(1)

Pursuant to Article 3(3) of the Treaty on European Union, the Union combats social exclusion and discrimination and promotes equality between women and men and protection of the rights of the child.

(2)

Pursuant to Article 9 of the Treaty on the Functioning of the European Union (TFEU), in defining and implementing its policies and activities, the Union takes into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

(3)

Pursuant to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of social exclusion. Pursuant to Article 153(1), point (j), TFEU, with a view to achieving those objectives, the Union supports and complements the activities of the Member States in the field of combating social exclusion.

(4)

Article 24 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) recognises that children have the right to such protection and care as is necessary for their well-being, and that the child’s best interests must be a primary consideration in all actions relating to children, whether taken by public authorities or private institutions. Article 33 of the Charter stipulates that the family shall enjoy legal, economic and social protection.

(5)

Article 17 of the Revised European Social Charter, done at Strasbourg on 3 May 1996, confirms the commitment to take all appropriate and necessary measures to ensure that children have the care, the assistance, the education and the training they need.

(6)

The United Nations Convention on the Rights of the Child, adopted on 20 November 1989, which has been ratified by all Union Member States, stipulates in Articles 2, 3, 6, 12, 18, 24, 27, 28 and 31 that State Parties to the Convention recognise the best interests of the child to be a primary consideration and recognise the child’s right: to participation and development, including the right to protection from all forms of discrimination; to life; to be heard in judicial and administrative proceedings; to enjoyment of the highest attainable standard of health; of access to healthcare services; to State assistance to ensure an adequate standard of living, education, leisure, recreational activities, and to participate fully in cultural and artistic life.

(7)

Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (1), ratified by the Union and all its Member States, stipulates that State Parties to that Convention shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

(8)

Together with its Member States, the Union is fully committed to being a frontrunner in implementing the United Nations 2030 Agenda and the United Nations Sustainable Development Goals, including those on eradicating poverty, ensuring healthy lives and promoting well-being, and ensuring inclusive and equitable quality education.

(9)

On 20 February 2013, the Commission adopted Recommendation 2013/112/EU (2) entitled ‘Investing in children: breaking the cycle of disadvantage’. That Recommendation sets out an integrated approach to reducing child poverty or social exclusion and improving child wellbeing that builds on three pillars: access to resources, access to quality services, and children’s right to participate.

(10)

In November 2017, the European Parliament, the Council and the Commission proclaimed the European Pillar of Social Rights, setting out 20 principles to support well-functioning and fair labour markets and welfare systems. Principle 11 provides for children’s right to affordable early childhood education and care of good quality, protection from poverty and to specific measures to enhance equal opportunities of children from disadvantaged backgrounds.

(11)

The European Parliament, in its Resolution of 24 November 2015 (3), called on the Commission and the Member States to introduce a child guarantee, with a focus on children in poverty and their access to services. The European Parliament, in its Resolution of 11 March 2021 (4), further called on the Commission to include in the EU Strategy on the Rights of the Child concrete measures to invest in children in order to eradicate child poverty, including the establishment of a European Child Guarantee with appropriate resources, and to present its proposal for the European Child Guarantee in the first quarter of 2021, and called on the Member States to invest all possible resources, including Union funds, to fight child poverty and social exclusion and to establish child guarantee national action plans.

(12)

The Joint Declaration entitled ‘Overcoming poverty and social exclusion – mitigating the impact of COVID-19 on families – working together to develop prospects for strong children’, signed in December 2020 by 24 ministers of the Employment, Social Policy, Health and Consumer Affairs Council, called for a European Child Guarantee based on the principles and integrated approach of Recommendation 2013/112/EU and of the European Pillar of Social Rights. The ministers reaffirmed that access to free healthcare, free education, affordable early childhood education and care, decent housing and adequate nutrition are essential for children at risk of poverty or social exclusion.

(13)

The European Pillar of Social Rights Action Plan (5) provides a new impetus to address poverty and social exclusion in the Union, in particular by setting the target with the 2030 horizon to reduce by 15 million the number of people at risk of poverty or social exclusion, including at least 5 million children.

(14)

The Union comprehensive Strategy on the Rights of the Child (6) helps to strengthen children’s participation in society, put the best interests of the child in primary consideration, protect vulnerable children including those at risk of socioeconomic exclusion and marginalisation, protect children’s rights online, foster child-friendly justice and prevent and fight violence against children. It also aims to combat discrimination against children, including on the grounds of their sex or sexual orientation or that of their parents.

(15)

The objective of this Recommendation is to prevent and combat social exclusion by guaranteeing the access of children in need to a set of key services, including mainstreaming a gender perspective in order to take into consideration the different situations of girls and boys, by combating child poverty and fostering equal opportunities. Children in need are persons under the age of 18 years who are at risk of poverty or social exclusion. This refers to children living in households at risk of poverty, or experiencing severe material and social deprivation, or with very low work intensity.

(16)

In order to provide for effective access or effective and free access to key services, Member States should, in accordance with national circumstances and approaches, either organise and provide such services or provide adequate benefits so that parents or guardians of children in need are in a position to cover the costs or charges of those services. Particular attention is required to avoid any possible accompanying costs forming a barrier for children in need in low-income families to full access of the key services.

(17)

Nearly 18 million children are at risk of poverty or social exclusion in the Union (7), with significant differences between Member States. The range of risk factors that can make some children especially vulnerable and exposed to poverty or social exclusion vary considerably. Therefore, national approaches to implementing this Recommendation should be tailored to specific circumstances and needs on the ground. One of the main determinants of social exclusion of children is the unequal access to key services, essential for their wellbeing and the development of their social, cognitive and emotional skills. Children living in poverty or children from disadvantaged backgrounds are more likely to face barriers in accessing early childhood education and care, inclusive education, healthcare, healthy nutrition and adequate housing. They start their lives at a disadvantage, which can have long-term implications for their development and future prospects.

(18)

The intergenerational transmission of social exclusion jeopardises social cohesion over generations and generates higher costs to our welfare states, hindering economic and social resilience. Improving equal access of children in need to key services is therefore an important means of stepping up efforts to prevent and combat social exclusion. It also contributes to fostering equal opportunities for children in need and combating child poverty.

(19)

Tackling disadvantage from early years is a cost-effective investment, including from a long-term perspective, as it contributes not only to the inclusion of children and their higher socioeconomic outcomes when they are adults, but also to the economy and society through better integration into the labour market and social life and improvement in the school-to-work transition, including through the full implementation of the Council Recommendation of 30 October 2020 on A Bridge to Jobs – Reinforcing the Youth Guarantee (8). Investing in equal opportunities for children lays the foundation for a sustainable and inclusive growth, supporting fair and resilient societies and upward social convergence. It also contributes to addressing the impact of adverse demographic developments by reducing skill and labour shortages and ensuring a better territorial coverage, while harnessing the opportunities arising from the green and digital transitions.

(20)

Equal access to quality and inclusive early childhood education and care and education is central to breaking the transmission of social exclusion and securing equal opportunities for children in a disadvantaged situation. However, the limited availability and high costs of early childhood education and care can form a barrier for children from low-income families. Their attendance rates are considerably lower and result later on in worse educational outcomes and higher school drop-out rates, in particular for children with a migrant background or Roma children. Segregation and discrimination in accessing mainstream education by children with disabilities or special educational needs remains a challenge. The choice of the educational establishment needs to reflect the best interests of the child. The growing number of children with a migrant background in education systems calls for the prevention of segregated school settings and the adaptation of teaching methods, in accordance with national law and Member States’ obligations under the relevant international instruments in the field.

(21)

An important part of learning, including acquiring social skills, takes place by means of sport, leisure or cultural activities. Such activities are proven to be beneficial, especially for children from disadvantaged backgrounds. However, certain groups of children cannot afford them or their participation is hindered by a lack of proper infrastructure, poor accessibility or language problems.

(22)

Children in need generally have hindered access to certain healthcare services, such as dental care, or to supports, such as braces, corrective lenses or spectacles. Such children also have fewer opportunities and resources to benefit from disease prevention and health promotion programmes. Income poverty and other social determinants significantly affect the overall development and health, including mental health, of children and increase the risk of ill-health in later years. Early intervention and prevention are essential, together with better access to public health prevention and promotion programmes, including vaccination, and parenting support, which can help achieve better outcomes.

(23)

Access to healthy and sustainable nutrition is a challenge for low-income families in particular. Healthy food and nutrition programmes can help address problems such as poor diet, lack of physical activity, obesity or use of alcohol and tobacco, thereby reducing malnutrition and poor nutrition, which is more prevalent among children from disadvantaged backgrounds. The experience of the COVID-19 pandemic demonstrated the importance of school meal schemes for some children, who were suddenly deprived of a reliable source of nutrition during lockdown (9). Ensuring access of children in need to at least one healthy meal each school day is therefore paramount and could be achieved either by providing such meals or by ensuring that parents or guardians, or children, are in a position to cater for the meals, taking into account specific local circumstances and needs.

(24)

Children from low-income families, with a migrant background or with a minority ethnic origin are at a higher risk of severe housing deprivation, overcrowding and energy poverty, and are more exposed to homelessness. Housing expenditure is a heavy burden for single-earner households, especially those headed by women. The provision of adequate housing and ensuring that children and their families receive adequate temporary accommodation are important mechanisms for tackling social exclusion of children and minimising the risk of homelessness. With the aim of the de-institutionalisation of children, quality community-based or family-based care should be promoted. Placing children in institutional care should be done only when it is in the best interests of the child, taking into account the child’s overall situation and considering the child’s individual needs. Providing support to children who leave institutional or foster care is crucial to support their independent living and social integration.

(25)

The crisis caused by the COVID-19 pandemic may have far-reaching effects on the economic and social well-being of families and children, and is likely to disproportionally affect children from disadvantaged backgrounds. Low and middle-income groups face a higher risk of income loss, with a potentially significant impact on the disposable income of households due to increasing unemployment and reduced telework possibilities. The crisis is expected to exacerbate existing inequalities and is likely to result in an increase in the number of households being at risk of poverty or social exclusion. It also puts significant pressure on the availability of services. Children experiencing various forms of disadvantage are among the hardest hit by the crisis. Distance learning has been difficult for many children living in households without adequate family support, skills or equipment, including for children living in remote or rural territories with inadequate digital infrastructure.

(26)

Tackling social exclusion of children and reducing the socioeconomic impact of the COVID-19 pandemic requires an integrated, person-centred and multidimensional approach and an enabling policy framework. Strengthening cooperation and coordination between services at various levels warrants effective prevention and supports social inclusion of children. Along with ensuring access to key services, across all regions and territories, including through investment in service infrastructure and the workforce, it is also necessary to improve the effectiveness and relevance of related policies, combine preventive and remedial measures and benefit to the maximum extent from existing Union instruments.

(27)

The European Semester economic and employment coordination process, supported by the Social Scoreboard (10), has highlighted the challenge of child poverty or social exclusion, with a number of Member States receiving country-specific recommendations. The Employment Guidelines underline the importance of ensuring the access of everyone, including children, to certain services, such as early childhood education and care, education and healthcare, with such access serving as a necessary condition for ensuring equal opportunities.

(28)

Union funds are available to support the implementation of the European Child Guarantee and further supportive measures. Within the European Social Fund Plus, all Member States will earmark an appropriate amount to tackle child poverty or social exclusion. For Member States in which the rate of children at risk of poverty or social exclusion is above the Union average, that amount is to be at least 5 % of their national European Social Fund Plus allocation. In accordance with the principles of subsidiarity and proportionality, the European Regional Development Fund and InvestEU will also support investment in enabling infrastructure, such as social housing and early childhood education and care facilities, as well as equipment and access to quality and mainstream services. As part of the Recovery Plan for Europe and the ‘Next Generation EU’ instrument, the Recovery and Resilience Facility offers additional Union funding for reforms, investment and policies for the next generation, children and the youth, such as education and skills, to be included in national recovery and resilience plans (11). The Technical Support Instrument can support Member States in designing and implementing structural reforms in the areas of education, social services, justice and health, including cross-sectoral reforms tackling child poverty and social exclusion.

(29)

Member States can also benefit from the 2017-2023 EU school fruit, vegetables and milk scheme to make healthy products more available to children and improve their understanding of the benefits of healthy and sustainable food.

(30)

This Recommendation should be implemented through national action plans adapted to national, regional and local circumstances. Such national action plans should identify children in need and the barriers they face in accessing and taking-up the services covered by this Recommendation. To this end, Member States are recommended to involve relevant stakeholders, including non-governmental organisations promoting children’s rights. Progress in implementing this Recommendation should also be regularly monitored, for example as part of the Social Scoreboard in the context of the European Semester, including through the development of relevant monitoring indicators.

(31)

This Recommendation complements Commission Recommendation 2013/112/EU, constitutes a deliverable of the European Pillar of Social Rights Action Plan, and complements the Union comprehensive Strategy on the Rights of the Child.

(32)

This Recommendation fully respects the principles of subsidiarity and proportionality. It is without prejudice to principles of national procedural law and the legal traditions of the Member States and does not entail an extension of the Union’s powers,