COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS An EU Agenda for the Rights of the Child
Date: 2011-02-15
Institutions: European Commission
Subjects: EU initiative, EU policy, child protection, children's rights, human rights

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EUROPEAN COMMISSION 

Brussels, 15.2.2011 
COM(2011) 60 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

An EU Agenda for the Rights of the Child 

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TABLE OF CONTENTS 

Introduction ................................................................................................................................ 3 

1. 

1.1. 

1.2. 

1.3. 

2. 

2.1. 

2.2. 

2.3. 

3. 

General principles ........................................................................................................ 4 

Making the rights of the child an integral part of the EU's fundamental rights policy 4 

Building the basis for evidence-based policy making.................................................. 5 

Cooperation with stakeholders..................................................................................... 5 

Towards concrete EU action for children .................................................................... 6 

Child-friendly justice ................................................................................................... 6 

Targeting EU action to protect children when they are vulnerable ............................. 8 

Children in the EU's external action .......................................................................... 13 

Child participation and awareness raising.................................................................. 13 

Conclusion................................................................................................................................ 14 

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INTRODUCTION 

The promotion and protection of the rights of the child is one of the objectives of the EU on 
which the Treaty of Lisbon has put further emphasis. Notably, Article 3(3) of the Treaty on 
European Union today explicitly requires the EU to promote the protection of the rights of the 
child. The rights of the child are furthermore enshrined in the Charter of Fundamental Rights 
of  the  European  Union1.  Article  24  of  the  Charter  recognises  that  children  are  independent 
and  autonomous  holders  of  rights.  It  also  makes  the  child's  best  interests  a  primary 
consideration for public authorities and private institutions. 

Promoting  the  rights  of  the  child  is  also  a  result  of  international  commitments.  All  EU 
Member States ratified the United Nations Convention on the Rights of the Child (UNCRC).2 
The standards and principles of the UNCRC must continue to guide EU policies and actions 
that have an impact on the rights of the child. In 2006, the Commission established a basis for 
promoting  and  protecting  the  rights  of  the  child  in  its  internal  and  external  policies  with  its 
Communication  "Towards  an  EU  Strategy  on  the  Rights  of  the  Child"3.  The  Commission 
thereby set up structures4 to strengthen the capacity of EU institutions to address child rights 
issues,  laying  the  foundations  for  evidence-based  policies  and  stepping  up  interaction  with 
stakeholders.  

In  view  of  the  strong  and  reinforced  commitment  to  the  rights  of  the  child  in  the  Treaty  of 
Lisbon and in the Charter of Fundamental Rights, the Commission believes it is now the time 
to move up a gear on the rights of the child and to transform policy objectives into action. The 
Europe 2020 Strategy5 sets out a vision for the 21st century of a Europe where the children of 
today  will  have  a  better  education,  access  to  the  services  and  to  the  resources  they  need  to 
grow up and, one day, lead Europe into the 22nd century. This is why the Commission, with 
this Communication, advocates "An EU Agenda for the Rights of the Child". The purpose is 
to  reaffirm  the  strong  commitment  of  all  EU  institutions  and  of  all  Member  States  to 
promoting, protecting and fulfilling the rights of the child in all relevant EU policies and to 
turn it into concrete results. In the future, EU policies that directly or indirectly affect children 
should be designed, implemented, and monitored taking into account the principle of the best 
interests of the child enshrined in the EU Charter of Fundamental Rights and in the UNCRC. 

This  EU  Agenda  for  the  Rights  of  the  Child  is  based  on  contributions  from  a  wide  public 
consultation6  and  on  the  needs  and  concerns  that  children  from  all  EU  Member  States 

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Charter of Fundamental Rights of the European Union, OJ C 83, 30.3.2010, p. 389–403. 
Available at: http://www2.ohchr.org/english/law/crc.htm. The Optional Protocol of the UNCRC on the 
Involvement of Children in Armed Conflict has been ratified by all EU Member States but Estonia. The 
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography has been ratified 
by all EU Member States except the Czech Republic, Finland, Ireland, Luxembourg and Malta. 
Communication from the Commission: Towards an EU Strategy on the Rights of the Child, 
COM(2006) 367 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2006:0367:FIN:EN:PDF 
European  Forum  on  the  Rights  of  the  Child  and  its  Steering Group;  Commission  Interservice  Group; 
Commission Coordinator for the Rights of the Child. 
Communication from the Commission on Europe 2020 - A Strategy for smart, sustainable and inclusive 
growth, COM (2010) 2020 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:2020:FIN:EN:PDF. 
In addition to the public consultation, available at: 
http://ec.europa.eu/justice/news/consulting_public/news_consulting_0009_en.htm this Communication 
is also based on the results of a targeted consultation with experts from specific policy areas. 

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expressed during a separate, targeted consultation7. It also takes into account the preliminary 
results of an evaluation of the impact of EU instruments affecting the rights of the child. The 
European Parliament8, the Committee of the Regions9, the Economic and Social Committee 
and the Council of Europe10 as well as key stakeholders such as UNICEF, the Ombudspersons 
for children in the Member States, and civil society have contributed to the preparation of this 
Communication  including  through  the  work  of  the  European  Forum  on  the  Rights  of  the 
Child11. 

The EU Agenda for the Rights of the Child presents general principles that should ensure that 
EU  action  is  exemplary  in  ensuring  the  respect  of  the  provisions  of  the  Charter  and  of  the 
UNCRC with regard to the rights of children. In addition, it focuses on a number of concrete 
actions  in  areas  where  the  EU  can  bring  real  added  value,  such  as  child-friendly  justice, 
protecting children in vulnerable situations and fighting violence against children both inside 
the European Union and externally. 

1. 

GENERAL PRINCIPLES 

The  EU's  commitment  to  the  rights  of  the  child  requires  a  coherent  approach  across  all 
relevant  EU  actions.  This  objective  can  be  reached  by  using  the  Treaties,  the  Charter  of 
Fundamental  Rights  of  the  European  Union  and  the  UN  Convention  on  the  Rights  of  the 
Child (UNCRC) as a common basis for all EU action which is relevant to children. The "child 
rights perspective" must be taken into account in all EU measures affecting children. 

1.1.  Making the rights of the child an integral part of the EU's fundamental rights 

policy 

The  Commission's  Strategy  for  the  effective  implementation  of  the  Charter  of  Fundamental 
Rights, adopted on 19 October 201012, requires the Commission to ensure from an early stage, 
by  means  of  a  "fundamental  rights  check",  that  its  legislative  proposals  are  always  in  full 
compliance with the fundamental rights guaranteed by the Charter. In line with this Strategy, 
the Commission is working with the European Parliament and the Council to ensure that also 
amendments  introduced  during  the  legislative  process  are  fully  respecting  the  Charter.  The 
Commission  is  also  working  with  Member  States  that  they  comply  with  the  Charter  when 
implementing EU legislation into national law, as required by Article 51(1) of the Charter. 

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the  Rights  of  the  Child,  October  2010,  available  at: 

Eurobarometer  Qualitative  study  on 
http://ec.europa.eu/public_opinion/archives/quali/ql_right_child_sum_en.pdf  
European Parliament resolution of 16 January 2008 (2007/2093 INI): Towards an EU Strategy on the 
rights of the child, available at: 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-
0012. 
Opinion of the Committee of the Regions on "Local and regional cooperation to protect the rights of the 
child in the European Union", OJ C 267, 1.10.2010, p. 46–51; Opinion of the Committee of the Regions 
towards an EU Strategy on the Rights of the Child, OJ C 146, 30.6.2007, p. 58–62. 
Council of Europe reaction to Consultation document: European Commission's Consultation on the 
Rights of the Child, available at: 
http://www.coe.int/T/TransversalProjects/Children/News/EU%20Consultation%20paper%20final_en.p
df  
The European Forum on the Rights of the Child – created by the Commission under German Presidency 
in 2007 – brings together representatives of Member States, the European Parliament, the Committee of 
the Regions, the European Economic and Social Committee, the Council of Europe, UNICEF, national 
observatories on childhood, Ombudspersons for children, civil society and other stakeholders. 
Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union 
COM(2010) 573 final, 19 October 2010, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0573:FIN:EN:PDF  

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The rights of the child, guaranteed by Article 24 of the Charter, are one of the fundamental 
rights  mentioned  explicitly  in  the  Commission's  Strategy.  It  is  thus  included  in  the  regular 
"fundamental rights check" which the Commission applies to relevant draft EU legislation.  

As announced in the Communication on the Strategy for the effective implementation of the 
Charter,  the  Commission  has  developed  mechanisms  to  monitor  the  conformity  of  draft 
legislative actions with the Charter. In order to reinforce its assessment of the impact of its 
proposals  on  fundamental  rights,  including  on  the  rights  of  the  child,  the  Commission  has 
prepared  operational  guidance  that  will  enable  its  departments  to  examine  the  impact  of  an 
initiative on fundamental rights, including the rights of the child, and to select the option that 
best takes into consideration the best interests of the child. This operational guidance covers 
the questions set out in the "fundamental rights check-list" announced in the Strategy for the 
effective implementation of the Charter. The Commission will also provide practical internal 
training  on  the  rights  of  the  child  and  other  fundamental  rights  to  reinforce  and  further 
promote  a  culture  of  respect  for  fundamental  rights.  The  Commission  will  also  continue  to 
follow  attentively  the  work  of  the  UN  Committee  on  the  Rights  of  the  Child  and  its 
the  explanatory 
interpretation  of 
memorandums  of 
legislative  proposals  will  explain  how  child  rights 
considerations were taken into account in the drafting of proposals. 

the  UNCRC.  Where  relevant, 

the  provisions  of 

the  relevant 

1.2. 

Building the basis for evidence-based policy making  

Experience  with  implementing  the  2006  Communication  has  revealed  a  significant  lack  of 
reliable,  comparable  and  official  data.  This  is  a  serious  obstacle  for  the  development  and 
implementation  of  genuine  evidence-based  policies.  Improving  the  existing  monitoring 
systems, establishing child rights-related policy targets, and monitoring their impact are one 
of the key challenges. Gaps in knowledge about the situation and needs of the most vulnerable 
groups of children should be addressed as a matter of priority. In this context, there is also a 
need for more information on methods to prevent crimes against children. 

The  Commission  will  cooperate  with  the  relevant  organisations  and  institutions  to  produce 
basic data and information to guide decision making. The process will take stock of existing 
work  in  this  area,  including  the  outcome  of  the  study  on  indicators  carried  out  by  the  EU 
Fundamental  Rights  Agency13.  These  indicators  were  developed  on  the  request  of  the 
Commission to measure how the rights of the child are implemented, protected, respected and 
promoted  across  the  EU.  They  are  intended  to  guide  the  Agency's  data  collection  and 
research, allowing it to develop evidence-based opinions and support the EU institutions and 
Member States when they take measures or formulate actions. 

1.3. 

Cooperation with stakeholders  

The Commission will continue to work together and maintain a dialogue with all stakeholders 
through the European Forum for the Rights of the Child, which meets regularly.  

There are a variety of institutional and policy structures designed to protect and promote the 
rights of the child in Member States. While all EU Member States have recognised the need to 
develop policies in relation to the rights of the child, the institutional mechanisms for making 
and  delivering  policy  in  this  area  vary  among  them.  In  full  respect  of  the  principle  of 
subsidiarity  the  Commission  will  continue  to  support  Member  States'  efforts  by  promoting 

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Developing  indicators  for  the  protection,  respect  and  promotion  of  the  rights  of  the  child  in  the 
European Union, available at: 
http://fra.europa.eu/fraWebsite/attachments/RightsofChild_summary-report_en.pdf. 

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exchange  of  best  practice,  cooperation  and  communication  with  and  among  national 
authorities responsible for protecting and promoting the rights of the child. 

2. 

TOWARDS CONCRETE EU ACTION FOR CHILDREN 

2.1. 

Child-friendly justice 

Making  the justice  system  more child-friendly in Europe is a key action item under the EU 
Agenda for the Rights of the Child. It is an area of high practical relevance where the EU has, 
under  the  Treaties,  competences  to  turn  the  rights  of  the  child  into  reality  by  means  of  EU 
legislation.  The  Commission's  Action  Plan  implementing  the  Stockholm  Programme14  has 
therefore highlighted this aspect for the period 2010-2015. 

Children  may  become  involved  with  the  justice  systems  in  a  number  of  ways,  for  example 
when their parents divorce or disagree over custody, when they commit offences, when they 
witness  crimes  or  are  their  victims,  or  when  they  seek  asylum.  When  children  are  involved 
with justice systems that are not child-friendly, they can be subject to manifold restrictions or 
violations of their rights. 

Children  can  face  obstacles  with  regard  to  legal  representation  or  being  heard  by  judges. 
Likewise, the information which is necessary for children and their representatives to exercise 
their rights or defend their interests in judicial proceedings can be inadequate. Children can be 
treated as adults without always being afforded specific safeguards in accordance with their 
needs and vulnerability, and may have difficulties coping with this situation. Effective access 
to justice and participation in administrative and court proceedings are basic requirements to 
ensure a high level of protection of children’s legal interests. 

Family law disputes may have adverse effects on the well-being of children. Children who 
are  separated  from  one  or  both  parents  must  be  allowed  to  maintain  personal  relations  and 
direct contacts with both of them on a regular basis, except where it is contrary to their best 
interests.15 Civil proceedings, especially transnational litigation, deriving from dissolution of 
marriage  or  legal  separation  may  result  in  a  restriction  of  this  right.  Particularly  during 
proceedings to determine parental responsibility, children can become hostage to long cross-
border  legal  disputes  between  the  former  partners.  EU  legislation16  already  facilitates  the 
recognition and enforcement of decisions on parental responsibility. The adequate provision 
of information to children and parents about their rights under EU law and national law is a 
prerequisite to enable them to defend their rights in family law litigation. Information should 
be easily accessible and provide clear guidance on the relevant procedures. The Commission, 
in  cooperation  with  Member  States,  will  develop  and  keep  updated  factsheets  on  EU  and 
national  legislation  on  maintenance  obligations,  mediation  and  recognition  and  enforcement 
of decisions on parental responsibility. As regards parental child abduction, the Commission 
will pay particular attention to the information provided by the European Parliament Mediator 
for International Parental Child Abductions.  

The registration and recognition of documents related to civil status are important for the 
determination  of  a  child’s  rights.  When  children  and  their  parents  move  within  the  EU  and 

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16 

Communication  from  the  Commission  on  Delivering  an  area  of  freedom,  security  and  justice  for 
Europe's  citizens:  Action  Plan  Implementing  the  Stockholm  Programme,  COM  (2010)  171  final, 
available at: http://ec.europa.eu/justice/news/intro/doc/com_2010_171_en.pdf.  
Article 24(3) Charter of Fundamental Rights of the European Union. 
Council  Regulation  (EC)  No  2201/2003  of  27  November  2003  concerning  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  matrimonial  matters  and  the  matters  of  parental 
responsibility, repealing Regulation (EC) No 1347/2000, OJ L 338, 23.12.2003, p. 1–29. 

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need to use such documents in another Member State they often encounter costly and lengthy 
requirements  for  their  recognition  (involving  translations  and  proof  of  authenticity),  which 
may  make  access  to  justice  difficult.  This  is  why  the  Commission  has  launched  a  public 
consultation on ways to facilitate the mutual recognition across the EU of the effects of civil 
status documents with a view to proposing EU measures in 201317. 

The  right  to  a  fair  trial  for  children  who  are  subject  to  criminal  proceedings  implies  the 
protection of privacy, the right to be informed about the charges and the proceedings in a way 
which  is  adapted  to  the  child’s  age  and  maturity,  legal  assistance  and  legal  representation. 
This is especially important when the language of the proceedings is not the mother tongue of 
the child. In 2010, the EU adopted rules on interpretation and translation that ensure that 
all persons, including children, receive information about their rights in the proceedings in a 
manner  that  they  can  understand18.  The  Commission  will  pursue  its  agenda  aiming  at 
strengthening the procedural rights of suspected or accused persons in criminal proceedings, 
including children.  In  2011  the Commission will  put forward a proposal containing rules to 
ensure access to a lawyer, and a proposal concerning the right for detainees to communicate 
with family members, trusted persons, employers and consular authorities. Special attention is 
due with regard to suspected or accused persons who cannot understand or follow the content 
or  the  meaning  of  the  proceedings,  owing,  for  example,  to  their  age,  mental  or  physical 
condition. In 2012 the Commission will table a legislative proposal on special safeguards for 
suspected or accused persons who are vulnerable. This measure will be of key importance 
to ensure child-friendly justice.  

Children sentenced to custody and placed in criminal detention structures are particularly 
at  risk  of  violence  and  maltreatment19.  At  international  level  there  are  several  guiding 
principles  on  how  to  deal  with  children  who  are  deprived  of  their  liberty20.  Detention  of 
children should be a measure of last resort and for the shortest appropriate period of time21. 

Children  often  participate  as  vulnerable  witnesses  or  victims  in  criminal  judicial 
proceedings. They may be exploited in criminal activities, such as trafficking of illicit drugs. 
Legal  and  practical  arrangements  should  be  put  in  place  to  avoid  unnecessary  multiple 
interrogations,  and  to  reduce  the  negative  experience  of  being  involved  in  criminal 
proceedings. Child victims should be given the opportunity to play an active part in criminal 
proceedings  so  as  to  have  their  testimony  taken  into  account.  The  use  of  Information  and 
Communication Technology (ICT) tools, and especially video-conferencing, can allow child 
victims to take an active part in the proceedings while not being put in direct contact with the 
accused persons. Child victims should receive adequate support leading to their recovery and 
compensation for the harm inflicted on them. 

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Commission's  Green  Paper  on  Less  Bureaucracy  for  Citizens:  Promoting  free  movement  of  public 
documents  and  recognition  of  the  effects  of  civil  status  records,  COM  (2010)  747  final,  available  at: 
http://ec.europa.eu/justice/policies/civil/docs/com_2010_747_en.pdf  
Directive 2010/64/EU of the European Parliament and the Council of 20 October 2010 on the right to 
interpretation and translation in criminal proceedings, OJ L 280, 26.10.2010, p. 1–7. 
Pinheiro, P. ‘World Report on Violence Against Children’, United Nations, Geneva, 2006, p. 195–199. 
Available at: http://www.unviolencestudy.org/. 
See for example United Nations Rules for the Protection of Juveniles Deprived of their Liberty, General 
1990, 
Assembly 
at: 
14 
http://www2.ohchr.org:80/english/law/res45_113.htm;  Council 
Europe  Recommendation 
Rec(2006)2 of the Committee of Ministers to member states on the European Prison Rules, 11 January 
2006, available at: https://wcd.coe.int/ViewDoc.jsp?id=955747. 
Art. 37 of the United Nations Convention on the Rights of the Child. 

Resolution 

December 

available 

45/113 

of 

of 

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Actions: 

In  the  context  of  its  civil  and  criminal  justice  policies,  and  in  line  with  its  Strategy  on  the 
effective  implementation  of  the  Charter  of  Fundamental  Rights,  the  Commission  will 
contribute to making the justice systems in the EU more child-friendly, notably by:  

1. 

2. 

3. 

4. 

5. 

adopting,  in  2011,  a  proposal  for  a  Directive  on  victims’  rights  raising  the  level  of 
protection of vulnerable victims, including children; 

tabling,  in  2012,  a  proposal  for  a  Directive  on  special  safeguards  for  suspected  or 
accused persons who are vulnerable, including children;  

revising, by 2013, the EU legislation facilitating the recognition and enforcement of 
decisions  on  parental  responsibility  with  a  view  to  ensuring,  in  the  interest  of  the 
child,  that  decisions  can  be  recognised  and  enforced  as  quickly  as  possible, 
including, where appropriate, the establishment of common minimum standards; 

promoting  the  use  of  the  Council  of  Europe  Guidelines  of  17  November  2010  on 
child-friendly justice22 and taking them into account in future legal instruments in the 
field of civil and criminal justice; 

supporting  and  encouraging  the  development  of  training  activities  for  judges  and 
other professionals at European level regarding the optimal participation of children 
in judicial systems. 

2.2. 

Targeting EU action to protect children when they are vulnerable 

Some categories of children are particularly vulnerable and face greater risks to their lives and 
well-being due to social, political and economic factors. For example, children growing up in 
poverty and social exclusion23, often accompanied with drug abuse, are less likely to do well 
in  school  and  enjoy  good  physical  and  mental  health24.  They  are  also  more  likely  to  find 
themselves in conflict with the justice system. The needs of children at risk of poverty and 
social exclusion will be addressed in a Commission Recommendation on child poverty, which 
will outline common principles and propose effective monitoring tools to prevent and combat 
child poverty within the framework of the Platform against Poverty and Social Exclusion.  

Disabled children are also  more vulnerable  to  the violation of  their rights  and  they require 
and deserve special protection25.  

The well-being of children can only be achieved in a society which is free of violence, abuse 
and  exploitation  of  children.  In  March  2010,  the  Commission  adopted  two  proposals  for 
Directives  aiming  at  reinforcing  the  framework  for  protection  of  some  of  most  vulnerable 
children,  those  who  are  victims  of  sexual  exploitation  and  trafficking.  In  the  area  of 

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Guidelines of the Council of Europe on Child Friendly Justice - Adopted by the Committee of Ministers 
on 17 November 2010, available at: https://wcd.coe.int/wcd/ViewDoc.jsp?id=1705197&Site=CM  
See the report by the Commission's DG Employment, Social Affairs and Equal Opportunities on Child 
poverty  and  well-being  in  the  EU:  Current  status  and  way  forward,  28  February  2008,  available  at: 
http://ec.europa.eu/social/main.jsp?catId=751&langId=en&pubId=74&type=2&furtherPubs=yes  
Commission Communication on Solidarity in Health: Reducing health inequalities in the EU, COM 
(2009) 567 final, available at: 
 http://ec.europa.eu/health/ph_determinants/socio_economics/documents/com2009_en.pdf. 
Commission Communication on a European Disability Strategy 2010-2020: A Renewed Commitment 
to 
at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF  

Barrier-Free 

available 

Europe, 

(2010) 

COM 

final, 

636 

a 

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trafficking it is important that specific needs of children are fully taken into account in further 
development  of  trafficking  policy  notably  within  the  integrated  strategy  on  countering 
trafficking in human beings which will be adopted in 2012. 

As  regards  detention  for  administrative  purposes  of  children  seeking  asylum,  the 
Commission has worked to take forward its 2008 and 2009 proposals amending EU asylum 
law.  These  proposals  prohibit  the  detention  of  children  unless  it  is  in  their  best  interest  and 
only  after  all  possible  alternatives  have  been  exhaustively  assessed.  A  number  of  necessary 
safeguards  and  procedural  guarantees  are  also  introduced  concerning  access  to  a  judicial 
review and legal representation.  Finally, the proposals provide for a clear prohibition of the 
detention of unaccompanied asylum seeking children. 
The  Commission's  2010  Action  Plan  on  Unaccompanied  Minors26  puts  forward  a  common 
EU approach towards unaccompanied or separated children coming from outside the EU. 
The  Action  Plan  identifies  child-specific  reception  measures  and  procedural  guarantees  that 
should  apply  from  the  moment  the  child  is  found  until  a  durable  solution  is  found.  It  also 
stresses the importance of appropriate representation of the child, proposes actions to address 
the shortcomings in the care provided to unaccompanied asylum-seeking children in the EU27 
and  to  avoid  the  disappearance  of  unaccompanied  children  who  are  in  the  care  of  public 
authorities. 

Experienced  and  well  trained  professionals  can  prevent  problems  and  help  children  deal 
with the trauma they experience. Professionals working with and for children should receive 
adequate training on the rights and needs of children of different age groups, as well as on the 
type of proceedings that are adapted to them. They should also be trained in communicating 
with children of all ages and stages of development, as well as with children in situations of 
particular vulnerability. 

In  2009,  more  than  6  million  young  people  left  education  and  training,  completing  lower 
secondary  education  or  less;  17.4%  of  them  completed  only  primary  education.  This  is  the 
reason why one of the headline targets agreed by the European Council in the framework of 
the  Europe  2020  Strategy  is  to  reduce  the  share  of  early  school  leavers  to  less  than  10%. 
Giving  all  children  access  to  early  childhood  education  and  care  is  the  foundation  for 
successful lifelong learning, social integration, personal development and later employability. 
The Commission has already identified specific policy actions and recommendations to tackle 
early school leaving28. It will also promote initiatives in collaboration with Member States to 
encourage quality early childhood education and care, fight against segregation in educational 
systems, and disseminate good practices. 

The situation of Roma children in the EU is particularly worrying, due to a range of factors 
that may make them especially vulnerable and exposed29 to poor health, poor housing, poor 

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28 

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213 

final, 

COM(2010) 

Communication from the Commission to the European Parliament and the Council on an Action Plan 
at:  
(2010–2014), 
on  Unaccompanied  Minors 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0213:FIN:EN:PDF.  
Report by the EU Agency for Fundamental Rights, Separated, asylum-seeking children in EU Member 
States, April 2010. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions on Tackling early school leaving: A 
key 
at 
the  Europe 
http://ec.europa.eu/education/school-education/doc/earlycom_en.pdf 
Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Committee of the Regions on Non-discrimination and equal 
opportunities: A renewed commitment, COM (2008) 420 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0420:FIN:EN:PDF. 

2020  Agenda,  COM(2011)18 

contribution 

available 

available 

final, 

to 

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nutrition, exclusion, discrimination and violence30. Social exclusion of Roma children is often 
linked to lack of birth registration, low participation in early childhood and higher education, 
high school drop-out rates, trafficking and labour exploitation. Segregation is a crucial barrier 
preventing access to quality education for Roma children.  

Children  may  go  missing  regardless  of  their  age,  gender  or  social  status.  There  is  little 
knowledge about the reasons why children run away from home or from institutions in which 
they  live,  but  we  do  know  that  the  risks  are  enormous:  risks  to  their  safety,  mental  and 
physical health, well-being and life. Missing children can suffer violence and abuse; they can 
be trafficked or exposed to begging and prostitution. 

The  Commission  has  identified  a  number  of  tools  that  can  be  of  help  in  case  a  child  is 
missing.  For  several  years  now,  some  Member  States31  have  been  introducing  public  alert 
systems  in  cases  of  child  abduction  or  disappearances  of  children  in  circumstances  which 
could  pose  a  serious  risk  to  the  safety  and  well-being  of  the  children  concerned.  The 
Commission  will  continue  to  promote  cross-border  cooperation  between  Member  States  in 
cases of criminal abductions of children through child alert mechanisms. In order to enhance 
cooperation  in  this  field,  the  Member  States  agreed,  in  June  2009,  on  better  use  of  the 
Schengen  Information  System,  and  the  related  SIRENE  Bureaux based in  each  Member 
State, in the search for the missing children. The Commission will contribute to this process 
by  adopting,  by  May  2011, a  new  version  of the  SIRENE  Manual,  within  a  Commission 
Decision. This will contain the set of rules and procedures for such cases. 

The  116  000  hotline  for  missing  children  offers  help,  support  and  a  potential  lifeline  for 
missing children and their parents. Because of the poor rate of implementation of the hotline 
at  EU  level,  in  2010  the  Commission  adopted  a  Communication32  with  the  objective  to 
encourage the Member States to implement the missing children hotline as a matter of priority 
and  to  ensure  that  the  same  high  quality  of  service  is  offered  throughout  the  Union.  The 
Commission  will  continue  to  closely  monitor  the  implementation  of  the  hotline  for  missing 
children in all Member States. If no further progress is made within a reasonable timeframe, 
the Commission will consider presenting a legislative proposal to make sure that the 116 000 
hotline is fully operational in all Member States. 

Children  can  also  be  especially  vulnerable  in  relation  to  modern  technology.  Online 
technologies bring unique opportunities to children and young people by providing access to 
knowledge  and  allowing  them  to  benefit  from  digital  learning  and  participate  in  the  public 
debate.  Children  are  particularly  vulnerable  when  they  are  confronted  with  harmful  content 
and conduct, such as cyber-bullying and grooming, in audiovisual media and on the Internet. 
Children across Europe testify that physical and emotional bullying in schools is part of their 
everyday  lives33.  Cyber-bullying  has  been  identified  as  a  modern  manifestation  of  bullying 
that  calls  for  urgent  responses  and  the  involvement  of  all  relevant  actors,  such  as  social 
networking sites, internet providers and the police. The Commission aims at achieving a high 

30 

31 

32 

33 

Breaking  the  barriers:  Romani  women  and  access  to  public  health  care.  Report  by  the  former  EU 
European Monitoring Centre on Racism and Xenophobia (now EU Fundamental Rights Agency), 2003. 
To  date,  a  child  alert  system  is  in  place  in  eight  Member  States:  the  Netherlands,  Portugal,  France, 
Luxembourg, Belgium, Greece, Germany and the United Kingdom. 
Commission  Communication  "Dial  116000:  the  European  hotline  for  missing  children"  COM(2010) 
674, available at: http://ec.europa.eu/justice/policies/children/docs/com_2010_674_en.pdf.  
Eurobarometer  Qualitative  study  on 
http://ec.europa.eu/public_opinion/archives/quali/ql_right_child_sum_en.pdf  

the  Rights  of  the  Child,  October  2010,  available  at: 

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level of protection of children in the digital space, including of their personal data34, while 
fully  upholding  their  right  to  access  internet  for  the  benefit  of  their  social  and  cultural 
development.  Through  the  Safer  Internet  programme35,  the  Commission  coordinates  and 
supports  efforts  to  empower  and  protect  children  online.  Various  sectors  of  the  Information 
and Communication Technologies industry have been engaged in self-regulatory initiatives in 
particular to increase the protection of children using mobile phone36 and social networking 
services37and through the Pan European Game Information rating system of video and online 
games38.  The  Commission  will  now  expand  its  call  for  action  to  manufacturers  of  mobile 
devices  and  game  consoles,  internet  service  providers,  mobile  applications  and  content 
providers, consumer organisations, researchers and child welfare organisations. 

The Commission is closely monitoring the transposition of the Audiovisual Media Services 
Directive39  by  the  Member  States  into  their  national  law,  for  which  the  deadline  was  19 
December  2009.  The  Directive  extends  the  standards  for  protection  of  children  from 
traditional  TV  programmes  to  the  fast  growing  on-demand  audiovisual  media  services, 
particularly on the Internet. 

Actions: 

The  Commission  will  contribute  to  empowering  and  protecting  children  when  they  are 
vulnerable, notably by: 

6. 

7. 

8. 

9. 

34 

35 

36 
37 
38 
39 

supporting  the  exchange  of  best  practices  and  the  improvement  of  training  for 
guardians,  public  authorities  and  other  actors  who  are  in  close  contact  with 
unaccompanied children (2011-2014); 

paying  particular  attention  to  children  in  the  context  of  the  EU  Framework  for 
National Roma Integration Strategies, which will be adopted in spring 2011 and will 
notably  promote  the  more  efficient  use  of  structural  funds  for  the  integration  of 
Roma;  

strongly encouraging and providing support to all Member States to ensure the swift 
introduction and full functioning of the 116 000 hotline for missing children and the 
child alert mechanisms (2011-2012). 

supporting  Member  States  and  other  stakeholders  in  strengthening  prevention, 
empowerment and participation of children to make the most of online technologies 
and counter cyber-bullying behaviour, exposure to harmful content, and other online 
risks namely through the Safer Internet programme and cooperation with the industry 
through self-regulatory initiatives (2009-2014). 

See the Commission Communication on a comprehensive approach on personal data protection in the 
European Union, COM(2010)609 final, point 2.1.2., available at:  
http://ec.europa.eu/justice/news/consulting_public/0006/com_2010_609_en.pdf  
Decision  No  1351/2008/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008 
establishing a multiannual Community programme on protecting children using the Internet and other 
communication technologies, OJ L 348, 24.12.2008, p. 118–127. 
http://ec.europa.eu/information_society/activities/sip/docs/mobile_2005/europeanframework.pdf. 
http://ec.europa.eu/information_society/activities/social_networking/docs/sn_principles.pdf. 
http://www.pegi.info/  
Directive  2010/13/EU  of  the  European  Parliament  and  of  the  Council  of  10  March  2010  on  the 
coordination  of  certain  provisions  laid  down  by  law,  regulation  or  administrative  action  in  Member 
States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), 
OJ L 95, 15.4.2010, p. 1–24. 

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2.3. 

Children in the EU's external action 

The EU is determined to give priority to the promotion and protection of the rights of the 
child also in its external action40, including in judicial cooperation in civil matters in areas 
of  EU  competence.  In  this  respect,  it  is  crucial  for  the  EU  to  have  a  strong  single  voice  in 
external matters when the rights of the child are concerned in relations with third countries to 
ensure swift and effective action where necessary. The EU’s external policy on the rights of 
the  child  will  be  conducted  in  line  with  the  2008  Communication  “A  Special  Place  for 
Children in EU External Action” and the accompanying Action Plan. 

The  EU  is  strongly  committed  to  eliminating  all  forms  of  violence  against  children. 
Approximately 200 million children worldwide witness domestic violence annually, over 200 
million children worldwide are subject to sexual violence, over 50 000 children die as a result 
of  homicide  every  year,  and  up  to  2  million  children  are  treated  in  hospitals  for  violence-
related injuries. The EU will continue the implementation of the EU Guidelines on the Rights 
of the Child, which currently focus on combating all forms of violence against children. By 
the end of 2011, the EU will evaluate the implementation of the Guidelines since 2007. The 
"Investing in People" thematic programme envisages funding for projects aimed at combating 
violence against children in the years 2011-2013. 

More  than  200  million  children  worldwide  are  still  in  child  labour  and  a  staggering  115 
million at least, are subject to its worst forms. The EU will continue its efforts to combat child 
labour, in line with the 2010 Commission Staff Working Document and Council conclusions 
on Child Labour. The EU will prepare by the end of 2011 a report on the worst forms of child 
labour  and  trade,  taking  into  account  international  experience  and  the  views  of  competent 
international organisations. In 2011, the EU will select projects targeting child labour in third 
countries under the "Investing in People" thematic programme.  
Children in armed conflicts41 are particularly vulnerable, even more so when they have lost 
or  have  been  separated  from  their  parents  or  care-givers.  Children  are  exposed  to  risks  of 
recruitment  by  armed  groups,  sexual  abuse  and  exploitation  or 
trafficking.  They 
disproportionately suffer from malnourishment and illness as they are deprived from access to 
basic  social  services,  health  care  and  education.  At  any  given  time,  an  estimated  300  000 
children are associated with armed forces and groups, among which 40% girls. The EU will 
continue its work on safeguarding rights of children in and affected by armed conflicts based 
on the concrete actions envisaged in the 2010 Implementation Strategy of the EU Guidelines 
on Children in Armed Conflicts. 

Child sex tourism must be eradicated. This phenomenon is part of an organised sex industry 
that  includes  prostitution,  human  trafficking,  the  production  and  distribution  of  child 
pornography and the exploitation of children by travelling sex offenders. Since few travelling 
sex  offenders  face  legal  consequences  in  their  respective  home  countries  in  the  EU,  action 

40 

41 

The 2006 Communication Towards an EU Strategy on the Rights of the Child led to the development of 
a comprehensive policy framework in the external EU action, including the Communication "A Special 
Place for Children in EU External Action" and its accompanying Staff Working Paper on "Children in 
Emergency and Crisis Situations" (2008), the EU Guidelines on the Rights of the Child (2007), the EU 
Guidelines  on  Children  and  Armed  Conflicts  (2003,  updated  2008),  the  Council  Conclusions  on 
Children  in  Development  and  Humanitarian  Settings  (2008)  and  the  Council  Conclusions  on  Child 
Labour (2010). 
In  the  past  decade  alone,  armed  conflicts  are  estimated  to  have  claimed  the  lives  of  over  2  million 
children and physically maimed 6 million more while some 20 million children are displaced or refugee 
and one million have become orphans due to conflicts. 

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should be undertaken to increase the number of investigations and prosecutions within the EU 
for offences committed outside the EU. 

The  EU  will  continue  to  pursue  a  political  dialogue  with  third  countries  and  international 
organisations, in order to maintain or improve the respect and promotion of the rights of the 
child. As part of its enlargement policy, the EU will continue to promote the reform of child 
protection  and  will  closely  monitor  progress  on  the  rights  of  the  child  throughout  the 
accession  process  in  the  candidate  countries  and  potential  candidates,  especially  as  regards 
children  of  ethnic  minorities  and  marginalised  groups,  such  as  Roma,  which  have  been 
identified as particularly vulnerable.  

Bilateral  co-operation  with  third  countries  will  be  structured  around  measures  such  as 
scaling  up  development  programmes  focused  on  the  rights  of  the  child  to,  for  instance, 
the  development  of 
support  stronger  national  structures  and 
independent child rights institutions, promote legislative reforms in conformity with relevant 
international standards and promote the rights of the child through trade instruments and in 
international negotiations. 

institutions, 

including 

In  multilateral  cooperation  the  EU  will  continue  its  support  for  international  initiatives, 
including  tabling  resolutions  at  the  UN  General  Assembly  and  the  UN  Human  Rights 
Council. It will also intensify coordination with international stakeholders. 

In humanitarian aid, the EU will continue and increase the support to projects and activities 
that directly target the specific needs of children in emergencies along the lines set in the 2008 
Staff Working Paper on "Children in Situations of Emergency and Crisis".42 

Action: 

10. 

The  EU  will  continue  the  implementation  of  the  2007  EU  Guidelines  on  the 
Protection  and  Promotion  of  the  Rights  of  the  Child43  that  focus  on  combating  all 
forms of violence against children. The EU will also evaluate the implementation of 
the Guidelines. The EU will implement the EU Guidelines on Children and Armed 
Conflicts44 based on the 2010 Revised Implementation Strategy. 

CHILD PARTICIPATION AND AWARENESS RAISING 

3. 
The results of two Eurobarometer surveys of 2008 and 2009 showed that 76 % of children45 
interviewed were not aware of having rights and 79 % did not know who to contact in case of 
need.  When  asked  what  action  the  EU  should  take  to  promote  and  protect  the  rights  of  the 
child, 88 % of respondents indicated that the EU should provide more information to children 
about their rights in an accessible way.  

Full  recognition  of  the  rights  of  the  child  means  that  children  must  be  given  a  chance  to 
voice their opinions and participate in the making of decisions that affect them. Article 24(1) 
of the Charter requires the EU to take children's views into considerations on matters which 
concern them in accordance with their age and maturity.  

42 

43 
44 
45 

Commission Communication on a Special Place for Children in EU External Action, COM (2008) 55 
final, available at: 
 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0055:FIN:EN:PDF  
Available at: http://www.consilium.europa.eu/uedocs/cmsUpload/16031.07.pdf  
Available at: http://www.consilium.europa.eu/uedocs/cmsUpload/10019.en08.pdf  
Available at: http://ec.europa.eu/public_opinion/flash/fl_235_en.pdf and 
http://ec.europa.eu/public_opinion/flash/fl_273_en.pdf. 

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Steps taken by the Commission so far to consult children and listen to them46 are a starting 
point  in  providing  possibilities  for  greater  participation  of  children  in  the  development  and 
implementation of actions and policies that affect them, such as for example education, health 
or  environment  policies.  To  this  end,  the  Commission  will  draw  on  the  expertise  of  the 
European  Forum on the Rights of the Child and will continue to work with this Forum and 
with Ombudspersons for children and other relevant partners in this area. 

To  ensure  better  and  more  effective  information  of  children  about  their  rights  and  about 
relevant  EU  policies  will  require  consolidation  and  modernisation  of  existing  information 
tools. At present the information targeting children on the EU's web portal EUROPA can be 
found  via  Quick  links  for  kids47  and  the  Teachers'  Corner48.  These  links  give  access  to 
material provided by all EU institutions which is relevant for children. Many of the material 
accessible  from  these  web  pages  are  also  hosted  on  individual  Commission  Directorate 
Generals' or the websites of other EU institutions. However, comprehensive, consolidated and 
easily accessibly information on the rights of the child and EU policies relevant for children is 
currently missing.  

Action: 

11. 

The Commission will set up, in the course of 2011, a single entry point on EUROPA 
with  information  for  children  on  the  EU  and  on  the  rights  of  the  child.  This  single 
entry  point  will  provide  easy  access  to  information  that  can  be  understood  by 
children  of  different  age  groups  and  can  be  used  by  parents  and  teachers  to  find 
information and teaching materials. The Commission will invite other EU institutions 
to join this initiative. 

CONCLUSION 

With this EU Agenda for the Rights of the Child, the Commission calls on the EU institutions 
and  on  the  Member  States  to  renew  their  commitment  to  step  up  efforts  in  protecting  and 
promoting the rights of children. The action of the EU should be exemplary in ensuring the 
respect of the provisions of the Treaties, the Charter of Fundamental Rights of the European 
Union and of the UNCRC with regard to the rights of children. The Commission will review 
regularly progress made in the implementation of the EU Agenda for the Rights of the Child 
in its Annual Report on the application of the Charter. 

As underlined in the Europe 2020 Strategy, the long-term effects of not investing enough in 
policies  affecting  children  may  have  a  profound  impact  on  our  societies.  Many  of  these 
policies  require  determined  action  by  the  Member  States,  and  the  Commission  is  ready  to 
offer  its  support  and  cooperation.  The  Commission  will  continue  to  play  its  part  in  joint 
efforts to achieve well-being and safety of all children. A renewed commitment of all actors is 
necessary to bring to life the vision of a world where children can be children and can safely 
live, play, learn, develop their full potential, and make the most of all existing opportunities. 

46 

47 
48 

Eurobarometer  Qualitative  study  on 
http://ec.europa.eu/public_opinion/archives/quali/ql_right_child_sum_en.pdf 
http://europa.eu/quick-links/eu-kids/index_en.htm 
http://europa.eu/teachers-corner/index_en.htm 

the  Rights  of  the  Child,  October  2010,  available  at: 

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