Unlocking the potential of the EU Charter to ensure equal treatment and non-discrimination between children in childcare leave

Abstract

EU childcare leave law and policy have traditionally been shaped by concerns relating to gender equality and work-life balance. Conversely, the rights of the child remain largely marginalised in this context, which may result in unequal access to childcare leave among children. Against this normative backdrop, the present paper explores the meaning of equality and non-discrimination between children in relation to childcare leave. It argues for a robust and purposive application of the EU Charter of Fundamental Rights to ensure that children's rights are mainstreamed in all the acts of the EU institutions as well as those of the Member States when they are implementing EU law. In particular, Articles 20 and 21(1) are important to secure equal access to childcare leave for all children.