Covid-19 crisis, the Committee asked the States Parties to provide information on measures taken to address the effects of the Covid-19 pandemic on the education of children (including in particular disabled children, Roma and Traveller children, children with health issues and other vulnerable children).

The Committee recalls that under Article 17§2 of the Charter equal access to education must be ensured for all children during the Covid-19 crisis. In this respect, particular attention should be paid to vulnerable groups such as children from minorities, children seeking asylum, refugee children, children with disabilities, children in hospital, children in care, pregnant teenagers, children deprived of their liberty (Statement on Covid-19 and social rights, 24 March 2021).

The report states that in 2020, the issue of providing necessary the technical resources needed to organise distance learning was addressed and 730 items of equipment were obtained.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 1 - Assistance and information on migration

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 19§1 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

In its previous conclusion (Conclusions 2019), the Committee considered that the situation was in conformity with Article 19§1 of the Charter, pending receipt of the information requested.

The assessment of the Committee will therefore concern the information provided in the report in response to the questions raised in its previous conclusion.

Measures against misleading propaganda relating to emigration and immigration

The Committee recalls that under Article 19§1 of the Charter, States Parties must take measures to prevent misleading propaganda relating to immigration and emigration (Conclusions XIV-1 (1998), Greece). Such measures should prevent the communication of misleading information to nationals leaving the country and act against false information targeted at migrants seeking to enter (Conclusions 2019, Estonia). The Committee stresses the importance of promoting responsible dissemination of information, and of deterring the promulgation of discriminatory views. Finally, the Committee recalls that States must also take measures to raise awareness amongst law enforcement officials, such as awareness training of officials who are in first contact with migrants.

In its previous conclusion, the Committee noted that a number of activities have been organised to promote the provision of information to combat misleading propaganda, in combination with the Migration Resource Centres (including mobile migration resource centre and “iMigrant” application). It also noted that strategies and legal frameworks exist to combat trafficking and to deal with discrimination (Conclusions 2019). The Committee requested information on measures taken to implement and reinforce the legal and policy framework (Conclusions 2019).

The report indicates that training courses are being organised for employees of the territorial centres of the Service on the topics of the legislative amendments and anti-discrimination in the labour migration sector of the relevant countries of departure. Moreover, in 2019 and 2022, the Migration Service held the Media and Migration Programme. In each year, specialists of the Migration Service held four thematic workshops with representatives and officers of the media in order to improve the quality of coverage of migration-related topics and build the capacities and enhance the skills of journalists in this sector. The report states that relevant measures have been taken in case of misleading or fake materials.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 2 - Departure, journey and reception

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 19§2 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

In its previous conclusion (Conclusions 2019), the Committee concluded that the situation was not in conformity Article 19§2 of the Charter on the ground that it had not been established that appropriate measures had been taken to facilitate the departure, journey and reception of foreign workers.

The assessment of the Committee will therefore concern the information provided in the report in response to the conclusion of non-conformity.

Immediate assistance offered to migrant workers

Under this provision, States are obliged to adopt special measures for the benefit of migrant workers, beyond those which are provided for nationals to facilitate their departure, journey and reception (Conclusions III (1973), Cyprus). Reception means the period of weeks which follows immediately from the migrant workers’ arrival, during which migrant workers and their families most often find themselves in situations of particular difficulty (Conclusions IV, (1975) Statement of Interpretation on Article 19§2). It must include not only assistance with regard to placement and integration in the workplace, but also assistance in overcoming problems, such as short-term accommodation, illness, shortage of money and adequate health measures (Conclusions IV (1975), Germany).

In its previous conclusion, the Committee concluded that the situation in Armenia was not in conformity with Article 19§2 of the Charter on the ground that it had not been established that appropriate measures had been taken to facilitate the departure, journey and reception of foreign workers (Conclusions 2019).

The current report indicates that as of May 2021, the Unified Social Service (USS) of the Ministry of Labour and Social Affairs, through its 49 territorial centres, continues to provide free support and counselling to migrant workers with regard to job opportunities, legislative amendments in the labour migration sector in the relevant country of departure, the legislation of the main countries receiving migrant workers from Armenia, special provisions related to the employment terms and living conditions for migrant workers, the rights of migrant workers and their families having obtained permission to join or accompany them, labour trafficking, as well as counselling to returnees with regard to the procedure for being record-registered at employment centres, vacancies, annual state employment programmes and integration into the labour market. Information on awareness raising activities is also provided in the report.

The report indicates that pursuant to point 1 of part 1 of Article 28 of the Law "On medical aid and services for the population", “those providing medical aid and services shall be obliged to provide immediate and urgent medical aid to each person, irrespective of the grounds and other circumstances guaranteeing payment for that aid." The report further indicates that refugees and asylum seekers are entitled to free primary healthcare services (under point 6 of the Procedure approved under Annex 1 to Government Decree No. 420-N of 30 March 2006). It further states that foreign nationals and stateless persons receive primary healthcare and other primary medical aid services on a fee basis (point 7 of the above-mentioned Procedure).

The Committee considers that the situation is in conformity with Article 19§2 of the Charter on this point.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 3 - Co-operation between social services of emigration and immigration states

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 19§3 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

In its previous conclusion (Conclusions 2019), the Committee considered that the situation was in conformity with Article 19§3 of the Charter, pending receipt of the information requested.

The assessment of the Committee will therefore concern the information provided in the report in response to the questions raised in its previous conclusion.

The Committee recalls that the scope of this provision extends to migrant workers immigrating as well as migrant workers emigrating to the territory of any other State. Contacts and information exchanges should be established between public and/or private social services in emigration and immigration countries, with a view to facilitating the life of emigrants and their families, their adjustment to the new environment and their relations with members of their families who remain in their country of origin (Conclusions XIV-1 (1998), Belgium).

The Committee took note previously that Migration Resource Centres were established to assist migrant workers in matters of employment (Conclusions 2015) and the Centres provide services to all foreign labour migrants, as well as to Armenian citizens (Conclusions 2019).

In its previous conclusion, the Committee noted that a number of international agreements on working activity and social protection for citizens working outside the borders was signed, inter alia, with Russia, Ukraine, Belarus, Bulgaria, Georgia, as well as partnership agreements with the CIS and the EU (Conclusions 2019). It also noted that, according to the International Organisation for Migration (IOM), Armenia is predominantly an emigration country and requested information to be included in the next report on the assistance made available to returning migrants (Conclusions 2019). Furthermore, it asked whether the cooperation extended beyond social security alone (for example in family matters), which would assist migrant workers in resolving any personal and family difficulties (Conclusions 2019).

The report indicates that relevant information for foreign nationals who wish to immigrate to Armenia or who are already in Armenia for the purpose of work is available on the platform (https://workpermit.am/am/home ) of the official website of the Migration Service. The website is multilingual and is also available in English and Russian languages. The Migration Service provides important information also through social media channels.

With regard to assistance made available to returning migrants, the Committee notes from IOM Armenia Mission Strategy 2022-2025 that since 2019, the Department of Return and Reintegration of the Migration Service (MS) implements the Government’s assistance program for sustainable reintegration of returned migrants to Armenia through two components. The forced returnees are offered a housing subsidy for 6 months, totalling nearly USD125. Large families, elderly, persons with disabilities, persons in need of urgent medical support, and unaccompanied children who have returned and are left without parental care in Armenia are prioritised. Returnees are also offered information on the mechanisms to exercise their rights, and needs-based referral support. The same Strategy indicates that IOM provides re/up-skilling opportunities to returned Armenian migrants and those planning to emigrate, as well as designs talent development and retention strategies to engage the Armenian diaspora in community-based economic activities.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 4 - Equality regarding employment, right to organise and accommodation

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 19§4 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

In its previous conclusion (Conclusions 2019), the Committee considered that the situation in Armenia was not in conformity with Article 19§4 of the Charter on the grounds that it had not been established that the state:

·         has taken adequate practical steps to eliminate all legal and de facto discrimination,

·         put in place effective monitoring procedures or bodies, and

·         ensures an effective right of appeal before an independent body concerning the rights secured by Article 19§4 of the Charter.

The assessment of the Committee will therefore concern the information provided in the report in response to the conclusion of non-conformity.

Remuneration and other employment and working conditions

The Committee recalls that States are obliged to eliminate all legal and de facto discrimination concerning remuneration and other employment and working conditions, including in-service training, promotion, as well as vocational training (Conclusions VII (1981), United-Kingdom).

In its previous conclusion, the Committee noted from MIPEX (2013 report on Armenia) that temporary migrant workers are not guaranteed equal access to the full labour market or public employment services because authorities retain significant discretion in implementation (Conclusions 2019). It also noted that foreigners also face limits on access to general support—more specifically, all foreigners are not guaranteed access to free vocational training, while they must pay two times as much as Armenian nationals do for the recognition of foreign qualifications (Conclusions 2019).

The Committee asked that the next report comment on the above-mentioned observations and provide exhaustive information on working conditions and equal treatment of migrant workers, including their renumeration and access to vocational training and promotion (Conclusions 2019). It also asked for information on practical measures taken to implement the legislative framework and to ensure that general principles set in law are respected in practice (Conclusions 2019). The Committee considered that if the requested information is not provided in the next report, there will be nothing to establish that the situation is in conformity with the Charter on this point (Conclusions 2019).

The report indicates that foreign nationals and stateless persons shall have the same labour rights as the nationals, unless otherwise provided for by law (part 1 of Article 15 of the Labour Code). Foreign nationals and stateless persons shall have the right to get record-registered at the territorial centres of the Unified Social Service (USS) and receive employment services, as well as to benefit from state employment programmes. According to the data of the USS, there were 30 foreign nationals and stateless persons record-registered at the territorial centres of the USS as of 1 November 2022 (2 persons were hired during the year).

The report does not provide the requested information on working conditions and equal treatment of migrant workers, including their remuneration and access to vocational training and promotion. It does not address the issue of equality regarding remuneration and other employment and working conditions for migrant workers.

Due to the failure to provide the information on equality of treatment in respect of remuneration and other employment and working conditions for migrant workers, the Committee concludes that the situation in Armenia is not in conformity with Article 19§4 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Accommodation

The Committee recalls that States shall eliminate all legal and de facto discrimination concerning access to public and private housing (European Roma Rights Centre (ERRC) v. France, Complaint No. 51/2008, decision on the merits of 19 October 2009, §§111-113). It also recalls that there must be no legal or de facto restrictions on home–buying (Conclusions IV (1975), Norway), access to subsidised housing or housing aids, such as loans or other allowances (Conclusions III (1973), Italy).

The Committee had previously asked for information on how equal treatment with respect to accommodation is secured (Conclusions 2015). In its previous conclusion, the Committee noted the absence of information and concluded that the situation in Armenia was not in conformity with Article 19§4 of the Charter on the ground that it has not been established that the state had taken adequate practical steps to eliminate all legal and de facto discrimination (Conclusions 2019).

The report does not provide any information on access to subsidised housing or housing aids, such as loans or other allowances and on general availability of housing for migrant workers. Given the repeated lack of information on this point, the Committee accordingly considers that the situation is not in conformity with the Charter on the ground that adequate measures to eliminate all legal and de facto discrimination against migrant workers and their families with regard to accommodation have not been taken.

Monitoring and judicial review

The Committee recalls that it is not enough for a government to demonstrate that no discrimination exists in law alone but also that it is obliged to demonstrate that it has taken adequate practical steps to eliminate all legal and de facto discrimination concerning the rights secured by Article 19§4 of the Charter (Conclusions III (1973), Statement of interpretation).

In particular, the Committee considers that in order to monitor and ensure that no discrimination occurs in practice, States Parties should have in place sufficient effective monitoring procedures or bodies to collect information, for example disaggregated data on remuneration or information on cases in employment tribunals (Conclusions XX-4 (2015), Germany). The Committee further recalls that under Article 19§4(c), equal treatment can only be effective if there is a right of appeal before an independent body against the relevant administrative decision (Conclusions XV-1 (2000) Finland). It considers that existence of such review is important for all aspects covered by Article 19§4.

In its previous conclusion (Conclusions 2019), the Committee concluded that the situation in Armenia was not in conformity with Article 19§4 of the Charter on the ground that it had not been established that the State:

·         put in place effective monitoring procedures or bodies, and

·         ensures an effective right of appeal before an independent body concerning the rights secured by Article 19§4 of the Charter.

The report does not provide information in this respect. Given the repeated lack of information on this point, the Committee considers that the situation is not in conformity with the Article 19§4 of the Charter on the ground that effective monitoring procedures and an effective right of appeal before an independent body concerning the rights secured by Article 19§4 of the Charter are not ensured.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 5 - Equality regarding taxes and contributions

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked for Article 19§5 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children, families and migrants” thematic group).

As the previous conclusion found the situation in Armenia to be in conformity with the Charter (Conclusions 2019), there was no examination of the situation in 2023 on this point. Therefore, the Committee reiterates its previous conclusion.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 6 - Family reunion

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§6 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee considered that the situation in Armenia was not in conformity with Article 19§6 of the Charter on the grounds that it had not been established that the right of families of migrants legally established in the territory to join them was effectively secured and that there was no right of review of a decision rejecting an application for family reunion before an independent body.

In the present conclusion, the assessment of the Committee will therefore concern the information provided by the Government in response to the previous conclusion of non-conformity.

Scope

This provision obliges States Parties to allow the families of migrants legally established in the territory to join them. According to Appendix to the revised European Social Charter, for the purpose of applying Article 19§6, the term “family of a foreign worker” is understood to mean at least the worker’s spouse and unmarried children, as long as the latter are considered to be minors by the receiving State and are dependent on the migrant worker.

In the previous conclusion (Conclusions 2019), in the absence of a reply to its previous request for information (Conclusions 2015) on the scope of the right to family reunion, in particular whether there are any age limits imposed for children and spouses, the Committee reiterated its request for information and considered that should the next report not provide comprehensive information in this respect, there would be nothing to establish that the implementation of the right to family reunion was in conformity with the Charter.

The report indicates that starting from May 2021, the Unified Social Service of the Ministry of Labour and Social Affairs continued to provide free support and consulting to migrant workers. The report provides information on the operation of the website https://migration.am as the official website of the Migration Service of the Ministry of Territorial Administration and Infrastructure. It indicates moreover that in January 2022, the electronic system for issuance of work permits was introduced and this allows labour migrants and their family members to obtain work permits through a facilitated and rapid procedure.

However, the report does not address the specific question raised by the Committee on the scope of the right to family reunion, in particular whether there are any age limits imposed for children and spouses in the implementation of this right. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 19§6 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Conditions governing family reunion

The Committee recalls that a state must eliminate any legal obstacle preventing the members of a migrant worker’s family from joining him (Conclusions II (1971), Cyprus). Any limitations upon the entry or continued present of migrant workers’ family must not be such as to be likely to deprive this obligation of its content and, in particular, must not be so restrictive as to prevent any family reunion (Conclusions XVII-1 (2004), the Netherlands; Conclusions 2011, Statement of Interpretation on Article 19§6).

The Committee furthermore recalls that, taking into account the obligation to facilitate family reunion as far as possible under Article 19§6, States Parties should not adopt a blanket approach to the application of relevant requirements, so as to preclude the possibility of exemptions being made in respect of particular categories of cases, or for consideration of individual circumstances (Conclusions 2015, Statement of Interpretation on Article 19§6).

In the previous conclusions (Conclusions 2019), the Committee noted that the previous report provided extensive information on the legal framework of the right of refugees and asylum seekers to family reunion but did not provide any information as regards migrant workers who are not applying for international protection. In view of the persistent lack of the essential information concerning conditions governing family reunion with regard in particular to requirements as to health, means, accommodation and length of residence prior to eligibility, the Committee concluded that it had not been established that the right to family reunion was effectively secured.

The report does not address the issue of conditions governing the right to family reunion and limits its submission to stating that expulsion of a foreigner residing in Armenia shall be prohibited where s/he is minor and his/her parents lawfully reside in the country or has a minor under his/her care or is over the age of 80. It also indicates that medical aid and services for foreign national with diseases presenting a danger for others is organised free of charge.  

However, this information does not address the questions previously raised . The Committee concludes that the situation is not in conformity with the Charter in this regard.

Remedy

The Committee recalls that restrictions on the exercise of the right to family reunion should be subject to an effective mechanism of appeal or review, which provides an opportunity for consideration of the individual merits of the case consistent with the principles of proportionality and reasonableness (Conclusions 2015, Statement of Interpretation on Article 19§6).

In the previous conclusion (Conclusions 2019), the Committee noted that the previous report did not provide any reply to its request for information concerning the right of review of a decision rejecting an application for family reunion before an independent body. It therefore reiterated its previous conclusion (Conclusions 2015) that the situation was not in conformity with the Charter in this respect. 

The report still does not reply to this finding and does not provide any information as to whether the exercise of the right to family reunion is subject to an effective mechanism of appeal or review before an independent body. The Committee therefore reiterates its finding of non-conformity on this point.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 7 - Equality regarding legal proceedings

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§7 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee took note of the legal framework relating to access to free councils, legal aid and interpreter for migrant workers in judicial proceedings (civil, criminal and administrative). It also took note  that the domestic courts are obliged, at the expense of the state funds, to provide interpretation to an accused who does not have command of Armenian. The Committee found the situation to be in conformity with Article 19§7 of the Charter.

In the previous conclusion (Conclusions 2019), the Committee noted that a new Civil Code of Procedure, which was being drafted, had not yet been adopted, and asked the next report to provide information on any developments in relation to access to legal aid. 

In reply, the report indicates that pursuant to Article 11 of the new Civil Procedure Code, adopted in 2018, "the administration of justice in civil cases shall be conducted on the basis of the principle of equality of all persons participating in the case before the law and court." The report further indicates that "according to Article 64 of the Constitution (Right to receive legal aid) "everyone shall have the right to receive legal aid. Legal aid shall be provided at the expense of state funds in the cases prescribed by law." Also, according to Article 8 of the Constitutional Law of the Republic of Armenia "Judicial Code" (Ensuring the right to judicial protection and fair trial) "the activities of courts must be organised in such a way as to ensure effective judicial protection of rights and freedoms of each person through a fair and public hearing of his or her case within a reasonable time period by an independent and impartial court established by law."

According to the report, refugees and asylum seekers may apply to the Migration Service for receiving legal support and aid. The employees of the relevant division of the Service (Asylum and Legal Affairs Division) will provide them with complete consulting with regard to all the rights prescribed for the relevant category persons under the legislation of the Republic of Armenia, including the rights to receive legal support and aid.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 8 - Guarantees concerning deportation

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§8 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee deferred its conclusions pending receipt of the information requested. In the present conclusion, the assessment of the Committee will therefore concern the information provided by the Government in response to the previous conclusion of deferral.

In Conclusions 2017, the Committee assessed the guarantees concerning deportation under the Armenian legal framework and also took account of additional clarification provided by the authorities as regards expulsion on health grounds. The Committee deferred its conclusions pending receipt of the following information:   

·         time-limit granted to foreigners whose residence permit expired prior to any expulsion, within which the police shall notify the person about the decision concerning his/her residency status and the time-limit for either getting a valid residence status, leave the country or lodge an appeal against that decision,

·         whether courts, when examining the risk of violation of human rights in case of expulsion, take into account the Charter’s requirements under Article 19§8 and assess the proportionality of expulsion be determined by considering all aspects of the non-nationals’ behaviour, as well as the circumstances and the length of time of his/her presence in the territory of the State, including the individual’s connection or ties with both the host state and the state of origin, and the strength of any family relationships that he/she may have formed during this period.

In the previous conclusion (Conclusions 2019), the Committee noted that the previous report failed to respond to Committee’s questions. It therefore reiterated its questions and  exceptionally deferred its conclusion once again, pending receipt of the information requested.

In reply, the report indicates that according to the relevant provisions of the Law on Foreigners, persons lawfully residing in the territory of the Republic of Armenia may not be expelled, where they do not pose a risk for the national security of the country or do not commit crimes contradicting the public interests or morality. The report further indicates that pursuant to Article 55 of the Constitution (Prohibition of expulsion or extradition), "No one may be expelled or extradited to a foreign state, if there is a real danger that the given person may be subjected to death penalty, torture, inhuman or degrading treatment or punishment in that country". Also, Article 32 of the Law on Foreigners, expulsion of foreigners to a State where human rights are violated, particularly, where he or she may face persecution on the grounds of racial, religious affiliation, social origin, citizenship, or political convictions, or if the foreigners concerned may be subjected to torture or cruel, inhuman or degrading treatment or punishment, or to death penalty, shall be prohibited.

The Committee also takes note from the report that expulsion of a foreigner residing in the country shall be prohibited, where he or she is a minor, and his or her parents lawfully reside in the Republic of Armenia; or has a minor under his or her care; or is over the age of 80. It also takes note that collective expulsion of foreigners is prohibited.

However, the report does not reply to the two specific questions previously raised by the Committee (Conclusions 2019). Therefore, the Committee concludes that the situation is not in conformity with Article 19§8 of the Charter.  

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 9 - Transfer of earnings and savings

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§9 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee found the situation in Armenia to be in conformity with Article 19§9 of the Charter without raising any specific question.

Since no targeted questions were asked under Article 19§9, and the previous conclusion found the situation in Armenia to be in conformity with the Charter without requesting any information, there was no examination of the situation in 2023.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 10 - Equal treatment for the self-employed

The Committee takes note of the information contained in the report submitted by Armenia.

On the basis of the information in the report the Committee notes that there continues to be no discrimination in law between migrant employees and self-employed migrants in respect of the rights guaranteed by Article 19.

However, in the case of Article 19§10, a finding of non-conformity in any of the other paragraphs of Article 19 ordinarily leads to a finding of non-conformity under that paragraph, because the same grounds for non-conformity also apply to self-employed workers. This is so where there is no discrimination or disequilibrium in treatment.

The Committee has found the situation in Armenia not to be in conformity with Articles, 19§4, 19§6, 19§8 and 19§11 of the Charter. Accordingly, for the same reasons as stated in the conclusions on the abovementioned Articles, the Committee concludes that the situation in Armenia is not in conformity with Article 19§10 of the Charter.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 11 - Teaching language of host state

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§11 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee deferred its conclusions, pending receipt of the information requested.

In the previous conclusion (Conclusions 2019), the Committee took note from the previous report that a new policy on integration of foreigners was adopted by the government in 2016. It envisaged organisation of Armenian language courses free of charge for refugees, persons who obtained asylum, as well as for "long-term migrants". The Committee asked to be kept informed about the implementation of the new policy. It also asked the next report to provide information on:

·         whether teaching opportunities apply to all migrant workers and on the conditions for participation in the free language courses,

·         on measures adopted or envisaged to support children of migrant workers to enable them to participate fully in their education (included in the curricula, or provided outside of regular schooling, such as extracurricular classes, or other forms of assistance),

·         whether financial means were made available to institutions tasks with provision of language education,

·         on statistics concerning the number and percentage of migrant children who have access to the education system and receive necessary support, as well as on the number of adult migrant workers who participate in language courses.

The report does not address any of the above-mentioned questions previously raised by the Committee. Due to the failure to provide the requested information, the Committee concludes that the situation is not in conformity with Article 19§11 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 12 - Teaching mother tongue of migrant

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee points out that no targeted questions were asked in relation to Article 19§12 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In the previous conclusion (Conclusions 2019), the Committee, pending receipt of the information requested, concluded that the situation in Armenia was in conformity with the Charter.

In the previous conclusion (Conclusions 2019), the Committee took note that children of national minorities, in particular of the largest groups – Russian and Assyrian, can study and learn certain subjects in their native language in mainstream schools. The Committee also took note previously that the National Centre for Educational Technologies of the Ministry of Education and Science has developed an education management information system and started to collect data on national identity, citizenship, status, native language and on activities being carried out.

The Committee reiterates its previous conclusion that the situation is in conformity with the Charter.

Article 27 - Right of workers with family responsibilities to equal opportunity and treatment

Paragraph 1 - Participation in working life

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked in relation to Article 27§1 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral, or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In its previous conclusion, the Committee found that the situation in Armenia was in conformity with Article 27§1 of the Charter, pending receipt of the information requested, i.e. whether preschool education is free of charge (Conclusions 2019). The assessment of the Committee will therefore concern the information provided in the report in response to the question raised in its previous conclusion. 

Child day care services and other childcare arrangements

4.  In its previous conclusions (Conclusions 2019 and 2017), the Committee asked for the report to provide information on whether preschool education is free of charge. The Committee recalls that preschool education should be free of charge and, if it is not, measures must be taken to make it financially accessible for vulnerable families (Conclusions 2019, Armenia). 

5.  The Committee notes that the report does not provide this information. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 27§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of their reporting obligations under Article C of the Charter.

6.  The Committee also requested updated information regarding the structural capacity to accommodate children in kindergartens, disaggregated by age group and the number of applications for places turned down due to a lack of available places (Conclusions 2019). The Committee recalls that the aim of Article 27§1c is to develop or promote services, in particular child day care services and other childcare arrangements, available and accessible to workers with family responsibilities (Conclusions 2005, Statement of Interpretation on Article 27§1c, see e.g. Conclusions 2005 Estonia).

7.  The Committee notes that the report does not provide this information. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 27§1 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of its reporting obligations under Article C of the Charter.

Covid-19

In the context of the Covid-19 crisis, the Committee asked all States to provide information on whether the Covid-19 crisis had had an impact on the rights of workers with family responsibilities to equal opportunities and treatment, in particular on the possibilities to work remotely and its consequences.

In reply, the report states that the Labour Code of the Republic of Armenia was amended and supplemented in 2020 in order to prevent the violation of the rights of employees. The concept of remote working was introduced, and it was stipulated that employees who can work remotely cannot be laid off and must retain their full salary. In addition, the fact that an employee does not report for work or is not present for an entire working day during periods of emergency (preventing natural disasters, technological accidents, epidemics, etc.) or for the purpose of organising care of children under the age of twelve during unforeseen holidays is not considered as breaching work disciplinary rules. In these cases, the employee is paid at least for the time worked, or for the work done and the employer is prohibited from terminating the working contract. 

Article 27 - Right of workers with family responsibilities to equal opportunity and treatment

Paragraph 2 - Parental leave

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked in relation to Article 27§2 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral, or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In its previous conclusion, the Committee considered that the situation in Armenia was not in conformity with Article 27§2 of the Charter on the grounds that the level of parental leave benefit was inadequate (Conclusions 2019).  The assessment of the Committee will therefore concern the information provided in the report in response to the conclusion of non-conformity.

Entitlement to the parental leave

In its previous conclusions (Conclusions 2019 and 2015), the Committee asked the report to provide information on the non-transferable part of fathers’ entitlement to parental leave and its duration. 

The Committee recalls that to promote equal opportunities and equal treatment between men and women, the leave should, in principle, be provided on a non-transferable basis to each parent (Conclusions 2011, Armenia); the States Parties are under a positive obligation to encourage the use of parental leave by either parent (Conclusions 2015, Statement of Interpretation on Article 27§2).

The Committee notes that the report does not reply to its question. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 27§2 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of its reporting obligations under Article C of the Charter.

Remuneration

In its previous conclusion (Conclusion 2019), the Committee considered that the situation in Armenia was not in conformity with Article 27§2 of the Charter on the grounds that the level of benefit of AMD 18 000 per month paid during parental leave to care for a child under the age of two was too low and was thus inadequate. 

The Committee recalls that remuneration of parental leave plays a vital role in the take up of childcare leave, in particular for fathers or lone parents (Conclusions 2011, Armenia); States must ensure that an employed parent is adequately compensated for his/her loss of earnings during the period of parental leave; the modalities of compensation is within the margin of appreciation of the States Parties and may be either paid leave (continued payment of wages by the employer), a social security benefit, any alternative benefit from public funds or a combination of such compensations; regardless of the modalities of payment, the level must be adequate (Conclusions 2015, Statement of Interpretation on Article 27§2); unpaid parental leave is not in conformity with Article 27§2 (Conclusions 2019, Ireland, Malta).

The report did not provide any information regarding the level of parental leave. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 27§2 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of its reporting obligations under Article C of the Charter.

Covid-19

In the context of the Covid-19 crisis, the Committee asked all States to provide information on whether the Covid-19 crisis had an impact on the rights of workers with family responsibilities to parental leave.

In reply, the report states that the Covid-19 crisis did not result in any amendments to Article 173 of the Labour Code of the Republic of Armenia which provides for parental leave. 

Article 27 - Right of workers with family responsibilities to equal opportunity and treatment

Paragraph 3 - Illegality of dismissal on the ground of family responsibilities

The Committee takes note of the information contained in the report submitted by Armenia.

The Committee recalls that no targeted questions were asked in relation to Article 27§ 3 of the Charter. For this reason, only States in relation to which the previous conclusion had been a conclusion of non-conformity, deferral, or conformity pending receipt of information were required to provide information for this provision in the current reporting cycle (see the appendix to the letter in which the Committee requested a report on the implementation of the Charter in respect of the provisions relating to the “Children families and migrants” thematic group).

In its previous conclusion, the Committee found that the situation in Armenia was in conformity with Article 27§3 of the Charter, pending receipt of the information requested i.e. to clarify, in light of the relevant case law, what criteria are taken into account by courts when awarding compensation, and to provide examples of the relevant case law showing how provisions on compensation for non-pecuniary damage for the discriminatory treatment by an employer are applied in cases of the unlawful dismissal of employees with family responsibilities (Conclusions 2019). The assessment of the Committee will therefore concern the information provided in the report in response to the questions raised in its previous conclusion. 

Effective remedies

In its previous conclusion (Conclusions 2019), the Committee asked for the next report to clarify the criteria taken into account by the court when awarding compensation for non-pecuniary damage caused by discriminatory treatment by an employer and to provide examples of the relevant case law showing how the said provisions (Article 162§5 of the Civil Code, as amended by Law No. HO-184-N of 2015) are applied in cases of unlawful dismissal of employees with family responsibilities.

In reply, the report provides information regarding the compensation for the unlawful dismissal of persons with family responsibilities under Article 8§2. The report states that in the case of the violation of employment rights, no mechanism for compensation of non-pecuniary damage is envisaged. However, it also states that under Article 162.1 of the Civil Code of the Republic of Armenia, any person whose right to effective remedy has been violated has the right to compensation for non-pecuniary damage.

The Committee recalls that courts or other competent bodies should be able to order the reinstatement of an employee unlawfully dismissed (Conclusions 2007 Finland) and/or to award a level of compensation that is sufficient both to deter the employer and proportionate the damage suffered by the victim (Conclusions 2005, Estonia). Any ceiling on compensation that may preclude damages from being commensurate with the loss suffered and sufficiently dissuasive is proscribed (Conclusions 2011, Statement of Interpretation on Articles 8§2 and 27§3). If there is a ceiling on compensation for pecuniary damage, the victim must be able to seek unlimited compensation for non-pecuniary damage through other legal avenues (e.g. anti-discrimination legislation), and the courts competent for awarding compensation for pecuniary and non-pecuniary damage must decide within a reasonable time (Conclusions 2011, Statement of Interpretation on Articles 8§2 and 27§3, see also Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, Complaint No. 158/2017, the decision on the merits of 11 September 2019, §96).

The Committee considers that the report did not demonstrate that the persons with family responsibilities had the right to unlimited compensation for non-pecuniary damages. Due to the failure to provide the requested information, the Committee concludes that the situation in Armenia is not in conformity with Article 27§3 of the Charter. The Committee considers that this failure to provide information amounts to a breach by Armenia of its reporting obligations under Article C of the Charter.

As regards effective remedies, the Committee refers to its conclusion under Article 8§2 of the Charter where it considered that the situation in Armenia is not in conformity. Therefore, the Committee concludes that, as regards effective remedies, the situation in Armenia is not in conformity with Article 27§3, either.

Covid-19

In the context of the Covid-19 crisis, the Committee asked all States to provide information on 

·         whether the Covid-19 crisis had an impact on the prohibition of dismissal on the ground of family responsibilities and whether there were any exceptions to the prohibition of dismissal on the ground of family responsibilities during the pandemic and

·         whether a ceiling on compensation for unlawful dismissals was applied on the ground of family responsibilities during the Covid-19 crisis.

The report states that, because of the Covid-19 pandemic, the Labour Code was amended so that, in accordance with the new provision, dismissal is prohibited during periods of natural disasters, technological accidents, epidemics, etc., or for the purpose of organising the care of children under the age of twelve during unforeseen holidays. No amendments were reported in relation to the second question.