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RIGHTS OF THE GIRL CHILD IN THE EUROPEAN UNION

http://www.crin.org/RM/European_union.asp

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:

• asylum and immigration,
• justice and family matters,
• child trafficking and prostitution,
• violence against children,
• child safety on the internet and TV,
• discrimination and social exclusion,
• child poverty,
• child labour (including trade agreements committing to the abolition of child labour),
• health and education
• children in armed conflict. 

In addition, it has also developed financial assistance programmes. These include:

• DAPHNEE II on violence against children, young people and women,
• AGIS on trafficking in human beings and the sexual exploitation of women and children, as part of the fight against organised crime,
• Safer Internet Plus to promote safer use of internet particularly for children
• Twenty five children’s rights projects identified as priorities within the European Initiative for Democracy and Human Rights (EIDHR ) in 2001, and mainstreamed in funding from 2002-2004. More information

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.

• European Parliament Hearing on Children's Rights (17/04/2007)
• European Commission Communication: Towards an EU Strategy on the Rights of the Child (29/01/2007)
• EURONET Webpage on the EU Strategy on Children's Rights
• Report: What about children? Children's Rights in the European Union: Next Steps

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