The right to life, the right to an education, the right to privacy, and the right to be protected from economic or sexual exploitation are some of every child’s basic fundamental rights according to the United Nations Convention on the Rights of the Child (UNHCR)
This Convention is a legally-binding international agreement, to which all EU member states are signatories, setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.
On the European level the rights of the child are enshrined in the EU Charter of Fundamental Rights which, following the entry into force of the Lisbon Treaty, is legally binding. Other EU documents relating to children’s rights include the guidelines reinforcing the promotion and protection of the rights of the child in the EU’s external action and a Communication, adopted by the Commission in 2006, ‘Towards an EU strategy on the rights of the child’.
The rights of the child are high on the agenda of the current Hungarian Presidency of the Council of the EU, which places particular attention to the protection of vulnerable children, Roma children and missing children. In February the European Commission presented an ‘EU Agenda for the Rights of the Child’ with a series of concrete actions which the Commission intends to take over the coming years as part of its efforts to implement the EU Charter of Fundamental Rights.
The 11 actions include a proposal for a directive on special safeguards for suspected or accused persons who are vulnerable, including children; a revision of the EU legislation facilitating the recognition and enforcement of decisions on parental responsibility; improving training for guardians, public authorities and other actors who are in close contact with unaccompanied children; and supporting member states and other stakeholders in strengthening prevention, empowerment and participation of children to make the most of online technologies and counter cyber-bullying.
To implement these actions the EU must make use of new technologies and adopt a new approach whereby children are not considered as the weakest link in the legal arena. The Commission intends to create a special portal on its official website to inform the children of their rights in understandable and accessible language. It also intends to take action on member states’ behalf to train judges, legal authorities and the police force on how best to deal with cases involving children. Moreover, the EU Commissioner for Justice, Viviane Reding, is prodding all EU member states to implement the unique 116 000 hotline created to help missing children across the EU, which so far is only operational in 12 member states.
Despite these efforts, there is still ongoing criticism from civil society organisations promoting children’s rights across Europe calling for a stronger EU strategy and coordination which would integrate children’s rights in all EU policies. In the coming days, MEUSAC will be organising a consultation session for members of its sectoral committees on this agenda which, through its proposed measures and legal changes, would put into effect mechanisms to support authorities in EU countries to improve children’s well-being and make Europe’s judicial system more child-friendly.
Brenda Azzopardi is an Executive – EU Policy & Legislation, MEUSAC