A4-0393/96

Resolution on measures to protect minors in the European Union

The European Parliament,

- having regard to the motions for resolutions by

(a) Mr Gerado Fernández-Albor on measures to protect minors in the European Union (B4-0443/94),

(b) Mrs Luisa Todini on the problem of violence towards children (B4-0029/96),

(c) Mr Carlos Robles Piquer on measures to promote the sponsorship of children in care who have reached the age of legal majority (B4-0699/96),

- having regard to Petition No 684/95 by Mrs Jutta Birnbickel,

- having regard to the Declaration of the Rights of the Child, adopted by the UN General Assembly on 20 November 1959,

- having regard to the 1989 UN Convention on the Rights of the Child,

- having regard to the European Convention on the Exercise of Children's Rights (Strasbourg, 25 January 1996),

- having regard to the Preliminary draft Convention on the protection of children, which was adopted by the Special Commission of the Hague Conference on 22 September 1995 and which is to serve as the basis for the revision of the 1961 Hague Convention on the Protection of Minors,

- having regard to the Hague Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors,

- having regard to the Hague Convention of 25 October 1980 on the civil aspects of the international child abduction,

- having regard to the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (Strasbourg, 20 May 1980),

- having regard to the Convention on the Legal Status of Children Born out of Wedlock (Strasbourg, 15 October 1975),

- having regard to the (Council of Europe) Convention of 7 May 1963 on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality and the two additional protocols subsequently adopted,

- having regard to Council of Europe Recommendation 1286 (1996) on a European strategy for children,

- having regard to the EKMAN report of 6 November 1989 by the Legal Affairs Committee of the Council of Europe on the rights of children,

- having regard to Recommendation 1121 adopted by the Parliamentary Assembly of the Council of Europe on 1 February 1990,

- having regard to the conclusions of the Closing Conference of the Childhood Policies Project of the Council of Europe in Leipzig (30 May/1 June 1996),

- having regard to the report of 17 January 1996 drawn up by the Special Rapporteur of the Human Rights Committee of the United Nations' Economic and Social Council appointed to study the sale of children, child prostitution and child pornography,

- having regard to the report on the European regional consultation organized by the Council of Europe and UNICEF in preparation for the World Congress against the Commercial Sexual Exploitation of Children, Strasbourg, 25 and 26 April 1996,

- having regard to the declaration and action programme of the World Congress against the Commercial Sexual Exploitation of Children, Stockholm, 27-31 August 1996,

- having regard to the statement to Parliament by its President on 4 September 1996 on child murders ((Verbatim report of proceedings, Item 3.)),

- having regard to the Commission statement to Parliament on 4 September 1996 on child abuse ((Verbatim report of proceedings, Item 11.)),

- having regard to its debates of 5 September 1996 on the abovementioned statements ((Verbatim report of proceedings, Item 11.)) and of 18 September 1996 on child abuse ((Verbatim report of proceedings, Item 8.)),

- having regard to its resolution of 19 September 1996 on minors who are victims of violence ((Minutes of that sitting, Part II, Item 8.)),

- having regard to the declaration by the Irish Presidency on 9 September 1996 on the sexual exploitation of children,

- having regard to the 'political agreement' reached in Dublin on 26 September 1996 at the informal meeting of the Council of Justice and Home Affairs Ministers on three proposals for joint actions concerning (a) the extension of the mandate of the Europol Drugs Unit to include the fight against traffic in human beings, (b) the establishment of a multiannual programme of training and exchange of personnel involved in fighting paedophilia and traffic in human beings and (c) the creation and updating of a registry of responsibilities and knowledge relating to the fight against paedophilia, which would develop into a 'centre of excellence',

- having regard to the 'political agreement' reached in Dublin on 27 September 1996 at the informal meeting of the Council of Justice and Home Affairs Ministers on the principle of improving legal cooperation in the fight against paedophilia,

- having regard to the conclusions of the Council of Transport, Energy and Communications Ministers of 27 September 1996 on paedophilia and the Internet,

- having regard to the Council resolution of 20 June 1995 on minimum guarantees for asylum procedures, and especially points 26 and 27 concerning unaccompanied minors,

- having regard to the Council's work on a draft convention on jurisdiction and enforcement of judgments in matrimonial matters, and especially the points concerning the custody of children of divorced parents,

- having regard to the Commission's call for tenders for a study on the protection of minors vis-à-vis the information society's new services ((OJ C 276, 21.10.1995, p. 17.)),

- having regard to its resolution of 13 December 1991 on the problems of children in the European Community ((OJ C 13, 20.1.1992, p. 534.)),

- having regard to its resolution of 8 July 1992 on a European Charter of Rights of the Child ((OJ C 241, 21.9.1992, p. 67.)),

- having regard to its resolution of 9 March 1993 on the abduction of children ((OJ C 115, 26.4.1993, p. 33.)),

- having regard to its resolution of 18 July 1996 on the abduction of children of bi-national marriages in the Member States ((OJ C 261, 9.9.1996, p. 157.)),

- having regard to paragraphs 93 to 101 of its resolution of 17 September 1996 on respect for human rights in the European Union in 1994 ((Minutes of that sitting, Part II, Item 6.)),

- having regard to the work of the UN High Commissioner for Refugees on a draft entitled 'Notes on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum',

- having regard to the UNHCR handbook 'Refugee Children / Guidelines on Protection and Care',

- having regard to the public hearing held by the Committee on Legal Affairs and Citizens' Rights on 1 and 2 October 1996 on 'The legal protection of minors' and 'The international adoption of minors',

- having regard to Rule 45 of the Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinions of the Committee on Civil Liberties and Internal Affairs, the Committee on Culture, Youth, Education and the Media and the Committee on Women's Rights (A4-0393/96),

A. whereas children are also citizens of the Union and whereas their rights and interests must be safeguarded and supported in all areas of Union activity,

B. whereas the terms 'children' and 'minors' mean any person under the age of 18 years, unless otherwise stated,

C. whereas the protection minors means all coordinated social activity geared to the normal development of young people and the promotion of their abilities so that they may become adults able to cope with life in the family and in society,

D. whereas today's children will be the society of the future,

E. whereas children in particular are increasingly the victims of socio- economic problems,

F. alarmed by the fact that children and their families, and especially single- parent families, are the victims of poverty,

G. concerned, in particular, at the increase in pollution-related illnesses, such as allergies, among children and young people,

H. concerned that the European Union is not pursuing a policy geared directly to the rights of children, and thus to improving children's living conditions,

I. whereas the protection of children's human rights in relation to adults needs to be extended and more precisely defined, in order to meet children's needs,

J. whereas the European integration process is causing sweeping changes for all the Union's citizens, especially children,

K. whereas budgetary considerations often have priority over the formulation and implementation of policy aimed at protecting children's rights,

L. whereas the problems facing children outside the European Union, especially in the developing countries, are generally more serious and more difficult to solve,

M. whereas a special protection scheme for minors applying for asylum and refuge should be set up under the rules governing the guarantees provided by the Member States' immigration and asylum procedures;

N. whereas children are granted rights, but are often prevented from exercising them by the inadequacy of national legislation and procedural law,

O. whereas over 40 judgments of the European Court of Human Rights concern the rights granted to children,

P. whereas such concepts as maturity and competence, which occur frequently in national legislation on children's rights, must always be used in the interests of the child,

Q. whereas various international agreements call on the authorities to take preventive measures and to provide help with and monitor professional and non-professional relationships which affect children,

R. whereas in the vast majority of cases it is in the interests of children themselves to be cared for by their parents or legal guardians since they need more care than they can claim on the basis of whatever rights they may enjoy,

S. whereas the rights and freedoms of children in the Member States of the European Union are defined in different ways,

T. whereas both the most elementary of children's rights and especially their right of access to the media and to a good education are difficult to enforce,

U. whereas children may be exposed to danger both by their own use and by the misuse by third parties of old and new information and communication technologies,

V. whereas there is not enough social discussion of issues relating to sexuality and love and children today appear to become sexually mature at an earlier age,

W. whereas the conditions for free, harmonious sexual development should be guaranteed,

X. whereas minors should be protected from programmes and publications with a pornographic or violent content, which may disturb their harmonious development and whereas, on the other hand, there is a need to encourage any sexual education initiative that takes account of the values of the person,

Y. whereas an average of one in three children is born to unmarried parents,

Z. whereas a child temporarily or permanently removed from its family environment is entitled to the special protection and support of the State, which must safeguard other ways of caring for that child,

AA. whereas the international community is almost powerless to prevent the abduction of children by one parent, and whereas the legal and police authorities must be more closely coordinated,

AB. whereas not all the Member States have signed international legal instruments designed to combat the abduction of children by one of their parents, such as the Council of Europe Convention of 20 May 1980 on the right of custody mentioned above and the Hague Convention of 25 October 1980 concerning child abduction mentioned above,

AC. whereas the rights of children from third countries are disregarded to a greater extent than those of EU children and the opportunities in the Union for affording this group special protection are not adequately seized,

AD. whereas children themselves are demanding a greater say in decisions concerning their present and future lives,

AE. whereas Article 12(1) of the UN Convention states that 'States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child',

1. Urges the Commission to take note of the alarming findings of research on problems with which children in the European Union have to contend;

2. Hopes that the efforts and the varying experience of the Member States will be coordinated in an effort to combat academic failure;

3. Considers it essential for the Council to decide as soon as possible on joint actions based on Article K.3(2)(b) of the Treaty on European Union and designed to:

- prevent and combat the abduction of, and trafficking in, children;

- establish a programme to develop training and exchange initiatives aimed at people responsible for preventing the abduction of, and trafficking in, children;

- extend the remit of the existing Europol Drugs Unit (EDU) to trafficking in human beings;

4. Supports all measures to improve children's health through the provision of information to parents and the development of school medicine;

5. Calls on the Member States, when amending the Treaty, to include children in it as a separate category of people and urges the institutions to make children's rights a basic principle of their action pending the amendment of the Treaty;

6. Stresses that, in the interests of children, it is particularly important that their right to life, a family, education and social protection should be asserted;

7. Calls on the Member States to support the introduction of an additional protocol to the European Convention on Human Rights that meets the specific needs of children;

8. Emphasizes that educational institutions and the media have a vital role to play in achieving a balanced portrayal of women's and men's role in society;

9. Calls on the Council and the Commission to continue, as a matter of priority, to combat child sex tourism, child pornography and the use of networks for paedophile purposes;

10. Calls on the Member States to adopt legislation making it possible for any of their nationals who commit acts of sexual abuse against children in another country to be prosecuted before their courts;

11. Condemns child pornography, whether or not it is created by recording live scenes or by means of special effects;

12. Calls on the Member States to include provisions in their laws to condemn the production and holding of pornographic material involving children;

13. Calls for the rights of children to be respected in images of minors used for advertising purposes;

14. Calls on the Commission, when taking legislative initiatives directly or indirectly affecting children, to keep their interests uppermost in mind and to ensure the effectiveness of existing legal instruments;

15. Calls on the Commission to make children's rights a principle for action in all branches of policy and to this end to set up a unit responsible for children's rights;

16. Is considering appointing a children's ombudsman to take responsibility for upholding children's rights in all areas of policy, for which the necessary resources should be made available;

17. Calls on the Council to waste no time in converting the 'political agreement' reached in Dublin on 26 September 1996 at the informal meeting of the Council of Justice and Home Affairs Ministers into joint actions within the meaning of Article K.3(2)(b) and to take the necessary financial precautions within the meaning of Article K.8(2), first indent;

18. Calls for the necessary measures to be taken at all levels to prevent new information and communications technologies from being used for illegal purposes, so as to ensure the protection of children in particular;

19. Calls on the Council to adopt proposals to make it possible to prevent paedophile material from being disseminated via the Internet;

20. Calls for special value to be placed on educating children in the use of the 1ew information and communications technologies;

21. Calls on the Commission to encourage, finance and coordinate research into the effects of the European integration process on children;

22. Expresses serious concern about the growing number of children living in the street and homeless children and calls on the Member States to take effective action;

23. Calls on the Member States to encourage political participation by children and particularly to assist in the formation of representative youth parliaments at local, regional and national level and to encourage children to participate in democratically governed organizations and associations;

24. Calls on the Member States to encourage social participation by children, particularly by appointing children's ombudsmen on the Norwegian model or other, tested models; it is important in this context that there should be institutions and organizations which, independently, impartially and efficiently, supervise compliance with the present law and respect for the rights of children;

25. Appeals to the institutions of the European Union to give maximum support to non-governmental organizations and other international organizations committed to the cause of children's rights and the protection of those rights and to use their wealth of knowledge of the situation;

26. Calls on the Member States to promote closer cooperation between judicial authorities, police departments, social services and NGOs, including the setting up of suitable databases containing information concerning people who have been found guilty of paedophile acts, in order to achieve effective protection for minors;

27. Urges the Commission, the Council and the Member States to encourage and participate, within their respective competences, as a matter of urgency, in setting up a European missing children's centre modelled on the body which operates with great efficiency in the United States; such a centre could coordinate the activities of existing centres or associations or those being set up in the Member States;

28. Calls on the Member States to sign and ratify existing international legal instruments and to transpose them into national law;

29. Regrets that the Convention on the Exercise of Children's Rights falls short of the UN Convention on the Rights of the Child in some respects;

30. Calls on the Member States to instruct their authorities to put the legal protection of children first in all decisions affecting children and to apply existing legal provisions on the protection of children consistently in practice;

31. Calls on the Member States to improve the opportunities for reference to be made to violations of children's rights even where an official report has not been made to child protection agencies;

32. Calls on the Member States to improve the opportunities offered by their law on criminal proceedings for children who have been victims or witnesses of violence so that they are not obliged to go through the traumatic experience of reliving offences but are questioned along with appropriate psychological assistance, for example by the use of video or other new technologies;

33. Calls on the Member States to give priority over imprisonment to the rehabilitation and education of under-age offenders, to adjust imprisonment to the needs of minors and on principle not to subject children under 16 to normal imprisonment;

34. Calls on the Council to see to it that the refusal by third countries to cooperate in restoring the right of custody where children are abducted has political and economic consequences in the best interest of the children;

35. Considers that, in our democratic societies, cultural pluralism will be better protected if, among other things, an education system is promoted which preserves Europe's cultural wealth, while at the same time knowledge of the diverse European cultures is boosted by means of school exchanges, thereby consolidating the building of the European house;

36. Calls on the Member States to take into account the UNHCR recommendations on unaccompanied children seeking asylum;

37. Urges the Member States to admit unaccompanied refugee children to their territory with a view to reuniting them with their families and to ensure that they receive the same care as their own children;

38. Calls on the Member States to step up efforts to ensure that children in care are looked after by specially trained personnel;

39. Calls on the Member States to introduce legislation preventing people who are found guilty of paedophile acts from participating in activities which involve contact with minors;

40. Calls on the Commission to take steps to give every support to the continuing and further training of parents and professional educationists on the rights of children and their own roles, and to develop an information policy designed to enable children to exercise their rights;

41. Calls, therefore, on all Member States where this has not already been done to promote and support financially the setting up of an SOS Children's telephone help line (such as, for example, the 'telefono azzurro' in Italy), so that children across the European Union may have immediate access to support and information;

42. Calls on the Member States to cooperate more closely as regards legislation and action by public authorities in respect of offences against minors;

43. Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States, UNICEF and the Parliamentary Assembly of the Council of Europe.