WRITTEN QUESTION No. 3716/97 by Heidi HAUTALA to the Council. Child kidnappings
Date: 1997-11-19
Institutions: European Parliament, HAUTALA
Subjects: European convention, child, child protection, children's rights, custody, illegal restraint, international convention

16. 6. 98

EN

Official Journal of the European Communities

C 187/45

Whilst uniquely identifiable vehicles built to special safety standards for school transport (as in the United States)
could provide further safety benefits, the Commission notes that no Member State has yet chosen to take this
approach in national legislation. Such an approach would clearly necessitate the creation of two fleets of buses ›
one  exclusively  for  school  transport  and  one  for  other  purposes  and  may  not  be  regarded  as  practical  or
cost-effective. The Commission will, in any event, continue to promote legislative and other changes in the effort
to try to ensure high safety standards for all buses and coaches, regardless of their use.

(1)  OJ L 46, 17.2.1997.

(98/C 187/73)

WRITTEN QUESTION E-3716/97

by Heidi Hautala (V) to the Council

(19 November 1997)

Subject: Child kidnappings

From time to time, as a result of divorce or marriage breakdown, children are snatched in the EU Member States
and taken to countries with different cultures. It is made particularly difficult for a Member State(cid:146)s authorities to
act when a child is taken to a country whose legislation places the power of decision over the child with its father
and his family.

There is little information available about child-snatching, and the EU Member States do not make use of each
others(cid:146) experience in order to get children back. Are child kidnappings monitored at Council level? How does the
Council monitor compliance with the Hague Convention? How is the child(cid:146)s interest assessed where it is shown
that compliance with the provisions of the Hague Convention will do more harm than good to the child?

Answer

(23 March 1998)

1.
As  it  has  indicated  on  a  number  of  occasions,  the  Council  attaches  particular  importance  to  matters
concerning the protection of children. A number of measures have been adopted with a view to their protection.

As regards the question put by the Honourable Member, the Council would point out that all the Member States
have  ratified  the  United  Nations  Convention  on  the  Rights  of  the  Child  adopted  in  New  York  on
20 November 1989. In particular, Article 11 of the Convention provides that States Parties shall take measures to
combat the illicit transfer and non-return of children abroad.

In this connection it should be noted that practically all the Member States have ratified the Convention of The
Hague of 25 October 1980 on the civil aspects of the international abduction of children and all the Member
States have ratified the European Convention on Recognition and Enforcement of Decisions concerning Custody
of Children and on Restoration of Custody of Children concluded in the Council of Europe in Luxembourg on
20 May 1980.

In addition, all the Member States took an active part in the preparation of the Convention of 19 October 1996
concluded  at  the  Conference  at  The  Hague  on  Jurisdiction,  Applicable  Law,  Recognition,  Enforcement  and
Cooperation  in  respect  of  Parental  Responsibility  and  Measures  for  the  Protection  of  Children,  which  also
includes provisions on the kidnapping of children.

In order to follow up the progress of the ratification of those conventions by each Member State, Council

2.
bodies regularly take stock of the situation.