WUNRN
RIGHTS OF THE GIRL CHILD IN THE
EUROPEAN UNION
CHILD RIGHTS IN THE EUROPEAN UNION
At present,
the European Union (EU) institution has no obligation to respect the UN
Convention on the Rights of the Child (CRC). However, all EU Member States as
individuals are bound to it as they ratified the Convention.
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Link ro UN
Convention on the Rights of the Child - Country Ratification Status:
http://www2.ohchr.org/english/bodies/ratification/11.htm
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The EU specifically addresses
children’s right in article 24 of the
EU Charter of Fundamental Rights adopted in 2000, as well as article
I-3 paragraph 3 of the Draft Constitution for the European Union .
The proposed
EU Constitution
contains provisions to make the Charter a legally binding document which would
be part of the EU treaties. However, the constitution has an unsure existence
because the people of France and the Netherlands said ‘no’ to its establishment
in national referenda.
Although not
binding, the EU Charter has become an important reference document, and the
Advocates General of the European Court of Justice (ECJ) have referred on
several occasions to the Charter in ECJ cases.
Meanwhile,
as there is no direct mention of children’s rights in EU treaties, EU
institutions have used existing legal basis, for example Article
13 of the Treaty establishing the European Community, article
29 of the Treaty on the EU and 137
of the Amsterdam Treaty. These have been used to develop policies and
programmes, notably in relation to discrimination against children, child
protection, child poverty and social exclusion.
The
EU and the European Convention on Human Rights
The draft EU
constitution has suggested the European Union accede (in other words ‘sign up’)
to the European Convention on Human Rights, which is a text from the Council of
Europe. As a result the European Court of Human Rights, a Council of Europe
institution, would have been in charge of examining how the European Union
respects fundamental rights.
The Council of Europe, comprised of 47 members
including the 27 member states of the EU, is different from the European Union
(EU) and is an international organisation in its own right.
EU
Policies and Programmes
On 4 July
2006, the European Commission launched a Communication
called “Towards an EU Strategy on the Rights of the Child”.
The aim was to establish a comprehensive approach to children’s rights in both
internal and external EU-policies.
It contains
seven long-term objectives (such as fighting child poverty), and short-term
measures (including a telephone helpline for children to access from all over
Europe). The Commission will also appoint a “Coordinator of the Rights of the
Child”, to act as a contact person and ensure coordination.
The proposal
for a European Union strategy on children's rights is still being discussed.
The European Parliament is now (1 June 2007) preparing a report
addressing the strategy. Children’s rights experts were invited to share information
and experiences in the first meeting of the European Forum on the Rights of the
Child (June 2007). More info
The European
Union has adopted about 50 legislative and non-legislative documents. The
former include regulations, directives and decisions while the latter include
green papers, communications, reports, studies, and declarations. They are all
used as instruments to promote children’s rights in areas including:
In addition,
it has also developed financial assistance programmes. These include:
Fore a
complete list of areas covered please click here
and for documents and lists of projects click here
External
Relations
In recent
years, the EU has focused on children in its external relations. For example,
it adopted the “EU
Guidelines on Children in armed conflicts” in December
2003. The European Commission's Humanitarian Aid Office (ECHO) has financed
projects relating to children (e.g feeding, vaccination, primary education, and
reintegration of child soldiers) and has identified children as a priority in
its last two annual strategic plans and guidelines. Other projects also have
been financed under the European Initiative for Democracy and Human Rights
(EIDHR), as seen above.
Finally, the
European Commission incorporates a “human rights clause” into nearly all EU
agreements with third countries. It has also incorporated human rights into the
conditions required for countries wanting to join the EU. Candidate countries
must respect those EU principles common to Member States.
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