Opinion of the Committee of the Regions towards an EU Strategy on the Rights of the Child
Date: 2007-02-13
Institutions: Committee on Constitutional Affairs, European Committee of the Regions
Subjects: EU initiative, EU policy, child protection, children's rights, cooperation policy

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Official Journal of the European Union

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Opinion of the Committee of the Regions towards an EU Strategy on the Rights of the Child

(2007/C 146/08)

THE COMMITTEE OF THE REGIONS

— welcomes the Commission's Communication, and in particular the proposed development of a
Strategy to effectively promote and safeguard the rights of the child in the EU's internal and external
policies and to support Member States' efforts in this field;

— welcomes the establishment of a Children's Rights Unit within the Commission and notes the impor-
tant role accorded to the Children's Rights Co-ordinator in ensuring the success of the Strategy, but
hopes that sufficient resources will be provided for these and that sufficient status and political
leverage will be given to the Co-ordinator to ensure that the aims of the office are achieved; calls for
clarification on the role of the Co-ordinator on how it will complement work at national level;

— regrets that more attention is not paid to the situation of unaccompanied minors, the girl-child, chil-
dren with disabilities and migrant, asylum seeker and refugee children, both within the EU and in the
global context; including the provision of care services and protection to all the above children;

— notes that the Strategy has the potential to lay the basis, at a European and national level, for a more
effective partnership between decision-makers, local and regional authorities and non-governmental
organisations;

— regrets, however, that there is no acknowledgment in the Communication of the unique role of local
and regional authorities in providing services to children and safeguarding their rights and underlines
that these authorities are willing and able to be a partner in the development and implementation of
the Strategy;

— recommends that the necessary financial and human resources and political commitment be dedicated
to progressing the Communication and developing the Green Paper and Strategy and suggests that the
European Parliament consider establishing a specific measure to finance the Strategy and its proposed
actions.

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THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission ‘Towards an EU Strategy on the Rights of the
Child’ COM(2006) 367 final;

Having regard to the decision of the European Commission of 4 July 2006 to consult it on the subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 22 February 2006 to instruct its Commission for Consti-
tutional Affairs, European Governance and the Area of Freedom, Security and Justice to draw up an opinion
on this subject;

Having regard to its draft opinion on the situation of unaccompanied minors in the migration process —
the role and suggestions of regional and local authorities (CdR 136/2006 rev. 2);

Having regard to its opinions on the Hague Programme: Ten priorities for
five years
(CdR 122/1005 fin); on combating human trafficking (CdR 87/2001 fin), on the DAPHNE II programme
to prevent violence against children, young people and women and to protect victims and groups at-risk
(CdR 63/2003), on the protection of minorities and non-discrimination policies (CdR 53/2006 fin); on
demographic change (CdR 152/2005 fin) and on integration and migration (CdR 51/2006 fin);

the next

Having regard to its draft opinion (CdR 236/2006 rev. 1) adopted on 29 November 2006 by the Commis-
sion for Constitutional Affairs, European Governance and the Area of Freedom, Security and Justice
(rapporteur: Ms Maria Corrigan, Member of Dun Laoghaire/Rathdown County Council and Dublin
Regional Authority);

Whereas:

1)

2)

3)

4)

5)

6)

7)

under the UN Convention on the Rights of the Child, children are defined as all those below the age
of eighteen years;

all Member States have ratified the UN Convention on the Rights of the Child, neither the European
Commission nor the European Union is or can be a party to it;

there are limited legal bases for children's rights in the EU Treaties; this has implications for possible
budgetary sources;

the central role of the family, and in particular the role of parents, and Member States' responsibility
to assist parents in their childcare and childrearing responsibilities is acknowledged;

the promotion and safeguarding of the rights of children and the creation of inclusive and child
friendly societies is fundamental to the future of the European Union;

involving children and young people — at an early stage — in the public domain is central to the
development of an inclusive and democratic society;

regional and local authorities are in a unique position to play a role in promoting and protecting the
rights of children given their responsibility for the physical environment, public transport and access
to education, health care, play and recreation, the job market for young people; and also for their role
in monitoring children's living conditions through, for example, social assistance and data collection;

adopted the following opinion unanimously at its 68th plenary session, held on 13 and 14 February
2007 (meeting of 13 February):

1. Views of the Committee of the Regions

The Committee of the Regions

1.3
regrets the deadlock in the EU constitutional process
given that the Constitutional Treaty and the Charter for Funda-
mental Rights explicitly recognise the rights of the child;

1.1 welcomes the Commission's Communication, and in
particular the proposed development of a Strategy to effectively
the child in the EU's
promote and safeguard the rights of
internal and external policies and to support Member States'
efforts in this field;

1.2
recognises that investing in children now is an invest-
ment in our futures and a further deepening and consolidation
of European integration;

1.4 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 Member States; but is disap-
pointed that there is not a stronger emphasis on the need for
Member States to implement with a sense of urgency their
existing European and international commitments to children's
rights;

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the

that

acknowledgement

1.5 welcomes
almost
universal ratification worldwide of the UNCRC provides a parti-
cularly robust basis for engagement between the European
the
Commission and non-EU countries; but regrets that
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;

the

1.6 welcomes the establishment of a Children's Rights Unit
within the Commission and notes the important role accorded
to the Children's Rights Coordinator in ensuring the success of
the Strategy, but hopes that sufficient resources will be provided
for these and that sufficient status and political leverage will be
given to the Coordinator to ensure that the aims of the office
are achieved; calls for clarification on the role of the Coordi-
nator on how it will complement work at national level;

supports the short

1.7
term actions proposed by the
Commission to tackle some urgent challenges, in particular the
creation of a single six digit telephone number for child help-
lines within the EU and one for child hotlines dedicated to
missing or sexually exploited children, and believes that these
lines should be augmented by an agreed protocol for dealing
with inter-state child abductions. Furthermore, believes that the
new child helplines should not duplicate but rather complement
level and that the
existing helplines at national and regional
exchange of best practice in Member States should inform the
establishment of these services;

notes that the Communication did not indicate that the
to minimum standards and include

1.8
Strategy will commit
comprehensive objectives with clear targets and timelines;

1.9
notes that systems are currently not in place that can
produce comprehensive, comparable and consistent data on
indicators across the Member States; recalls that there is on-
going work using 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, and many different datasets also exist at Member
State and regional/local levels;

1.10
points out that children are not an homogeneous
group, their needs vary, for example, depending on the child's
age, ability, gender, ethnicity and family structure;

1.11
regrets that more attention is not paid to the situation
of unaccompanied minors, the girl-child, children with disabil-
ities and migrant, asylum seeker and refugee children, both
within the EU and in the global context; including the provision
of care services and protection to all the above children.

1.12
regrets that no reference is made to the provision of
quality ‘early education’ for children under six. Despite ‘childcare’
services being a long-term and priority policy goal of the EU
and the adoption of EU quantitative targets;

1.13
notes that the Strategy has the potential to lay the
basis, at a European and national level, for a more effective part-
nership between decision-makers, local and regional authorities
and non-governmental organisations;

1.14
regrets, however, that there is no acknowledgment in
the Communication of the unique role of local and regional
authorities in providing services to children and safeguarding
their rights and underlines that these authorities are willing
and able to be a partner in the development and implementa-
tion of the Strategy;

1.15
ples of
respected;

emphasises that in developing the Strategy the princi-
fully

subsidiarity and proportionality should be

1.16 welcomes the statement that ‘the place where children
are living also influences their situation’; children may be disad-
vantaged due to inequitable access to quality education, health-
care, public transport, play and recreation facilities; information
and opportunities to participate in civil society; and would like
to see more attention paid to conditions in city, suburban and
other specific areas identified by the Member States;

1.17
emphasises that many local and regional authorities
directly fund and implement Development Policy in third coun-
tries, supporting infrastructure and key services, twinning with
authorities, sharing experience and transferring skills, and that
the potential exists for a greater focus in this work on children's
rights;

1.18 welcomes the acknowledgment that children have the
right to express their views on matters affecting their lives; and
welcomes the proposed activities to involve children in the
development of the Strategy. The involvement of regional and
local authorities and children's organisations will be important
to the success of this work;

1.19 welcomes the recently published United Nations study
on violence against children (1). 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 torture and
other cruel, inhuman or degrading treatment or punishment’ (2);
suggests that the findings from this study be fully considered
during the development of the Strategy.

(1) This report was produced by an independent expert, Paulo Sérgio

Pinheiro, and is available at:
www.violencestudy.org.

(2) UN Sixty-first session, Promotion and protection of the rights of chil-

dren, A\61\299.

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2. Recommendations of the Committee of the Regions

The Committee of the Regions

and other social services, is fully recognised as well as their role
in planning, policing and maintenance of the physical environ-
ment ensuring that children have access to housing suitable and
appropriate to their needs, as well as adequate play and leisure
facilities and grow-up in a safe physical environment;

2.1
recommends that the necessary financial and human
resources and political commitment be dedicated to progressing
the Communication and developing the Green Paper and
Strategy and suggests that the European Parliament consider
establishing a specific measure to finance the Strategy and its
proposed actions;

that

underlines

and regional
in the development of

authorities be
2.2
local
regarded as essential partners
the
Strategy, and calls to be included as a member of the European
Forum for the Rights of the Child; with representation on the
Inter-services Group; and that it be consulted on the develop-
ment of the Coordinator's report and that this report be made
public;

recommends that

2.3
to a set of
minimum standards and include ambitious actions with clear
targets and objectives, following a thorough analysis;

the Strategy commit

2.4
recommends that a balance be achieved in the Strategy
between its focus on the global situation and the EU internal
and intra-state actions and dialogue;

recommends that priority be given to the development
2.5
of a set of comparable indicators and the collection of consistent
data at Member State and, where possible, regional level;

2.9
calls for an increased emphasis on the need for Member
States to implement with a sense of urgency their existing Euro-
pean and international commitments,
including commitments
at legislative and practice level under the UNCRC, the European
Convention on Human Rights and the Council of Europe's
instruments. This work should be integrated into the assessment
of the impact of existing EU actions affecting children's rights;

2.10
suggests that the analysis not only ‘assess the effective-
ness of its existing action’ but facilitate an assessment of the
progress of Member States'
in complying with the UNCRC,
through comparative data analysis, as outlined in the Impact
Assessment;

suggests that

the analysis also include a review of
2.11
whether all Member States have ratified the Hague Convention
on the Protection of Children and Cooperation in Respect of
Inter-Country Adoption (1993);

2.12
recommends that the Open Method of Coordination
be used as a mechanism for engagement between Member
States and for learning from best practice in relation to the
local and regional
the UNCRC and that
implementation of
authorities should be fully involved in this process;

2.6
calls for the provision of adequate resources, supports
and mechanisms to facilitate the participation of children in the
development of the Strategy, including children from disadvan-
taged and ethnic minority backgrounds and children with
disabilities. Children should be involved at an early stage in the
process and through a variety of age appropriate methodologies,
for example, art work, facilitated discussions, etc. Furthermore,
acknowledges that local and regional authorities could also do
more in facilitating such consultation of children on relevant
policies determined at sub-national level;

2.13
recommends that EU and Member State policies take
into account the diversity of children and their varying needs;
for example, children disadvantaged by geographical
location,
age, gender, ethnicity and disability. 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, and the implications of religious, linguistic
and cultural diversity, both within the EU and in the global
context;

2.7
reiterates its call for full implementation of the Conven-
tion on the Rights of the Child of 20 November 1989; and
underlines the importance of the following rights: freedom of
thought, conscience and religion; protection of private life;
protection from the use of violence, mistreatment and neglect;
the right to health care; the right to education, schooling and
training; and protection of minorities, as stated in its opinion
on integration and migration (CdR 51/2006 fin), as well as the
right to appropriate nutrition and housing;

in this regard, insists that the crucial role of local and
2.8
regional authorities as
the frontline providers of essential
services to children, such as education and housing, childcare

2.14
suggests that the Strategy include specific objectives to
ensure that children in all geographical areas have equal oppor-
tunities; this will entail strengthening activities on tackling child
poverty and educational disadvantage. Regional and local autho-
rities will play a central role in these measures;

that,

recommends

2.15
in addition to the short-term
measures outlined, a measure be developed to enable transna-
tional cooperation by police forces in relation to the checking of
any criminal records of staff and volunteers who work with chil-
dren; urges that the Strategy should consider the establishment
of an EU register of sex offenders against children which can be
accessed by police forces;

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2.16
urges that the Strategy address ways to better develop
family support services to prevent child abuse and filicide (the
killing of a child by a parent). This could focus on supports to
parents, prevention and early identification of child abuse;
supports to victims of abuse and the establishment of a
mechanism to review suspicious deaths of children in order to
examine the effectiveness of state interventions prior to such
cases;

2.17
recommends that the Strategy addresses the negative
influence of television, computers and new technologies on chil-
dren, such as access to adult or inappropriate images on the
internet and also the sedentary nature of these activities with
consequent implications for active lifestyles among children. A
related issue is the negative impact of direct targeting of children
in advertising and marketing. Measures to utilise technology for
educational purposes should be encouraged, such as television
programmes to assist children's linguistic and cultural compe-
tence, this will be particularly important for migrant children.
Creative measures are also needed to promote cultural activities

and make them accessible to children such as reading, music
and theatre;

requests that the training programmes and tools devel-
2.18
oped as part of the Strategy be available to regional and local
administrations to familiarise officials with new policy tools and
best practice;

recommends that

2.19
the communications strategy be
based on the UNCRC, and that all information campaigns be
launched at regional and local level, be age appropriate, available
in multiple languages and accessible to children with disabilities;

2.20
recommends that EU development aid should provide
for a percentage of its funding to be invested in interventions
that benefit children and that the development policy of local
and regional authorities in Third Countries should also enhance
priority to the transfer of skills and policy experience on chil-
dren's rights.

Brussels, 13 February 2007.

The President

of the Committee of the Regions

Michel DELEBARRE