Opinion Of The European Economic and Social Committee on the Communication from the Commission — Towards an EU Strategy on the Rights of the Child COM(2006) 367 final
Date: 2006-12-13
Institutions: European Economic and Social Committee
Subjects: EU initiative, EU policy, child protection, children's rights

30.12.2006

EN

Official Journal of the European Union

C 325/65

Opinion Of The European Economic and Social Committee on the Communication from the
Commission — Towards an EU Strategy on the Rights of the Child

COM(2006) 367 final

(2006/C 325/16)

On 13 July 2006 the European Commission decided to consult the European Economic and Social
Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned
proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 7 November 2006. The rapporteur was Ms van
Turnhout.

At its 431st plenary session, held on 13 and 14 December 2006 (meeting of 13 December 2006), the Euro-
pean Economic and Social Committee adopted the following opinion unanimously.

1. Executive summary

under the United Nations Convention on the Rights of the
Child.

The European Economic and Social Committee welcomes
1.1
the Communication from the Commission entitled Towards an
EU Strategy on the Rights of
the
Committee supports the proposal to develop a comprehensive
EU strategy to effectively promote and safeguard the rights of
the child in the European Union's internal and external policies
and to support Member States' efforts in this field.

In particular,

the Child.

1.2
The EESC regrets however that the Communication does
not indicate that the strategy will commit to minimum stan-
dards and include comprehensive objectives with clear targets
and timelines.

The EESC welcomes the proposed structures to be estab-
1.3
lished to support this Strategy,
including a Children's Rights
Unit within the Commission and a Coordinator for the Rights
of the Child; a Commission Inter-service Group; a European
Forum for the Rights of the Child; a web-based discussion and
work platform; activities to directly involve children in the
process and a communication strategy on children's rights. The
EESC will be seeking to play an active role in these important
fora.

The Committee regrets that more attention is not paid to
1.4
the girl-child, children with disabilities and
the situation of
migrant, asylum seeker and refugee children, both within the EU
and in the global context.

1.5
The EESC welcomes the acknowledgement that Member
States are bound to respect international treaties and calls for a
greater emphasis in the Strategy on the need for Member States
to implement with a sense of urgency their existing European
and international commitments to children's rights, in particular

1.6
The EESC calls for the development of the Strategy to
take into account the diversity of children and their varying
needs, with a particular focus on issues of child poverty and
discrimination. The EESC recommends that priority be given to
the development of a set of comparable indicators and the
collection of consistent data at Member State level. In particular,
it calls for due consideration to be given to the issue of quality
early education for children under six, and for the development
of complementary qualitative targets for childcare and daycare
services.

that

sufficient

The EESC urges

1.7
status and political
leverage be given to the Coordinator for the Rights of the Child
to ensure that the aims of the office are achieved; and that poli-
tical commitment be dedicated to progressing the Communica-
tion and developing the Green Paper and Strategy. The
Committee suggests that
the European Parliament consider
establishing a specific measure to finance the Strategy and its
proposed actions.

2. Background

2.1
Children's rights form part of the human rights that the
EU and the Member States are bound to respect under interna-
tional and European treaties, in particular the UNCRC and its
Optional Protocols (1), including also the Millennium Develop-
ment Goals (2); and the European Convention on Human
Rights (3) (ECHR). The EU explicitly recognised children's rights
in the European Charter of Fundamental Rights (4), specifically
in Article 24.

(1) UN Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children; UN Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child
pornography; Protocol to the Convention on the Rights of the Child on
the involvement of children in armed conflict.

(2) UN General Assembly, United Nations Millennium Declaration, Fifty-

fifth session, 18 September 2000.

(3) Full text available at

http://www.echr.Council of Europe.int/ECHR/EN/Header/Basic+Texts.
(4) Charter of Fundamental Rights of the European Union (OJ C 364 of

18.12.2000), available at
http://europa.eu.int/comm/justice_home/unit/charte/index_en.html.

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The Commission identified children's rights as one of its
2.2
main priorities in its Communication on Strategic Objectives
2005-2009:
‘A particular priority must be effective protection
of the rights of children, both against economic exploitation
and all forms of abuse, with the Union acting as a beacon to the
rest of the world’ (5). In this context, the Group of Commis-
sioners on Fundamental Rights, Non-discrimination and Equal
Opportunities decided in April 2005 to launch a specific initia-
tive to advance the promotion, protection and fulfilment of chil-
dren's rights in the internal and external policies of the EU.

In acknowledgement of the multitude of challenges for
3.4
children and young people in today's society the EESC has regu-
larly contributed over the past decade to youth policy develop-
ment at Community level (6). It has initiated important debates
on key areas, such as youth employment, social
integration,
education, mobility, participation and the role of NGOs.

In March 2006,

2.3
the European Council requested the
Member States ‘to take necessary measures to rapidly and signif-
icantly reduce child poverty, giving all children equal opportu-
nities, regardless of their social background’.

3.5
The EESC welcomes the acknowledgment that it is vital
that children's rights be separate and not simply subsumed into
mainstream human rights. The EESC believes that children, due
to their vulnerability and specific needs, require special safe-
guards and care, including appropriate legal protection.

2.4

This communication gives effect to these decisions.

3. General commentd

3.1
The European Economic and Social Committee welcomes
the Communication from the Commission entitled Towards an
EU Strategy on the Rights of the Child — which focuses on all chil-
dren under 18 years. The Committee supports this significant
initiative by the Commission to lay the foundations for the
development of policy on children's rights. In particular, the
Committee highlights the Commission's proposal to establish a
comprehensive EU strategy to effectively promote and safeguard
the rights of the child in the European Union's internal and
external policies and to support Member States' efforts in this
field.

3.2
The destiny of Europe increasingly depends on its ability
to foster societies that are inclusive and supportive of children.
This Communication is a recognition that to promote and safe-
guard the rights of children is fundamental to the future of the
European Union and that creating child friendly societies within
the EU can not be separated from the need to further deepen
and consolidate European integration. Children should be
valued not only as future adults and workers but there is also a
need to recognise childhood as an important and valuable part
of life in its own right.

3.3
The EESC regrets the deadlock in the EU constitutional
process given that the Constitutional Treaty and the Charter for
Fundamental Rights explicitly recognise the rights of the child.
As a consequence, the existing limited legal bases for children's
rights
for possible
budgetary sources.

in the EU Treaties have implications

(5) Strategic objectives 2005-2009. Europe 2010: A Partnership for Euro-
pean Renewal, Prosperity, Solidarity and Security — COM(2005) 12,
26.1.2005.

The EESC urges that the Strategy acknowledge the impor-
3.6
tant role of the family, and in particular the role of parents, and
Member States' responsibility to assist parents in their child-
rearing responsibilities in many ways, not only financially.

The EESC welcomes the adoption of a definition of chil-
3.7
dren as all those below the age of eighteen years, in line with
the UN Convention on the Rights of the Child (UNCRC). There
will be a need for coherence and coordination between EU poli-
cies that target children between the ages of 15 and 18 year
olds, as this age group also falls within the EU definition of
youth. The Strategy should reiterate relevant targets contained in
the European Youth Pact and the Open Method of Coordination
on youth.

(6) EESC opinion of 28.2.1996 on European Cultural Policy for Children.

Rapporteur: Mr Sklavounos (OJ C 153 of 28.5.1996)
EESC opinion of 2.7.1998 on Exploitation of children and sex tourism.
Rapporteur: Mr Sklavounos (OJ C 284 of 14.9.1998)
EESC opinion of 29.11.2000 on White Paper: Youth Policy. Rappor-
teur: Ms Hassett-van Turnhout (OJ C 116 of 20.4.2001)
EESC opinion of 24.4.2002 on Proposal for a Decision of the European
Parliament and of the Council establishing the European Year of Education
through Sport 2004. Rapporteur: Mr Koryfidis
(OJ C 149 of
21.6.2002)
EESC opinion of 25.4.2002 on European Commission White Paper —
for European Youth. Rapporteur: Mrs Hassett-van
A New Impetus
Turnhout (OJ C 149 of 21.6.2002)
EESC opinion of 24.9.2003 on Proposal for a European Parliament and
of the Council decision establishing a Community action programme to
promote bodies active at European level in the field of youth. Rapporteur:
Mrs Hassett-van Turnhout (OJ C 10 of 14.1.2004)
EESC opinion of 16.12.2004 on Relations between the generations.
Rapporteur: Mr Bloch-Lainé (OJ C 157 of 28.6.2005)
EESC opinion of 10.3.2005 on Proposal for a Decision of the European
Parliament and of the Council creating the Youth in Action programme for
the period 2007-2013. Rapporteur: Mr Rodríguez García-Caro (OJ C
234 of 22.9.2005)
EESC opinion of 11.5.2005 on Proposal for a Regulation of the Euro-
pean Parliament and of the Council on medicinal products for paediatric use
and amending Regulation (EEC) No 1768/92, Directive 2001/83/EC and
Regulation (EC) No 726/2004. Rapporteur: Mr Braghin (OJ C 267 of
27.10.2005)
EESC opinion of 14.12.2006 on Children as indirect victims of
domestic violence (own-initiative opinion). Rapporteur: Ms Heinisch.

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The EESC urges the Commission to elaborate minimum
3.8
standards and include comprehensive objectives with clear
targets and timelines for the implementation of the Communi-
cation.

3.9
Europe needs children's ongoing commitment to help to
build an integrated, competitive, safe and inclusive Europe. If
the European Union is to mean anything to children, it must be
relevant in their lives and show a clear interest in and respond
visibly and creatively to their needs.

3.10
The EESC welcomes the Commission's acknowledgment
of children's need to express their views in dialogues and deci-
sions affecting their lives as outlined in Article 12 of
the
UNCRC. Any policy aimed at children must be characterised by
the fundamental principle of participation with children: a prin-
ciple that is reiterated at European and international level (7).

3.11
The EESC also welcomes the Commission's proposed
activities to directly involve children in the process. The Member
States and institutions must provide the necessary resources,
supports and mechanisms to facilitate the participation of chil-
dren in the development and implementation of the Strategy.
Children should be involved from an early stage in the process
and through a variety of age appropriate methodologies, for
example, art work, facilitated discussions etc. It should be high-
lighted that a key challenge to this work will be the inclusion of
children from disadvantaged and ethnic minority backgrounds
and children with disabilities and ensuring equal opportunities
for all such children.

3.12
A horizontal approach to the development of policy
will ensure a more coordinated and effective strategy. Member
States regularly consult with Employer and Trade Union organi-
sations when developing policies such as employment guide-
lines. Equally success of this initiative will depend on the invol-
vement of all parties concerned, in particular, children, children's
organisations as well as parents, social partners, regional and
local authorities and Member States.

3.13
Consequently, the EESC hopes that this Communication
will lay the basis, both at the European and national level, for a
more effective partnership between decision-makers, local and
regional authorities, non-governmental organisations and chil-
dren themselves. Real and continued involvement of children
and children's organisations in the development and implemen-
tation of policies will ensure that children's actual needs are
addressed and that children feel an ownership of the future
Strategy.

Children are not an homogeneous group. The EESC
3.14
recommends, therefore, that policies made at both the EU and
Member State level should take into account the diversity of
children and address their varying needs, for example, children
may be impacted by their geographical
location, age, gender,
ethnicity, religion, culture, language, disability or family struc-
ture. Special attention will need to be paid to the impact of
poverty, social exclusion, disability, discrimination and racism
and the situation of ethnic minority and refugee children, both
within the EU and in the global context.

The EESC welcomes the statement that ‘the place where
3.15
children are living also influences their situation’. Children may
be disadvantaged due to inequitable access to services available
in the area in which they live, such as access to quality educa-
tion, healthcare, housing and accommodation, social services,
public transport, play and recreation facilities; information and
opportunities to participate in civil society. The EESC suggests
that the Strategy include specific objectives to ensure that chil-
dren in all geographical areas have equal opportunities; this will
entail strengthening activities on tackling child poverty.

The Committee regrets that more attention is not paid
3.16
to the situation of the girl-child, children with disabilities and
migrant, asylum seeker and refugee children, both within the EU
and in the global context.

3.17
In line with the Commission commitment to main-
stream disability expressly confirmed in the 2003 European
Action Plan on Equal Opportunities for people with disabil-
ities (8), disability should be mainstreamed within the Strategy to
ensure the full and equal participation and inclusion of children
with disabilities.

‘while recognising that

The EESC supports the Commission on the Status of
3.18
Women 2007 finding that
some
progress in women's participation in decision-making at all
levels has been achieved, expressed concern at the serious and
persistent obstacles, which are many and varied in nature, that still
hinder the advancement of women and their participation in
decision-making,
lack of
equal access to health, education, training and employment,
armed conflict and lack of security.’ (9)

including feminisation of poverty,

(7) United Nations Convention on the Rights of the Child, 1989; Declara-
tion of the United Nations on the International Year of Youth 1985,
‘Peace, Participation, Development’; European Charter on Participation
of Young People in Municipal and Regional Life of the Congress of
Local and Regional Authorities in Europe, 1992; Recommendation of
the Committee of Ministers of the Council of Europe ‘On youth partici-
pation and the future of Civil Society’, Recommendation No R (97) 3 of
4 February 1997; Resolution of Council and Ministers for Youth
meeting within the Council of 8 February 1999 (OJ 1999/C42/01).

3.19
The EESC is disappointed that no reference is made to
the provision of quality ‘early education and development’ for
children under six, despite childcare and daycare services being a

(8) COM(2003) 650 final, Brussels 30.10.2003.
(9) UN Economic and Social Council, Commission on the Status of
Women 2007: focus on discrimination and violence against the girl
child.

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long-term and priority policy goal of the EU and the EU adop-
tion of quantitative targets. The EESC urges the explicit inclusion
of this area within the proposed Strategy since it has a major
bearing on children's lives and well-being and clearly falls within
the
the
Committee urges the development of complementary qualitative
targets for childcare services, that take account of children's
rights and their best interests and that build on earlier work by
the Council of Ministers and the EC Childcare Network (11).

the Communication (10).

In particular,

remit of

require a comprehensive,

The EESC welcomes the existing work of the European
3.20
Union in relation to reducing child poverty. However, Member
States need to step up to the challenge of eradicating child
poverty and put immediate targets in place. Meeting this chal-
lenge will
sustained and fully-
resourced programme of action that addresses the multi-dimen-
sional nature of child poverty. This should include a focus on
supporting low income workers with children as well as those
outside the employment net. Child poverty has a severe impact
on children across a range of issues such as health, education
and even a child's future ‘life chances’ of ever breaking out of
the poverty trap. Member States need to immediately implement
policies addressing the entire spectrum of these issues.

3.21
Another major challenge is the care of children without
family care or at risk of losing it. Factors leading to such situa-
tions vary between countries but include family breakdown,
poverty, HIV/AIDS,
parenting
problems. The Strategy should contain an objective to establish
clear prevention strategies and family support programmes.

behavioural,

addiction

or

3.22
Other challenges to Member States where it would be
useful to include an objective and encourage learning from best
practice include the areas of youth justice and family law; and
the promotion of healthy eating to improve health and tackle
childhood obesity; and the promotion of family friendly work
policies.

3.23 Where children are placed in residential
institutions
action is needed to protect and promote their rights. The
Strategy should commit to the drafting of European guidelines

(10) The Communication's goal ‘to establish a comprehensive EU strategy
to effectively promote and safeguard the rights of the child in the EU's
internal and external policies’; as well as Article 24 of this Charter of
Fundamental Rights of the European Union, that ‘in all actions relating
to children, whether taken by public authorities or private institutions,
the child's best interests must be a primary consideration’.

(11) The Recommendation on Child Care (92/241/EEC, approved 31
March 1992) adopted by the Council of Ministers in March 1992; and
Quality Targets in services for young Children produced by the EC
Childcare network and published by the European Commission in
1996.

and quality standards on children in care (12),
taking into
account standards, recommendations and protocols proposed
by international organisations such as UNICEF, WHO and the
Council of Europe.

3.24
The EESC welcomes the recently published report of
the independent expert, Paulo Sérgio Pinheiro, for the United
Nations study on violence against children (13). The report ‘urges
states to prohibit all forms of violence against children, in all
settings, including all corporal punishment, harmful traditional
practices — such as early and forced marriages, female genital
mutilation and so-called honour crimes — sexual violence and
inhuman or degrading treatment or
torture and other cruel,
punishment.’ (14) The EESC urges the Commission to consider
the appointment of a Special Representative on Violence against
Children in order to promote and support the implementation
of the recommendations made in the report.

4. Children's rights at an EU level

4.1
The EESC welcomes the acknowledgement that Member
States are bound to respect international treaties, in particular
the United Nations Convention on the Rights of
the Child
(UNCRC) which has been ratified by each of the EU Member
States. In fact on a global level only the USA and Somalia have
not ratified the UNCRC. In this connection, the basic Interna-
tional Labour Organisation (ILO) conventions prohibiting child
labour are also particularly important.

4.2
The EESC is disappointed that the Communication does
not make a stronger statement on the need for Member State to
implement with a sense of urgency their existing European and
international commitments to children's rights,
in particular
under the United Nations Convention on the Rights of the
Child. The EESC believes that much work remains to be done
within the EU at Member State level to ensure compliance, at
legislative and practice level, with existing commitments, for
example under
the European Convention on
Human Rights and the Council of Europe's instruments. This
work should be integrated into the proposed assessment of the
impact of existing EU actions affecting children's rights. In this
field, it would be useful to draw on the opinions prepared every
five years in all EU Member States by governments and NGOs
on application of the UNCRC and the situation of children; a
second analysis could also be undertaken.

the UNCRC,

(12) This could possibly be done in cooperation with the Council of
Europe, whose Parliamentary Assembly and Committee of Ministers
adopted recommendations on children in residential institutions in
2005. See Recommendation No R (2005) 5 of the Committee of Minis-
ters to member states on the rights of children living in residential
institutions.

(13) www.violencestudy.org.
(14) UN Sixty-first session, Promotion and protection of the rights of chil-

dren, A\61\299.

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The EESC welcomes

the Commission's proposal

to
4.3
analyse the scope and causes of the barriers to children's full
enjoyment of their rights.
It will be important to not only
‘assess the effectiveness of its existing action’ but to facilitate an
assessment of the progress of Member States in complying with
the UNCRC, through comparative data analysis, as outlined in
the Impact Assessment.

The EESC recommends that priority be given to the
4.4
development of a set of comparable indicators and the collec-
tion of consistent data at Member State level. There is on-going
work within the Open Method of Coordination to develop an
indicator (or set of indicators) on child well-being, as well as
statistical data on income related poverty, material deprivation
and housing (15). Many different datasets also exist at Member
State level (16). The development of indicators must reflect chil-
dren's experiences and best
this can be achieved
through facilitating children to be involved in defining indica-
tors.

interest,

4.5
The EESC supports the Commission's proposal to main-
stream children's rights when drafting EC legislative and non-
legislative actions that may affect them. It will be important to
identify key areas which have a substantial impact on children,
including those not traditionally associated with children such
as public transport but which, in fact, impact greatly on their
lives.

4.6
The EESC recommends that the Open Method of Coordi-
nation be used as a mechanism for engagement between
Member States and for learning from best practice in relation to
the implementation of the UNCRC.

The EESC supports the Commission's proposal to host a
4.7
European Forum for the Rights of the Child and to set up a
web-based discussion and work platform. The Committee will
be seeking to be an active member of this important Forum.

The EESC welcomes the short-term measures proposed
4.8
in the Communication to tackle some urgent challenges.
In
addition to the measures outlined, the Committee highlights
that there is an urgent need to develop a measure to enable
transnational cooperation by police forces in relation to the
checking of criminal records of staff and volunteers who work
with children. The EESC urges the Strategy to consider the
establishment of an EU register of convicted sex offenders
against children which can be accessed by police forces.

4.9
The EESC welcomes the Commission's proposals to
design a communication strategy on children's rights and to
provide information on children's rights in a child-friendly
manner. The Committee urges that these materials be based on
the UNCRC and that all information campaigns be age appro-
priate, available in multiple languages and accessible to children
with disabilities.

(15) Portfolio of overarching indicators and streamlined social inclusion,

pensions and health portfolios, June 2006.

(16) For example:

‘Opportunity for All: seventh annual Report 2005’,
Department for Work & Pensions, UK includes a wide range of child &
youth indicators.

The EESC welcomes the Commission's proposal to set
4.10
up a Commission Inter-service Group. The Committee will be
seeking representation on this Group. The Committee welcomes
the Commission's proposal to establish a Children's Rights Unit
within the Commission and appoint a Coordinator for the
Rights of the Child. The EESC notes the important role accorded
to the Children's Rights Coordinator in ensuring the success of
the Strategy.

4.11
The EESC urges that the necessary financial and human
resources be provided for these new fora and structures; that
sufficient status and political leverage be given to the Coordi-
nator to ensure that the aims of the office are achieved; and that
political commitment be dedicated to progressing the Commu-
nication and developing the Green Paper and Strategy. The
Committee suggests that
the European Parliament consider
establishing a specific measure to finance the Strategy and its
proposed actions.

The EESC welcomes the Commission's proposal

4.12
to
present a progress report every year. The Committee requests
that it be consulted on the development of this report and that
the report be made public.

5. Children's rights at an international level

5.1
The EESC welcomes the focus on both children within
the EU and children living outside the EU. However, the EESC is
disappointed to note that the sequencing of text appears to give
prominence to the ‘global situation’ rather than the ‘in the EU’
situation and prominence to international dialogue over intra-
state dialogue. The Committee recommends that a balance be
achieved in the Strategy between the global situation and EU
internal and intra-state actions and dialogue.

The European Union and its Member States should
5.2
systematically take into account in bilateral agreements and rela-
tions with non-EU states the recommendations (Concluding
Observations) of the UN Committee on the Rights of the Child.

that

The EESC welcomes

the acknowledgement

5.3
the
almost universal ratification worldwide of the UNCRC provides
a particularly robust basis for engagement between the Euro-
pean Commission and non-EU countries; but regrets that the
Communication did not build on the potential to use the ratifi-
cation by all EU Member States of the UNCRC as a framework
for engagement between Member States; and for learning from
best practice.

5.4
The EESC recommends that EU development aid should
provide for a percentage of its funding to be invested in inter-
ventions that benefit children.

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6. Acknowledgements

7.2

The term ‘handicaps’ should be replaced by ‘impedes’.

6.1
As part of its process the EESC consulted with several
children's networks and organisations and would like to thank
them for their input (17).

7. Specific comments on terminology (18)

The phrase ‘break of adolescence’ should be replaced

7.3
with ‘beginning of adolescence’.

The phrase ‘sexual abuse’ should be replaced by ‘sexual

7.1
exploitation’.

The meaning of the phrase ‘indoor pollution’ needs to be

7.4
clarified.

Brussels, 13 December 2006

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(17) Eurochild, SOS Kinderdorf, World Association of Girl Scouts and Girl
Guides
Jaap Doek,
(WAGGGS), European Information Bureau,
Chairman of the UN Committee on the Rights of the Childand
Thomas Coram Research Unit.

(18) All references from Section I.4.1, COM(2006) 367 final.