EU framework of law for children’s rights.
Date: 2015-12-07
Institutions: Directorate-General for Internal Policies of the Union
Subjects: child protection, children's rights, equality before the law, family law, fundamental rights, young person

 
DIRECTORATE GENERAL FOR INTERNAL POLICIES 

POLICY DEPARTMENT C: CITIZENS' RIGHTS AND 
CONSTITUTIONAL AFFAIRS 

CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS 

EU Framework of Law for  
Children’s Rights 

NOTE 

Abstract 

The  briefing  paper  presents  an  overview  of  international  and  regional 
instruments  for  the  rights  of  the  child  and  of  the  European  legal 
framework before and after the Lisbon Treaty. It provides an assessment 
forward  key 
of 
recommendations to consolidate the EU legal framework in this field. 

rights  and  puts 

for  children’s 

impact 

their 

PE462.445 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
This document was requested by the European Parliament's Committee on Civil Liberties, 
Justice and Home Affairs. 

AUTHORS 
Ms Emanuela Canetta 
Ms Nathalie Meurens 
Mr Paul McDonough 
Ms Roberta Ruggiero 

RESPONSIBLE ADMINISTRATOR 
Ms Erika Schulze 
Policy Department C - Citizens' Rights and Constitutional Affairs 
European Parliament 
B-1047 Brussels 
E-mail: poldep-citizens@europarl.europa.eu 

LINGUISTIC VERSIONS 
Original: EN 

ABOUT THE EDITOR 
To contact the Policy Department or to subscribe to its newsletter please write to: 
poldep-citizens@europarl.europa.eu 

Manuscript completed in April 2012. 
Brussels, © European Parliament, 2012. 

This document is available on the Internet at:  
http://www.europarl.europa.eu/studies 

DISCLAIMER 
The  opinions  expressed  in  this  document  are  the  sole  responsibility  of  the  author  and  do 
not necessarily represent the official position of the European Parliament. 

Reproduction  and  translation  for  non-commercial  purposes  are  authorized,  provided  the 
source is acknowledged and the publisher is given prior notice and sent a copy. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EU Framework of Law for Children’s Rights 

CONTENT 

LIST OF ABBREVIATIONS 

1.  EXECUTIVE SUMMARY 

2.  INTRODUCTION 

3.  THE RIGHTS OF THE CHILD AT INTERNATIONAL LEVEL 

3.1. The United Nations System 

3.2. The Council of Europe 

5 

6 

7 

8 

8 

11 

4.  THE RIGHTS OF THE CHILD IN THE EU BEFORE AND AFTER THE 

LISBON TREATY 

4.1. The Rights of the Child in the EU before Lisbon 

13 

13 

4.2. Impact of the Lisbon Treaty on the Competence of the EU in this 

Area 

Lisbon Treaty 

4.2.1. 
4.2.2. 
4.2.3.  Changes in EU Policies and Legislation after the Lisbon Treaty 
4.2.4.  Monitoring of the Respect of Children's Rights 

Impact on EU Competence 

5.  THE CAPACITY OF EXISTING INSTRUMENTS TO FACILITATE 

CHILDREN’S RIGHTS 

5.1. Review of Existing Instruments at the International Level 

5.2. Review of Existing Regional Instruments 

5.3. Review of Existing Legal Provisions at the EU Level 

5.4. Findings on Children’s Rights under the EU Legal Framework 

Compared to the International Standards 

6.  GAP ANALYSIS AND OPTIONS FOR FUTURE ACTIONS 

6.1. Results of the Gap Analysis 

Legislative Competence in Relation to Children’s Rights 

6.1.1. 
6.1.2. 
6.1.3.  Non-Legislative Activities 
6.1.4.  Requirements for Mainstreaming the Activity 

Procedural Legislative Aspects 

6.2. Recommendations 

6.2.1.  Recommendations for Legislative Action 
6.2.2.  Recommendations for Non-Legislative Activities 

7.  REFERENCES 

3 

18 

18 
19 
21 
24 

25 

25 

26 

26 

26 

28 

28 

28 
29 
29 
30 
33 

33 
34 

36 

 
 
 
Policy Department C: Citizens' rights and Constitutional Affairs 

8.  ANNEX: GUIDE TO THE RELEVANT INTERNATIONAL AND EU 

INSTRUMENTS 

8.1. Existing Instruments at the International Level 

8.2. Existing Regional Instruments 

8.3. Existing Legal Provisions at the EU Level 

40 

40 

42 

44 

4 

 
 
 
 
 
 
 
EU Framework of Law for Children’s Rights 

LIST OF ABBREVIATIONS 

Charter 

The Charter of Fundamental Rights of the European Union  

CDDH 

Council  of  Europe  Steering  Committee  for  Human  Rights  (Comité 

Directeur pour les Droits de l’Homme) 

CJEU 

Court of Justice of the European Union 

ECHR 

Council  of  Europe  Convention  for  the  Protection  of  Human  Rights 

and Fundamental Freedoms 

The European Union 

European Union Agency for Fundamental Rights 

International Labour Organisation 

Treaty on the European Union 

EU 

FRA 

ILO 

TEU 

TFEU 

Treaty on the Functioning of the European Union 

UN 

United Nations  

UNCRC 

United Nations Convention on the Rights of the Child 

UNICEF 

United Nations Children’s Fund 

5 

 
   
   
   
   
   
   
   
Policy Department C: Citizens' rights and Constitutional Affairs 

1. EXECUTIVE SUMMARY 

The aim of the present paper is to provide an overview of the EU situation with respect to 
the  rights  of  the  child.  In  recent  years,  the  EU  has  adopted  a  number  of  important 
measures,  with  the  Lisbon  Treaty  allowing  for  a  major  step  forward.  Article  24  of  the 
Charter of Fundamental Rights of the European Union (the Charter) is now EU law. At the 
same time various EU policies and programmes on children’s rights have been introduced, 
both within and outside the EU. These cover a wide spectrum of issues ranging from anti-
discrimination,  to  health  and  safety  of  a  child,  and  countering  of  child  labour,  trafficking 
and prostitution. 

This  analysis  covers  the  possible  effects  of  the  new  legal  provisions  introduced  by  the 
Lisbon  Treaty  regarding  the  realisation  of  these  rights.  In  particular,  the  briefing  paper 
explores  which  articles  of  the  Lisbon  Treaty  could  provide  a  legal  foundation  to  adopt 
further legislative initiatives in favour of the realisation of the rights of the child. 

Chapter 2 provides a brief overview of the legislation at the international and regional level. 
It finds that EU Member States have widely ratified international and regional conventions 
covering  an  extensive  range  of  rights  dedicated  to  the  protection  of  children’s  rights  and 
providing, as a result, strong protection at the national level. On the other hand, as the EU 
is  not  a  party  to  those  conventions,  the  EU  institutions  have  not  been  legally  bound  to 
apply  those  instruments  in  their  decision-making.  Chapter  3  reviews  initiatives  at  the 
European  Union  level  geared  at  promoting  children’s  rights  before  the  entry  into  force  of 
the Lisbon Treaty. Chapter 3 also provides an analysis of the new legal provisions relevant 
for the rights of the child due to the Lisbon Treaty, including the instruments and initiatives 
made  on  the  basis  of  the  Lisbon  Treaty  and  the  Charter  of  Fundamental  Rights  and  their 
impact in the field. The entry into force of the Lisbon Treaty has integrated the protection 
of children’s rights as an objective of the EU, requiring the EU institutions to take children’s 
rights into consideration while adopting measures affecting them.  

In  Chapter  4,  the  paper  provides  an  analysis  comparing  children’s  rights  guaranteed  by 
international instruments to EU legal instruments on the rights of the child, finding that the 
EU legal framework remains limited in scope compared to international standards. Finally, 
Chapter  5  recommends  to  step  up  efforts  to  mainstream  children’s  rights  into  EU  policy-
making and to enhance the Parliament’s role as advocate for the rights and best interests 
of  children.  It  also  recommends  adopting  measures  such  as  impact  assessment, 
monitoring,  reporting,  allocation  of  resources  and  better  coordination  between  EU 
institutions  and  Member  States.  Other  key  recommendations  to  reinforce  the  rights  of 
children in Europe include for the EU to apply the ordinary legislative procedure on matters 
related  to  the  protection  and  promotion  of  children’s  rights;  to  propose  new  legislation 
reflecting recent developments in the field; to declare its commitment to the United Nations 
Convention  on  the  Rights  of  the Child;  and  to  use  impact  assessment  to  help  ensure  that 
EU actions positively affect children. 

6 

 
 
 
 
 
 
EU Framework of Law for Children’s Rights 

2. INTRODUCTION 

The  European  Union’s  (EU)  approach  towards  children’s  rights  protection  has  evolved 
throughout the years, influenced by the pace of European integration, the development of 
the  concept  of  European  citizenship,  demographic  change  and  the  EU  enlargement.  Until 
the  1990s,  the  issue  of  children’s  rights  was  less  relevant  for  the  EU  agenda  and  the  EU 
had  a  rather  limited  competence  in  the  field  of  fundamental  rights.  For  the  past  decade, 
children’s rights have gradually taken on increased importance thanks to new competences 
acquired by the EU in this field. 

Today, with the emergence of the social agenda, the growing concern for poverty and the 
particular risks that children face as well as the awareness of the overriding importance of 
robust fundamental rights protection, the rights of the child have arrived at the forefront of 
European policies in the last decade. The Lisbon Treaty has incorporated children’s rights in 
the Treaty on the European Union (TEU). As a result all EU policies must be designed and 
implemented  in  line  with  the  child’s  best  interests.  Thus,  the  rights  of  the  child  now 
constitute  an  integral  part  of  fundamental  rights  which  the  EU  and  Member  States  are 
bound to respect by virtue of European and international law. 

Legally, the most significant recent development at European level is the entry into force of 
the  Lisbon  Treaty  which  establishes  among  the  aims  of  the  Union  the  ‘protection  of  the 
rights  of  the  child’  (Article  3)  and  whereby  the  European  Charter  of  Fundamental  Rights 
(the  Charter)  became  binding.  In  accordance  with  Article  24  of  the  Charter,  children  now 
‘have the right to such protection and care as is necessary for their well-being’; their best 
interests must be a primary consideration in ‘all actions relating to children, whether taken 
by public authorities or private institutions’; and every child has ‘the right to maintain on a 
regular basis a personal relationship and direct contact with both his or her parents, unless 
that is contrary to his or her interests’. 

From  a  policy  perspective,  the  2011  Commission  Communication  ‘An  EU  Agenda  for  the 
Rights of the Child’ points to 11 actions ‘to step up efforts in protecting and promoting the 
rights of children’ including for a child-friendly justice.1 

Finally, steps have also been undertaken from an operational point of view with initiatives 
such as the creation of an Alliance for Children to promote the mainstreaming of children’s 
rights  in  the  European  Parliament  legislative  procedures.  The  European  Union  institutions 
have also joined in the battle against sexual abuse of children and child pornography with a 
legislative  proposal  on  sexual  abuse  and  exploitation  of  children,  and  the  launch  of 
‘operation  Icarus’,  a  crackdown  action  targeting  online  child  sex  abuse  file-sharing 
networks. The operation carried out in 2011 by law enforcement agencies from 26 Member 
States  and  coordinated  by  Europol,  led  to  the  arrest  of  112  suspects  across  22  European 
countries. 

This briefing paper reviews the rights of the child at the international level and within the 
EU  before  and  after  the  Lisbon  Treaty.  It  then  looks  at  the  capacity  of  the  existing 
instruments  to  facilitate  children’s  rights  and  makes  a  number  of  recommendations  for 
future  EU  actions.  The  Annex  provides  a  brief  guide  to  the  relevant  international  and  EU 
instruments and their provisions for the protection of children’s rights. 

1   European Commission (2011), Communication from the Commission to 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, COM(2011) 60, 14. 

7 

 
 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

3. THE RIGHTS OF THE CHILD AT INTERNATIONAL LEVEL 

KEY FINDINGS  
  The  United  Nations  Convention  on  the  Rights  of  the  Child  (UNCRC)  covers  a  wide 

range of rights for children, from civil rights to socio-economic rights. 

  The EU is not a party to UNCRC. 
  The  International  Labour  Organisation  (ILO)  Conventions  aim  towards  the  effective 

abolition of child labour and the setting of a minimum age for employment. 

  The  Council  of  Europe’s  European  Social  Charter  guarantees  social  and  economic 

rights including for children. 

  The  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms  (ECHR)  protects  and  promotes  key  fundamental  rights  applicable  to 
children. 

  The EU Member States have ratified the key international conventions on the rights 

of the child. 

  Future accession of the EU to the ECHR could reinforce the legal framework for the 

protection of the rights of children in the EU. 

3.1. 

The United Nations System 

Within  the  United  Nations  (UN)  system,  a  number  of  measures  address  the  rights  of 
children.2 

The  United  Nations  Convention  on  the  Rights  of  the  Child  (UNCRC)3  with  its  two 
Optional  Protocols  is  the  cornerstone  instrument  promoting  children’s  rights  at  the 
international level. The Convention lays down social, civil, economic, and political standards 
for the protection of children’s rights. It contains a set of rules and principles that guide its 
signatories  to  develop  a  comprehensive  and  coherent  framework  reflecting  child-specific 
rights. It also provides for a general definition of a child as ‘every human being below the 
age  of  eighteen  years  unless  under  the  law  applicable  to  the  child,  majority  is  attained 
earlier’. 

The Convention requires policy and law makers to ensure that the best interests of 
children are the primary consideration in all actions that may affect them. It covers 
aspects related to the promotion and protection of children such as:  

  non-discrimination (Article 2) 

  consideration of the best interests of the child in policy-making (Article 3) 

 

 

 

right to life (Article 6) 

right to grow up in a family context (Articles 5, 9 and 18) 

right to be heard (Article 12) 

  protection from abuse and neglect (Article 19) 

 

right to alternative care for out-of-home children and adoption (Articles 20 and 21) 

2   The  UN  specialised  agency  for  children  is  UNICEF,  mandated  by  the  United  Nations  General  Assembly  ‘to 
advocate  for  the  protection  of  children's  rights,  to  help  meet  their  basic  needs  and  to  expand  their 
information  see  the  UNICEF  website  at 
opportunities  to  reach  their 
http://www.unicef.org. 

full  potential’.  For 

further 

3   United Nations Convention on the Rights of the Child adopted by UN General Assembly Resolution 44/25 of 20 

November 1989, available at http://www2.ohchr.org/english/law/crc.htm, (15 February 2012).  

8 

 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

  protection from torture and exploitation (Articles 36 and 37)  

 

 

 

 

right to a fair trial in the judicial context (Article 40) 

freedom of expression, thought, conscience and religion (Articles 13 and 14)  

right to the enjoyment of the highest attainable standard of health (Article 24) 

right to education (Articles 28 and 29) 

All  EU  Member  States  have  ratified  the  Convention;  however  the  EU  is  not  a  party.4  The 
European Commission recently stated that 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’.5 In 
addition,  the  Court  of  Justice  of  the  European  Union  (CJEU)  has  expressly  recognised  the 
need to respect children’s rights and requires EU law to take due account of the UNCRC.6 
All  the  Member  States  have  signed  the  Convention’s  two  additional  Optional  Protocols  on 
the  sale  of  children,  child  prostitution  and  child  pornography  and  on  the  involvement  of 
children in armed conflict, but the EU has not.7  

The UN General Assembly recently adopted a third Optional Protocol to the Convention on 
the Rights of the Child on a communications procedure which allows individual children to 
submit complaints regarding specific violations of their rights under the Convention and its 
first  two  Optional  Protocols.8  The  new  Optional  Protocol  opened  for  signature  on  28 
February 2012.9 

Other UN Conventions also contain provisions relevant to the protection of children’s rights. 
For  example,  Article  7  of  the  Convention  on  the  Rights  of  Persons  with  Disabilities 
refers  specifically  to  children  with  disabilities;  requiring  States  (1)  to  adopt  measures  to 
ensure the full enjoyment by children with disabilities of all human rights and fundamental 
freedoms on an equal basis with other children, (2) to have the best interests of the child 
as  a  primary  consideration  in  all  actions  concerning  children  with  disabilities,  and  (3)  to 
ensure  that  children  with  disabilities  have  the  right  to  express  their  views  freely  on  all 
matters  affecting  them,  on  an  equal  basis  with  other  children,  and  to  be  provided  with 
disability  and  age-appropriate  assistance  to  realize  that  right.  The  Convention  on  the 
Elimination  of  All  Forms  of  Discrimination  Against  Women  also  explicitly  takes  into 
account the rights of children in a number of provisions related to family rights and child-
care.  For  example,  Article  16  provides  for  the  rights  and  responsibilities  as  parents, 
irrespective of their marital status, in matters relating to their children, taking into account 
the interests of the children. 

4   The  UNCRC  is  open  for  signature  and  accession  to  States  only,  although  the  EU  could  bind  itself  to  its 

provisions through unilateral declaration or the conclusion of an accession Protocol. 

5   European Commission (2011), Communication from the Commission to 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, COM(2011) 60, 3. 

6   E.g., case C-540/03, European Parliament v Council of the European Union [2006] ECR 5769, 37. 
7   The Czech Republic, Ireland and Finland have signed the Optional Protocol to the Convention on the Rights of 
the Child on the sale of children, child prostitution and child pornography but they have not yet ratified it. The 
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict 
has been signed and ratified by all 27 EU Member States. 

8   Optional Protocol to the Convention on the Rights of the Child on a communications procedure adopted at the 
sixty-sixth session of the United Nations by resolution 66/138 of 19 December 2011 and open to signature. For 
more  information  see  Office  of  the  High  Commissioner  for  Human  Rights,  Children  empowered  to  complain 
about rights violation under new UN protocol, available at: 
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11732&LangID=E, 
February 
2012)  and  UN  Treaty  Section  announcements  and  events  available  at  http://treaties.un.org,  (21  February 
2012). 

(21 

9   According  to  Article  19,  the  Protocol  shall  enter  into  force  three  months  after  the  deposit  of  the  tenth 

instrument of ratification or accession. 

9 

 
 
 
 
                                                 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

The  Universal  Declaration  of  Human  Rights10  (UDHR)  and  the  two  International 
Covenants11 cover rights that are directly relevant to children. For example, Article 25 of 
the  UCHR  declares  that  motherhood  and  childhood  are  entitled  to  special  care  and 
assistance. Article 10 of the International Covenant on Economic, Social and Cultural Rights 
guarantees  the  right  to  protection  and  assistance  to  the  family  and  to  all  children  and 
young persons without any discrimination, and the right of children and young persons to 
be protected from economic and social exploitation. Article 24 of the International Covenant 
on  Civil  and  Political  Rights  provides  for  the  right  of  every  child  to  protection  without  any 
discrimination as to race, colour, sex, language, religion, national or social origin, property 
or  birth;  the  right  to  be  registered  immediately  after  birth  and  to  have  a  name;  and  the 
right to acquire a nationality. 

Another relevant UN instrument is the Protocol to Prevent, Suppress and Punish Trafficking 
in  Persons,  Especially  Women  and  Children  (so  called  Palermo  Protocol),  supplementing 
the  United  Nations  Convention  against  Transnational  Organized  Crime.  The  Convention 
‘the  recruitment, 
establishes  a  definition  on  trafficking 
transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall 
be considered trafficking in persons’.12 The Convention aims to facilitate the establishment 
of  domestic  criminal  offences,  international  cooperation  in  investigating  and  prosecuting 
human  trafficking  cases,  as  well  as  to  ensure  the  protection  of  rights  of  victims  of 
trafficking, with a special focus on women and children. The EU and all its Member States 
are parties to the Protocol. 

in  persons,  adding  that 

Still  in  the  context  of  the  UN  system,  the  International  Labour  Organisation  (ILO)  is 
another  forum  that  has  contributed  to  the  development  of  the  legal  framework  for 
children’s  rights.  It  is  important  to  note  that all  EU  Member  States are  also  ILO  members 
and  that  all  ILO  members  have  an  obligation  arising  from  the  very  fact  of  membership  in 
the  Organisation  to  respect,  promote  and  realise  the  principles  concerning  such 
fundamental  rights.  The  ILO  was  the  first  international  organisation  to  enact  international 
legal  provisions  for  the  protection  of  children  in  the  working  context,  in  1919.13  However, 
the  most  notable  ILO  effort  relating  to  children’s  rights  is  the  adoption  of  two  ‘core’ 
Conventions aimed at abolishing child labour. These are the 1973 Minimum Age Convention 
(No. 138) and the Worst Forms of Child Labour Convention (No. 182) adopted in 1999.14 All 
EU  Member  States  have  ratified  these  instruments.  The  Conventions  prohibit  the 
employment of a child below a certain ‘minimum age’ and the worst forms of labour for all 
persons under 18 years of age, including: 

  all forms of slavery or similar practices, such as the sale and trafficking of children 

 

the  use,  procuring  or  offering  of  a  child  for  prostitution  or  for  the  production  of 
pornography  

10   Universal  Declaration  of  Human  Rights  proclaimed  by  the  United  Nations  General  Assembly  on  10  December 

1948 (General Assembly resolution 217 A (III)). 

11   International  Covenant  on  Economic,  Social  and  Cultural  Rights  adopted  by  General  Assembly  Resolution 
2200A (XXI) of 16 December 1966, entered into force on 3 January 1976; International Covenant on Civil and 
Political Rights adopted by General Assembly Resolution 2200A (XXI) of 16 December 1966, entered into force 
on 23 March 1976. 

12   Article  3  of  the  Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in  Persons,  Especially  Women  and 
Children,  supplementing  the  United  Nations  Convention  against  Transnational  Organized  Crime;  more 
information  on  the  Convention  against  Transnational  Organized  Crime  and  its  Protocols  available  at 
http://www.unodc.org/unodc/en/treaties/CTOC/index.html, (29 February 2012). 

13   E.g. ILO Convention on the Hours of Work in Industry, 1919; Convention on Night Work, 1919; Convention on  
Minimum  Age  in  Industry,  1919;    Convention  on  Night  Work  of  Young  Persons  in  the  Industry,  1919; 
Convention on Minimum Age in the Sea, 1920; Convention on Minimum Age in Agriculture, 1921; and so on. 

10 

 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

  work which, by its nature or the circumstances in which it is carried out, is likely to 

harm the health, safety or morals of children  

forced recruitment of children in armed conflict and  

the use, procuring or offering of a child for illicit activities  

 

 

Lastly, the ILO Declaration on Fundamental Principles and Rights at Work, which expresses 
the  commitment  by  governments,  employers  and  workers’  organisations  to  uphold  basic 
fundamental rights, includes the effective abolition of child labour among its aims.15 

The  UN  level  measures  play  a  major  role  in  protecting  the  rights  of  children  and  have 
influenced the development of EU and national measures geared towards that purpose. 

3.2. 

The Council of Europe  

Various  instruments  have  been  developed  to  protect  children’s  economic  and  social  rights 
under the auspices of the Council of Europe.16 

The  revised  European  Social  Charter17  contains  specific  provisions  related  to  children, 
including Article 7 on the right of  children and young persons to protection and Article 17 
on  their  right  to  social,  legal  and  economic  protection.  Other  provisions  of  the  European 
Social Charter guarantee rights relevant to children, such as: 

 

 

 

 

the right of the family to social, legal and economic protection  

the right of migrant workers and their families to protection and assistance  

the right to education  

the right to protection of health18 

Moreover,  the  Council  of  Europe  has  drafted  and/or  supported  the  signature  of  several 
other binding instruments relevant to children’s rights which are mentioned below. 

The  European  Convention  on  the  Exercise  of  Children's  Rights19  is  a  major 
instrument  containing  provisions  aimed  at  protecting  the  best  interests  of  children  and 
promoting  their  rights,  in  particular  in  family  proceedings  before  judicial  authorities.  It 
provides a number of measures to allow children to exercise their procedural rights.20  

Furthermore, the Convention on the Protection of Children against Sexual Exploitation and 
Sexual  Abuse,21  the  European  Convention  on  the  Repatriation  of  Minors22  and  various 

14   ILO Convention No. 182 on the worst forms of child labour, adopted on 17 June 1999 and ILO Convention No. 

15 

138 on the minimum age for admission to employment and work, adopted on 26 June 1973. 
ILO  Declaration  on  Fundamental  Principles  and  Rights  at  Work, 
http://www.unhcr.org/refworld/docid/425bbdf72.html, (21 February 2012). 

June  1988,  available  at: 

16   The  Council  of  Europe  consists  of  47  members  including  all  the  27  EU  Member  States,  more  information 

available at http://www.coe.int/aboutcoe/index.asp?page=47pays1europe, (15 February 2012).  

17   Council of Europe, European Social Charter (revised), CETS No. 163, adopted on 3 May 1996. 
18   All  EU  Member  States  have  signed  the  European  Social  Charter.  However,  the  Czech  Republic,  Denmark 

Germany, Greece, Latvia, Luxembourg, Poland, Spain and the United Kingdom have not yet ratified it. 

19   Council  of  Europe,  European  Convention  on  the  Exercise  of  Children's  Rights,  CETS  No.  160,  adopted  on  25 

January 1996.  

20   Only Austria, Cyprus, the Czech Republic, Finland, France, Germany, Greece, Italy, Latvia, Poland and Slovenia 

have ratified the Convention on the Exercise of Children’s Rights. 

21   Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse CETS No. 201, adopted 

on 25 November 2007. 

11 

 
 
 
 
 
 
 
 
 
                                                                                                                                                            
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

conventions  regarding  family  life,  in  particular  on  the  adoption  and  custody  of  children, 
have  been  adopted  under  the  Council  of  Europe’s  leadership  to  promote  and  protect 
children’s well-being.23 Finally, the Guidelines of the Committee of Ministers of the Council 
of Europe on child friendly justice, seeks to enhance children’s access to and treatment in 
justice.24 

Further to the Council of Europe Third Summit of Heads of State, the programme "Building 
a  Europe  for  and  with  children"  has  been  established  to  ensure  the  promotion  of 
children's  rights  and  the  protection  of  children  from  violence.25  The  programme  set  a 
strategy  aimed  at  promoting  the  mainstreaming  of  children’s  rights  focused  on  specific 
objectives  including  children’s  access  to  justice,  the  eradication  of  all  forms  of  violence 
against them, the participation of children and their influence in society, as well as a special 
focus on vulnerable children such as children with disabilities or without parental care.26 

The  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms, 
most  commonly  known  as  the  European  Convention  on  Human  Rights  (ECHR),  is  the 
Council  of  Europe’s  cornerstone  fundamental  rights  instrument.  While  it  does  not  make 
explicit  reference  to  children’s  rights,  its  provisions  apply  to  children  and  several  rights 
guaranteed by the convention are relevant to children: 

 

right to life (Article 2) 

  prohibition of torture (Article  3) 

  prohibition of slavery and forced labour (Article 4) 

 

 

 

right to liberty and security (Article 5) 

right to a fair trial (Article 6)  

respect for private and family life (Article 8) 

The  European  Court  of  Human  Rights  has  also  participated  in  developing  legal 
protection  for  children.  In  particular,  it  has  issued  a  number  of  judgments  on  the 
interpretation  of  the  ECHR,  in  which  it  has  condemned  violence  against  children  on  the 
basis  of  the  right  to  life,  prohibited  torture,  slavery  and  forced  labour,  and  upheld  the 
obligation to ensure the right to liberty and security, the right to a fair trial, and respect for 
private and family life.27  

The  impetus  on  children  rights  has  largely  come  from  these  internationally  led  measures 
and  legal  instruments.  At  the  level  of  the  EU,  the  entry  into  force  of  the  Lisbon  Treaty 
recognises  the  importance  of  fundamental  rights,  including  children’s  rights,  on  the  EU 
agenda.  Of  particular  importance  is  the  requirement  of  Article  6  of  the  Treaty  on  the 

22   European Convention on the Repatriation of Minors CETS No. 071, adopted on 28 May 1970. 
23   European  Convention  on  the  Legal  Status  of  Children  born  out  of  Wedlock  CETS  No.  085,  adopted  on  15 
November  1975;  European  Convention  on  Recognition  and  Enforcement  of  Decisions  concerning  Custody  of 
Children  and  on  Restoration  of  Custody  of  Children  CETS  No.  105,  adopted  pm  20  May  1980;  the  revised 
European Convention on the Adoption of Children CETS No. 202 adopted on 27 November 2008. 

24   Council of Europe (2010), Guidelines of the Committee of Ministers of the Council of Europe on Child Friendly 

Justice, 17 November 2010, 1098th meeting. 

25   Council of Europe programme Building a Europe for and with children, available at  

http://www.coe.int/t/dg3/children/BriefDescription/Default_en.asp, (1 March 2012). 

26   Council  of  Europe  (2008),  Building  a  Europe  for  and  with  children  –  2009-2011  strategy,  available  at 

http://www.coe.int/t/dg3/children/News/200911Strategy_en.asp, (1 March 2012). 

27   E.g.  E.B.  v  France  [2008]  ECHR  43546/02  (22  January  2008);  Siliadin  v  France,  Judgment,  merits  and  just 
satisfaction, App. No. 73316/01; IHRL 2866 (ECHR 2005); Sahin v Germany, (30943/96) [2003] ECHR 340; T 
and V v UK [1999] ECHR 171 (16 December 1999). 

12 

 
 
 
 
 
 
                                                                                                                                                            
 
 
EU Framework of Law for Children’s Rights 

European  Union  (TEU)  for  the  EU  to  accede  to  the  ECHR.  In  2010,  the  EU  Justice 
Ministers  gave  the  European  Commission  the  mandate  to  negotiate  with  the  Council  of 
Europe  Steering  Committee  for  Human  Rights  (CDDH)  to  elaborate  the  necessary  legal 
instrument. Official talks started on 7 July 2010 and will lead to an accession agreement.28 
The  accession  of  the  EU  to  the  ECHR  will  enter  into  force  only  with  the  ratification  of  the 
agreement by all State Parties of the ECHR and the EU itself.29 

4. THE  RIGHTS  OF  THE  CHILD  IN  THE  EU  BEFORE  AND 

AFTER THE LISBON TREATY 

KEY FINDINGS 
  Before  the  entry  into  force  of  the  Lisbon  Treaty,  children’s  rights  were  only 
addressed as part of the general Treaty obligation to respect fundamental rights. 
  Furthermore,  the  EU  had  already  adopted  a  number  of  measures  aiming  at 

children’s protection as well as a targeted EU policy strategy. 

  The  entry  into  force  of  the  Lisbon  Treaty  explicitly  provides  for  the  protection  of 
children’s rights as an objective of the EU (Article 3 TEU) and integrates the Charter 
into the EU legal framework. 

4.1. 

The Rights of the Child in the EU before Lisbon 

The EU’s approach towards the protection of children’s rights has evolved through the years 
from  an  economic  integration  approach  towards  the  development  of  the  concept  of  a 
shared  area  of  freedom,  security  and  justice.  The  EU  has  a  long-standing  tradition  of 
promoting  human  rights.  The  Maastricht  Treaty,  in  1992,  introduced  the  obligation  for 
the EU to respect fundamental rights in its policies and actions.30  

Independently  of  its  legal  status  before  the  Lisbon  Treaty,  the  EU  has  developed  various 
tools  on  the  protection  of  children  based  on  Article  6(2)  of  the  TEU,  the  ECHR,  and  the 
provisions  of  the  UNCRC  and,  since  its  proclamation  in  2000,  the  Charter  of  Fundamental 
Rights.  These  tools  include  legal  instruments,  best  practices,  guidance  documents,  policy 
actions  and  financial  assistance  to  political  dialogue  within  and  outside  the  EU  covering 
issues  such  as  violence,  human  trafficking,  discrimination,  poverty,  labour,  health  and 
education.31  

Before the Lisbon Treaty, EU actions in the field depended on a three pillars division where 
children protection fell predominantly under the so-called third pillar relating to police and 
judicial cooperation in criminal matters.32 As a result, EU competence was of lesser extent, 

28   Both the European Court of Justice  (the EU institutions  which rules on preliminary rulings references, actions 
for failures to fulfil obligations under EU law, actions for annulment and failure to act) and the  European Court 
of Human Rights (the Council of Europe body which settles on individual or State applications for violations of 
rights set in the ECHR) will be given the opportunity to submit an opinion on the agreement, which must then 
be adopted unanimously by the Council after approval by the European Parliament, and the Council of Europe 
Committee of Ministers. 

29  More  information  on  the  EU  accession  to  the  European  Convention  on  Human  Rights  available  at 
http://www.coe.int/lportal/web/coe-portal/what-we-do/human-rights/eu-accession-to-the-convention, 
(7 
February 2012); European Parliament Resolution of 19 May 2010 on the Institutional Aspects of the Accession 
of  the  European  Union  to  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms, 2009/2241(INI). 

30   Article F.2 of the TEU (Maastricht numeration). 
31   For  a  full  overview  of  measures  adopted  at  EU  level:  European  Commission,  Communication  from  the 
Commission:  Towards  an  EU  Strategy  on  the  Rights  of  the  Child,  COM(2006)  367  and  European  Commission 
(2006)  Staff  Working  Document  Accompanying  the  Communication  from  the  Commission  ‘Towards  an  EU 
Strategy on the Rights of the Child’, SEC(2006) 889. 
32   More information on the three pillars system available at: 

13 

 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

with  the  ability  to  act  only  based  on  intergovernmental  cooperation,  which  had  a  lower 
legally binding force on Member States than regulations based on the former first pillar. 

EU  legislation  in  other  sectors  has  also  had  a  major  impact  on  the  protection  of  children. 
Such is the case of Directive 2009/48/EC (Toys Directive) on the safety of toys. While 
drafted  in  the  field  of  consumer  protection,  the  Directive  aims  to  ensure  a  high  degree  of 
protection  for  all  children  playing  with  toys.  The  Directive  sets  out  harmonised  safety 
requirements for all toys on sale and significantly improves the protection afforded to their 
users,  by  taking  account  of  the  latest  developments  in  international  standards  that  are 
crucial for children’s well-being.  

Another  example  is  Directive  2004/38/EC  (Citizenship  Directive)  on  the  rights  of 
citizens  of  the  Union,  which  grants  EU  citizens  and  their  family  members  a  fundamental 
right to move and reside freely within the territory of the Union. The Directive also affects 
the rights of the child in that it contains, inter alia, specific provisions aimed at ensuring a 
greater  degree  of  integration  of  the  Union’s  citizens  and  their  family  members  (including 
children). In this respect, it provides a better definition of the status of family members and 
limits the scope for refusing entry and grants greater protection against expulsion.33  

Similarly,  Directive  2002/22/EC  (Universal  Service  Directive)  has  been  amended  to 
introduce  an  obligation  for  Member  States  to  reserve  the  number  ‘116000’  and  to  ensure 
the  availability  on  their  territory  of  a  service  for  reporting  missing  children  as  well  as  to 
provide adequate information to the public on the existence and use of services provided by 
the  missing  children  hotline  number.34  Consumer  protection  and  EU  citizenship  fell  under 
the former ‘European Communities’ first pillar. As a result, the Directives were adopted in 
accordance with the EU’s legislative procedures and have legally binding force. 

Children’s  rights  have  also  been  the  focus  of  the  EU’s  external  action.35  The  EU 
Guidelines for the Promotion and Protection of the Rights of the Child and the EU Guidelines 
on  Children  and  Armed  Conflict  serve  as  a  basis  for  the  EU  commitments  relating  to 
children  in  the  framework  of  EU  relations  with  non-EU  countries  and  international  and 
regional  organisations.  The  promotion  and  protection  of  fundamental  rights  is  also  an 
important element of the pre-accession assistance and the European Neighbourhood Policy 
Actions  Plans.36  On  the  basis  of  EU  guidelines,  the  Union  engages  in  human  rights 
dialogues with about 30 countries, including neighbourhood and accession countries.37 For 
example, research has shown that, in Romania, where child protection was a key issue on 
the negotiation agenda, the EU accession process led to positive change for children.38 

http://europa.eu/legislation_summaries/institutional_affairs/treaties/lisbon_treaty/ai0020_en.htm,  (1  March 
2012). 

33   Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and 
their  family  members  to  move  and  reside  freely  withi  the  territory  of  the  EU  countries  of  29  April  2004 
(Citizenship  Directive)  OJ  L  120,  24  April  2004;  Directive  2009/48/EC  of  the  European  Parliament  and  of  the 
Council of 18 June 2009 on the safety of toys (Toy Directive) OJ L 170, 30 June 2009. 

34   Directive  2002/22/EC  has  been  amended  by  Directive  2009/136/EC  of  the  European  Parliament  and  of  the 

Council of 25 November 2009 to incorporate the obligation to set the ‘116000’ number. 

35   European Commission (2008), A Special Place for Children in EU External Action, COM(2008) 55. 
36   See Council of the European Union Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument 
for Pre-Accession Assistance; European Commission (2011), Joint Communication by the High Representative 
of  The  Union  For  Foreign  Affairs  And  Security  Policy  and  the  European  Commission:  A  New  Response  to  a 
Changing Neighbourhood A review of European Neighbourhood Policy, COM(2011) 30. 

37   EU guidelines on human rights dialogues with third countries (2009), initially adopted by the Council in 2001 

and its update adopted on 19 January 2009, available at:  
http://europa.eu/legislation_summaries/human_rights/human_rights_in_third_countries/r10115_en.htm. 
38   Save  the  Children  (2011),  Governance  Fit  for  Children,  To  what  extent  have  the  general  measures  of 

implementation of the UNCRC been realised in the EU Institutions?, 9. 

14 

 
 
 
 
 
                                                                                                                                                           
 
 
 
 
 
EU Framework of Law for Children’s Rights 

The European Commission 

In  2006,  the  Commission  issued  a  Communication  called  ‘Towards  an  EU  Strategy  on 
the Rights of the Child’, in which it noted that ‘the EU's obligation to respect fundamental 
rights,  including  children's  rights,  implies  not  only  a  general  duty  to  abstain  from  acts 
violating these rights, but also to take them into account wherever relevant in the conduct 
of  its  own  policies  under  the  various  legal  bases  of  the  Treaties’  and,  taking  into 
consideration  Member  States’  own  competences,  ‘to  take  specific  positive  action  to 
safeguard  and  promote  children's  rights’.39  The Communication  served  as  a  policy  plan  to 
promote  and  safeguard  children’s  rights  in  its  internal  and  external  actions,  as  well  as 
supporting  EU  Member  State  efforts  in  addressing  children’s  rights  issues.  The 
Communication  refers  to  the  obligation  to  respect  children’s  rights  under  international 
treaties  and  Article  24  of  the  then  not  yet  into  force40  European  Charter  of  Fundamental 
Rights. It provides specific objectives for the EU strategy on children’s rights:  

  maximise the use of existing policies and instruments while addressing urgent needs 

 

identify the main priorities for EU future action 

  mainstream children’s rights in EU actions 

  establish  efficient  coordination  and  consultation  mechanisms  among  the  main 

stakeholders 

  enhance capacity and expertise on children’s rights 

  communicate more effectively on children’s rights 

  promote the rights of the child in external relations41 

The  accompanying  Commission  Staff  Working  Document  provides  an  inventory  of  EU 
actions affecting children’s rights until the 2006 Commission Communication.42 

The  Commission  also  contributed  to  improving  children’s  health  in  adopting  an  EU 
Environment  and  Health  Strategy,  the  ‘SCALE  initiative’,  with  a  particular  focus  on  the 
health  of  children  and  the  promotion  of  the  UNCRC  children’s  right  to  ‘best  achievable 
health’.43 

The European Parliament 

The  European  Parliament  has been  active  in  promoting  children’s  rights  as co-legislator 
and  through  policy  initiatives.  In  addition  to  instruments  such  as  the  Declaration  of  the 
European  Parliament  on  combating  trafficking  in  children,44  the  European  Parliament 
adopted  a  series  of  resolutions  promoting  the  protection  of  children  ranging  from  child 
trafficking and child soldiers, to the exploitation of children in developing countries, with a 
special  focus  on  child  labour,  strategies  to  prevent  the  trafficking  of  women  and  children 

39   European Commission, Towards an EU Strategy on the Rights of the Child, COM(2006) 367, 3. 
40   The  Charter  became  directly  enforceable  with  the  Lisbon  Treaty  on  December  2009,  becoming  then  legally 
binding for all 27 Member States and the EU institutions. Nevertheless, the Charter was used before its entry 
into force as a text of reference and a shared basis for EU standards in the area of fundamental rights. 

41   European  Commission,  Communication  from  the  Commission:  Towards  an  EU  Strategy  on  the  Rights  of  the 

Child, COM(2006) 367. 

42   European  Commission  (2006)  Staff  Working  Document  Accompanying  the  Communication  from  the 

Commission ‘Towards an EU Strategy on the Rights of the Child’, SEC(2006) 889. 

43   European Commission, Communication from the Commission to the Council, the European Parliament and the 
European Economic and Social Committee - A European Environment and Health Strategy, COM(2003) 338. 

44   Declaration of the European Parliament on combating trafficking in children of 21 October 2008. 

15 

 
 
 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

who  are  vulnerable  to  sexual  exploitation,  migrant  children  left  behind  in  the  country  of 
origin and regarding the education the children of migrants.45 

In line with the Commission Communication, the European Parliament adopted a resolution 
‘Towards an EU strategy on the rights of the child’ setting priorities for the EU strategy on 
the  rights  of  the  child,  namely  violence;  poverty/discrimination;  child  labour;  children  of 
immigrants, asylum seekers and refugees; right of the child to information and education; 
health; birth registration; children in armed conflict; and children and democracy.46 

Examples of European Parliament initiatives include: (1) the European Parliament Mediator 
for  International  Parental  Child  Abduction  created  in  1987  as  an  alternative  dispute 
resolution platform to help children of binational parents who have been abducted by one of 
the  parents,  and  (2)  the  European  Parliament  hearing  on  Rights  of  Children  of  19  April 
2007 to discuss a long term strategy on the rights of children.47 

On  the  initiative  of  the  Commission  and  in  co-decision  with  the  Council,  the  European 
Parliament has established new programmes participating to further protection of children, 
such  as  the  programme  of  Community  action  in  the  field  of  public  health  (2003-2008), 
which  includes  an  important  component  on  the  health  of  children  and  young  people. 
Another  such  initiative  adopted  by  the  Parliament  and  the  Council  are  the  Daphne 
Programmes I, II and III aiming at promoting actions to combat violence against children, 
young  people  and  women,  following  the  Commission  success  with  its  predecessor:  the 
Daphne Initiative. Daphne I started in 2000, Daphne II (2004-2008) continued the work of 
Daphne I to prevent and combat all types  of violence against children, young people and 
women  extending  to  EFTA/EEA  and  EU  candidate  countries,  and  Daphne  III  (2007-2013) 
adds to the previous goals the further objective to attain a high level of health protection, 
well-being  and  social  cohesion.48  For  2012,  the  Commission  has  proposed  a  budget  of 
€17.955.000  for  this  programme,  with  focus  on  the  rights  of  victims  of  violence,  violence 
linked  to  harmful  practices,  children  as  victims  and  perpetrators  of  violence,  perpetrator 
programmes  and  interventions,  training  programmes  for  professionals  in  contact  with 
victims, and empowerment work at grass-roots level.49 

The Council of the European Union 

In the area of health, the Council of the European Union (the Council) adopted a 2007 
Recommendation on the prevention of injuries and the promotion of safety targeting seven 
groups,  including  children  and  adolescents.  The  Recommendation  called  for  combined 
actions  between  the  Commission  and  the  Member  States  to  develop  a  European 

45   European  Parliament  resolution  of  3  July  2003  on  child  trafficking  and  child  soldiers;  European  Parliament 
resolution of 5 July 2005 on the exploitation of children in developing countries, with a special focus on child 
labour; European Parliament resolution of 17 January 2006 on strategies to prevent the trafficking of women 
and  children  who  are  vulnerable  to  sexual  exploitation;  European  Parliament  resolution  of  12  March  2009 
migrant  children  left  behind  in  the  country  of  origin;  European  Parliament  resolution  of  2  April  2009  on 
educating the children of migrants. 

46   European Parliament resolution of 16 January 2008 ‘Towards an EU strategy on the rights of the child’. 
47   More information on the European Parliament Mediator for International Parental Child Abduction available at 
(6  March 

http://www.europarl.europa.eu/aboutparliament/en/000c205a13/Child-abduction-mediator.html, 
2012); More information on the Parliament hearing on Rights of Children available at: 
http://www.europarl.europa.eu/hearings/20070417/libe/summary_en.pdf, (6 March 2012). 
48   European Commission Brochure (2005), The Daphne Experience. – 1997-2003, available at: 

http://ec.europa.eu/justice_home/daphnetoolkit/files/others/daphne_experience/daphne_experience_en.pdf, 
(6 March 2012); more information on Daphne III Funding Programme available at: 
http://ec.europa.eu/justice/grants/programmes/daphne/index_en.htm, (6 March 2012). 

49   DAPHNE Annual Work Programme 2012, available at: 

http://ec.europa.eu/justice/newsroom/files/daphnewp2012.en.pdf, (6 March 2012). 

16 

 
 
 
 
 
 
                                                 
 
 
 
 
 
surveillance  system  for  more  efficiency  in  decisions  on  injury  prevention  and  the 
elaboration of national action plans on injury prevention and safety promotion.50  

EU Framework of Law for Children’s Rights 

instruments  promoting  children’s  protection 

Other  Council 
the  Council 
recommendation on the protection of minors and human dignity, and the recommendation 
on  the  prevention  of  smoking  and  on  initiatives  to  improve  tobacco  control  with  specific 
provisions  on  the  prevention  of  tobacco  sales  to  children  and  adolescents;  the  Council 
Resolution  on  unaccompanied  minors  who  are  nationals  of  third  countries,  and  Directive 
94/33/EC  on  the  protection  of  young  people  at  work,  adopted  with  the  purpose  of 
ensuring  that  young  people  are  protected  against  economic  exploitation  and  against  any 
work  likely  to  harm  their  safety  and  health  or  development  or  to  jeopardise  their 
education.51  

include 

Under  the Council’s  auspices,  the EU  has  also  developed  guidelines  promoting  the  rights 
of  the  child:    the  Guidelines  on  the  Promotion  and  Protection  of  Children’s  Rights,52 
focusing on combating all forms of violence against children. 

The Court of Justice of the European Union 

Finally,  the  CJEU  has  recognised  the  importance  of  the  protection  of  children  through  its 
decisions.53  It  did  so  basing  its  judgments  on  reasoning  that  referred  to  the  Charter  of 
Fundamental Rights (at that time not yet entered into force), the UNCRC, the International 
Covenant on Civil and Political Rights, but also in accordance with Member States’ right to 
take  necessary  measures  for  the  protection  of  young  persons  pursuant  to  a  number  of 
Community  law  instruments,  such  as  Directive  2000/31  on  electronic  commerce.54  In 
Dynamic Medien Vertriebs GmbH v Avides Media AG, the Court stated that ‘the protection 
of  the  child  is  a  legitimate  interest  which,  in  principle,  justifies  a  restriction  on  a 
fundamental freedom guaranteed by the EC Treaty, such as the free movement of goods’.55 

Other EU Bodies 

The  European  Forum  for  the  Rights  of  the  Child  is  an  example  of  an  EU  body 
established for the promotion and respect of children’s rights.56 The Forum was set up as a 
permanent group following the adoption of the Commission Communication ‘Towards an EU 

50   Council Recommendation of 31 May 2007 on the prevention of injury and the promotion of safety, OJ C 164, 

18.7.2007. 

51   Council of the European Union Recommendation 98/560/EC of 24 September 1998 on the development of the 
competitiveness  of  the  European  audiovisual  and  information  services  industry  by  promoting  national 
frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (OJ 
L 270, 7.10.1998, p. 48); Council of the European Union Recommendation 2003/54/EC of 2 December 2002 on 
the  prevention  of  smoking  and  on  initiatives  to  improve  tobacco  control;  Council  of  the  European  Union 
Resolution on unaccompanied minors who are nationals of third countries, 26 June 1997, 97/C 221/03; Council 
Directive 94/33/EC on the protection of young people at work (OJ L 216, 20.8.1994, p. 12). 

52   EU Guidelines for the Promotion and Protection of the Rights of the Child (2007), approved by the Council on 
10  December  2007,  available  at  http://www.consilium.europa.eu/uedocs/cmsUpload/16031.07.pdf,  (8 
February 2012). 

53   The  following  list  includes  some  notable  decisions  in  the  field  of  the  protection  of  children’s  rights  and 
illustrates the gradual progress of the Courts’ developments in the area: C-491/10 PPU, Aguirre Zarraga v Pelz  
22  December  2010;  Case  C-34/09,  Gerardo  Ruiz  Zambrano  v  Office  national  de  l’emploi  (ONEM),  8  March 
2011;  C-497/10  PPU,  Mercredi  v  Chaffe,  2010;  C-400/10  PPU,  J.McB  v  L.E,  5  October  2010;  C-211/10  PPU, 
Doris Povse v Mauro Alpago; Case C-256/09, Purrucker v Pérez. 

54   Dynamic  Medien  Vertriebs  GmbH  v  Avides  Media  AG,  C-244/06,  14  February  2008,  paragraph  41;  Directive 
2000/31/EC  of  the  European  Parliament  and  of  the  Council  of  8  June  2000  on  certain  legal  aspects  of 
information society services, in particular electronic commerce, in the Internal Market. 

55   Ibid. paragraph 42. 
56   European Forum on the Rights of the Child, available at http://ec.europa.eu/justice/fundamental-rights/rights-

child/european-forum/index_en.htm, (8 February 2012).  

17 

 
 
 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

It 

convenes 

representatives  of  Member  States, 

Strategy on the Rights of the Child’. It has met and issued reports annually since 2007, to 
promote  children’s  rights  in  the  EU’s  internal  and  external  actions.  The  Forum  plays  an 
advisory  role  towards  EU  institutions  and  provides  a  platform  for  the  exchange  of 
information. 
the  permanent 
intergovernmental group "l’Europe de l’Enfance",  the inter-institutional "European Network 
of  National  Observatories  on  Childhood"  (ChildONEurope),  UN  agencies,  the  Council  of 
Europe, civil society and children themselves to “contribute to the design and monitoring of 
EU  actions.  It  also  acts  as  an  arena  for  the  exchange  of  good  practice”.57  Since  it  first 
convened  in  June  2007,  the  Forum  has  focused  on  the  exploitation  of  children,  sexual 
offences  against  children,  child  pornography,  social  exclusion  and  poverty,  child 
participation, and data collection in the field of child-friendly justice and produced reports.58 
Unlike  its  gender  equality  counterpart,  the  European  Women’s  Lobby,  the  Forum  is  yet  to 
become a catalyst for children’s rights in the European Union. Effective use or integration in 
decision-making of the outcomes of the Forum’s meetings is not evident, yet.  

With the entry into force of the Lisbon Treaty, the EU has gained a specific legal foundation 
to  protect  children’s  rights.  The  next  section  discusses  the  impact  of  this  new  legal 
framework. 

4.2. 

  Impact of the Lisbon Treaty on the Competence of the EU in 

this Area 

4.2.1.  Lisbon Treaty 

With  the  adoption  of  the  Lisbon  Treaty,  the  protection  of  the  rights  of  the  child  has  been 
expressly  recognised  as  one  of  the  leading  objectives  of  the  EU  both  internally  and  in  its 
relations with the wider world. Children’s rights have found a statutory footing in Article 3 
of  the  Treaty  on  European  Union  (TEU)  which  requires  the  EU  to  promote  the 
protection  of  the  rights  of  the  child.  It  further  adds  that  ‘in  its  relations  with  the  wider 
world’ the Union must contribute to the protection of fundamental rights, in particular the 
rights of the child. In addition, Article 2 TEU includes the respect for fundamental rights as 
a core value of the EU. 

Other  notable  provisions  are:  Article  21  TEU  which  establishes  human  rights  and 
fundamental  freedoms  as  guiding  principles  of  EU  action  on  the  international  scene, 
creating  the  obligation  for  the  EU  to  consolidate  and  support  human  rights  in  its  policies; 
Article  6  TEU  which  requires  the  EU  to  accede  to  the  ECHR  as  previously  mentioned; 
Article 79 TFEU which provides that the European Parliament and the Council shall adopt 
measures  combating  trafficking  in persons,  in particular  women  and  children;  and Article 
83  TFEU  which  offers  the  possibility  for  the  European  Parliament  and  the  Council  to 
legislate on various crimes including the trafficking in human beings and sexual exploitation 
of women and children. 

The Lisbon Treaty contributes to reinforcing the capacity of the EU to safeguard children’s 
rights,  notably  through  the  legal  recognition  of  the  Charter.  Both  instruments  provide  a 
more visible and explicit recognition of the EU commitment to protect children’s rights. As a 
result  of  the  abolishment  of  the  pillars  system,  the  Lisbon  Treaty  further  strengthens  EU 

57   Ibid, 8. 
58   This  was  addressed  at  the  last  meeting  held  in  Brussels  on  23rd  of  November  2011.    No  meeting  so  far  has 
been  dedicated  to  the  condition  of  migrant  and  asylum  seeking  children.  See  Drywood,  E.  (2011),  ‘Child-
proofing’ EU law and policy: interrogating the law-making processes behind European asylum and immigration 
provision, International Journal of Children’s Rights 19, 418-419. 

18 

 
 
 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

legal  capacity  to  promote  the  rights  of  the  children,  notably  thanks  to  the  shared 
competence of the EU in area of freedom, security and justice.59 Lastly, Article 216 of the 
TFEU  enables  the  EU  to  conclude  international  conventions  within  the  framework  of  its 
policies or one of the EU’s objectives, allowing for the EU to sign international human rights 
instruments or to accede to existing children’s rights conventions through the conclusion of 
a Protocol. 

The  entry  into  force  of  the  Lisbon  Treaty  also  marks  the  incorporation  of  the  Charter  of 
Fundamental  Rights  of  the  European  Union  (the  Charter)  as  part  of  the  EU  legal 
framework,  on the  basis  of  Article  7  TEU.  It became  directly  binding  on  all  EU  institutions 
and Member States on 1 December 2009. The Charter enshrines the rights of the child, in 
particular in Article 24: 

1.  Children  shall  have  the  right  to  such  protection  and  care  as  is  necessary  for  their 
well-being.  They  may  express  their  views  freely.  Such  views  shall  be  taken  into 
consideration  on  matters  which  concern  them  in  accordance  with  their  age  and 
maturity.  

2.  In  all  actions  relating  to  children,  whether  taken  by  public  authorities  or  private 

institutions, the child’s best interests must be a primary consideration.  

3.  Every child shall have the right to maintain on a regular basis a personal relationship 
and direct contact with both his or her parents, unless that is contrary to his or her 
interests. 

The Charter establishes specific rights relevant to children, such as Article 14 establishing 
a  right  to  education  and  Article  32  prohibiting  child  labour  and  providing  guarantees  for 
the protection of young people at work. 

The Charter establishes that EU policies directly or indirectly affecting children must 
be designed, implemented and monitored taking into account the principle of the 
best interests of the child. The EU must guarantee the right to such protection and care 
as is necessary for the well-being of children, in particular the need to protect children from 
abuse,  neglect  and  violations  of  their  rights,  and  situations  which  endanger  their  well-
being.60 

Concretely,  the  Charter  requires  a  legal  review  of  European  law  in  light  of  the  Charter’s 
rights.  For  example,  any  custody  regulations  or  lawsuit  before  the  CJEU  must  be 
interpreted in light of Article 7 of the Charter (right for private and family life) and taking 
into consideration the child’s best interests, as recognised in Article 24(2).61 However, the 
Charter does not allow for cases to be brought directly before the CJEU nor does it extend 
the competencies of the European Union's institutions as defined in the Treaties.62 

4.2.2. 

Impact on EU Competence 

The Lisbon Treaty placed the rights of the child at the forefront of the EU agenda. While the 
Treaty,  together  with  the  Charter,  provides  legal  grounds  for  EU  action  in  the  area  of 

59   The  shared  competence  allows  the  EU  and  Member  States  to  adopt  binding  acts  in  these  fields.  However, 

Member States cannot exercise competence in areas where the Union has done so. 

60   European Commission, DG Justice, Fundamental Rights, available at  

http://ec.europa.eu/justice/fundamental-rights/index_en.htm, (7 February 2012). 

61   Court of Justice of the European Union, case C-400/10 PPU, J.McB V L.E. [2010], paragraph 60; See also CRIN, 

the European Union and child rights, available at: 
http://www.crin.org/resources/infoDetail.asp?ID=18063&flag=report, (7 February 2012). 

62   Article 6 of the amended Treaty on the European Union and Article 51(2) of the Charter. 

19 

 
 
 
 
 
 
 
                                                 
 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

children’s rights, neither the Charter nor the Lisbon Treaty confer a competence on the EU 
as  a  general  policy  area.  However,  the  new  legal  provisions  create  an  obligation  for 
the EU to take measures targeted at the fulfilment of children’s rights, in addition 
to the international requirement, now part of EU law with the entry into force of the Lisbon 
Treaty,  to  consider  the  best  interests  of  the  child  when  adopting  decisions  affecting 
children.63  

Despite  the  absence  of  specific  competence  to  legislate  on  children’s  rights,  EU  actions 
related to children’s rights have a direct impact on the law and policies that affect children 
in the Member States. Child-friendly justice is an area where the EU has actively elaborated 
measures  to  ensure  the  respect  and  promotion  of  the  rights  of  the  child  in  judicial 
proceedings. Based on the EU ability to legislate on the rights of victims of crime under the 
Lisbon Treaty64, the Commission has adopted a proposal for a Directive on victims’ rights, 
with  a  higher  level  of  protection  of  children  as  vulnerable  victims.65  It  has  also  supported 
the  revision  of  EU  legislation  on  parental  responsibility  with  a  view  to  ensuring  the  best 
interests  of  the  child  and  contributed  to  promoting  the  Council  of  Europe’s  Child-Friendly 
Justice Guidelines.66 

The  Lisbon  Treaty  enhanced  the  EU’s  capacity  to  adopt  binding  legal  instruments  on  child 
protection issues previously regulated under the third pillar.67 The competence of the EU as 
far as children are concerned remains however limited to the aspects identified by Articles 
81  and  82(2)  TFEU  namely:  (1)  facilitating  the  mutual  admissibility  of  evidence  between 
the  Member  States  in  judicial  procedures;  (2)  supporting  the  rights  of  people  during  the 
civil and criminal processes; (3) protecting victims of crime; and (4) measures relating to 
family  law,  including  matters  relating  to  child  custody,  where  they  have  cross-border 
effects or affect the common market.68 In addition, the competence in criminal matters is 
restrained  to  a  list  of  serious  crimes  under  Article  83(1)  TFEU:  terrorism,  trafficking  in 
human  beings  and  sexual  exploitation  of  women  and  children,  illicit  drug  trafficking,  illicit 
arms  trafficking,  money  laundering,  corruption,  counterfeiting  of  means  of  payment, 
computer crime and organised crime. This list can be extended to other aspects of criminal 
procedure by unanimous decisions of the Council with the approval of the Parliament.69  

Within the EU, the responsibility for policies targeted at children sits with the Commissioner 
for  Justice,  Fundamental  Rights  and  Citizenship.  Other  institutions  also  can  take  specific 
action for the fulfilment of children’s rights within their area of competence. 

the  UNCRC  been 

63   Save  the  Children  (2011),  Governance  Fit  for  Children,  To  what  extent  have  the  general  measures  of 
Institutions?,  12,  available  at 
(8 

implementation  of 
realised 
http://europe.savethechildren.se/Global/scs/EUROPE/Our%20focus/Gov_for_children/EU_webb_final.pdf 
February 2012). 
64   Article 82 TFEU. 
65   European  Commission  (2011),  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council 
establishing minimum standards on the rights, support and protection of victims of crime, COM(2011) 275. 
66   Action  Plan  Implementing  the  Stockholm  Programme,  COM(2010)  171;  European  Commission  (2011), 
Communication from the Commission to 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, COM(2011) 60, 6-8. 
67   Stalford,  H.,  and  Schuurman,  M.  (2011),  Are  We  There  Yet?:  the  Impact  of  the  Lisbon  Treaty  on  the  EU 

the  EU 

in 

Children’s Rights Agenda, International Journal of Children’s Rights 19, 383–385. 

68   Stalford,  H.,  and  Schuurman,  M.  (2011),  Are  We  There  Yet?:  the  Impact  of  the  Lisbon  Treaty  on  the  EU 
Children’s Rights Agenda, International Journal of Children’s Rights 19, 386 and  Remien, O. (2001), European 
private international law, the European community and its emerging area of freedom, security and justice, CML 
Rev 38, 73 -74. 

69   Stalford,  H.,  and  Schuurman,  M.  (2011),  Are  We  There  Yet?:  the  Impact  of  the  Lisbon  Treaty  on  the  EU 
Children’s Rights Agenda, International Journal of Children’s Rights 19, 386 and  Peers , S. (2008), EU criminal 
law and the TL, European Law Review 33 (4), 507 – 529. 

20 

 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

4.2.3.  Changes in EU Policies and Legislation after the Lisbon Treaty 

Since  the  entry  into  force  of  the  Lisbon  Treaty  on  1  December  2009,  a  number  of 
instruments,  including  policy  and  legislative  acts,  relevant  to  children’s  rights  have  been 
adopted.  

The Commission 

The  Commission  has  actively  participated  in  advancing  the  rights  of  the  child  in  the  EU 
through  its  Communication  ‘An  EU  Agenda  for  the  Rights  of  the  Child’.70  The  Agenda 
aims at stepping up efforts in protecting and promoting the rights of children in all relevant 
EU policies  and actions, and ‘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 agenda’s 11 concrete actions include contributing to children’s well-
being  in  different  areas,  such  as  children  at  risk  of  poverty,  disabled  children,  victims  of 
sexual  exploitation  and  trafficking,  children  seeking  asylum,  unaccompanied  or  separated 
children, early school leaving, Roma children, runaway children, child alert mechanisms and 
a hotline (number 116 000) for missing children.71 In particular, it points to the following: 

 

the  adoption  of  proposals  for  a  Directive  on  victims’  rights  to  raise  the  level  of 
protection of vulnerable victims, including children (adopted on 18 May 2011)72  

  proposals  for  a  Directive  on  special  safeguards  for  suspected  or  accused  persons 

who are vulnerable (expected to be adopted in May 2012)73  

  promoting  the  use  of  the  Council  of  Europe  Guidelines  of  17  November  2010  on 

child-friendly justice 

The Europe 2020 Strategy, which sets out a vision of Europe’s social market economy for 
the 21st century, sets concrete targets for children and youth with a focus on education and 
training.74 Such targets include the reduction of early school leavers to less than 10% and 
giving  all  children  access  to  early  childhood  education  and  care.75  The  2020  Strategy 
established  a  flagship  initiative  ‘Youth  on  the  Move’  that  aims  to  improve  education  and 
training  systems  at  all  levels,  strengthen  policy  efforts  for  improving  youth  employment 
and increase EU youth mobility for learning purposes and on the labour markets.76 

The  fulfilment  of  children’s  rights  relies  also  on  child-friendly  policies  in  areas  such  as 
employment, environment, security or migration.  

70   European Commission (2011), Communication from the Commission to 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, COM(2011) 60. 

71   European Commission (2011), Communication from the Commission to 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, COM(2011) 60, 11. 

72   European Commission (2011), Proposal for a Directive of the European Parliament and the Council establishing 

minimum standards on the rights, support and protection of victims of crime, COM(2011) 275. 

73   See European Commission, DG Justice, Initiative: Roadmap for the legislative proposal on special safeguards in 
for  Suspected  or  accused  persons  who  are  vulnerable,  available  at 
(9 

criminal  procedures 
http://ec.europa.eu/governance/impact/planned_ia/docs/2012_just_016_vulnerable_persons_en.pdf, 
February 2012). 

74   European  Commission  (2010),  Communication  from  the  Commission,  EUROPE  2020:  A  strategy  for  smart, 

sustainable and inclusive growth, COM(2010) 2020. 

75   European Commission (2011), Communication from the Commission to the European Parliament, the Council, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  Tackling  early  school 
leaving: A key contribution to the Europe 2020 Agenda, COM(2011) 18. 

76   Youth on the Move, http://ec.europa.eu/youthonthemove/index_en.htm, (8 February 2012). 

21 

 
 
 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

The Commission issued an action plan on unaccompanied minors (2010-14) to address 
the growing challenge of third-country nationals or stateless minors arriving on EU territory 
unaccompanied  by  a  responsible  adult,  or  who  are  left  unaccompanied  after  entering  EU 
territory.77  The  plan  stresses  the  need  to  respect  the  rights  of  the  child  as  set  out  in  the 
Charter  of  Fundamental  Rights  and  the  UNCRC,  in  particular  the  principle  of  ‘the  best 
interests  of  the  child’.  This  includes  placing  unaccompanied  minors  in  appropriate 
accommodation  and  treating  them  ‘in  a  manner  that  is  fully  compatible  with  their  best 
interests’. Where detention is exceptionally justified, it should be ‘used only as a measure 
of last resort, for the shortest appropriate period of time and taking into account the best 
interests of the child as a primary consideration’.78 

The Commission’s Communication ‘Putting the Charter of Fundamental Rights into practice’ 
emphasises  the  need  to  inform  the  public,  in  particular  children  and  young  people,  about 
their rights in a child-friendly manner.79   

In  2009,  the  EU  launched  the  Children  in  the  Union:  Rights  and  Empowerment 
initiative (CURE), which has the mission to raise awareness on best practices to protect 
the child victim within the criminal justice system. In its 2010 official report, CURE provides 
recommendations to the Commission and EU Member States to give further considerations 
to child victims in legislation and policies.80 

The  EU  has  continued  to  develop  external  action  towards  specific  children’s  rights.  With 
respect  to  combating  child  labour,  the  EU  was  scheduled  to  prepare  a  report  by  end  of 
2011  on  the  worst  forms  of  child  labour  and  trade.  Concerning  safeguarding  the  rights  of 
children  in  and  affected  by  armed  conflicts,  the  EU  developed  the  2010  Implementation 
Strategy  of  EU  Guidelines  on  Children  in  Armed  Conflicts.  The  2011  Communication 
addresses child sex tourism.81 The EU is the largest donor of development aid in the world 
and  contributes  extensively  to  humanitarian  aid,  proving  the  EU  with  leverage  in 
development cooperation to include children’s rights protection goals. As a member of the 
G20 and a UN observer, the EU plays a key role in international fora. It participates actively 
in  peace-building  efforts  in  conflict-affected  countries  and  influences  international  policy 
debates  in  areas  such  as  climate  change,  energy,  terrorism,  migration,  development  and 
trade, which have significant, although perhaps less visible, impacts on children.82 

The European Parliament 

The  European  Parliament  has  used  the  Charter  as  a  basis  for  new  efforts  towards  the 
protection  of  children.  Based  on  Article  14  of  the  Charter,  the  Parliament,  on  its  own 
initiative following a Commission Communication, set an EU strategy for youth with a focus 
on  education  and  training,  employment  and  entrepreneurship,  health,  well-being  and 

77   European  Commission  (2010),  Communication  from  the  Commission  to  the  European  Parliament  and  the 

Council: Action plan on unaccompanied minors, COM(2010) 213. 

78   Ibid, 2 and 9. 
79   European  Commission  (2010),  Communication  from  the  Commission:  Putting  the  Charter  of  Fundamental 

Rights into Practice, COM(2010) 573. 

80   Crime  Victim  Compensation  and  Support  Authority,  CURE  project  recommendations,  available  at 

http://www.brottsoffermyndigheten.se/Sidor/EPT/CURE%20-
%20Puffar/Bilder/CURE%20recommendations.pdf, (9 February 2012). 

81   European Commission (2011), Communication from the Commission to 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, COM(2011) 60, 13. 

82   Save  the  Children  (2011),  Governance  Fit  for  Children,  To  what  extent  have  the  general  measures  of 
at 
(8 

implementation 
realised 
http://europe.savethechildren.se/Global/scs/EUROPE/Our%20focus/Gov_for_children/EU_webb_final.pdf 
February 2012). 

the  UNCRC  been 

Institutions?,  9, 

the  EU 

available 

of 

in 

22 

 
 
 
 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

environment, participation and social inclusion.83 The European Parliament, jointly with the 
Council  also  adopted  Directive  2011/92/EU  on  combating  the  sexual  abuse,  and  sexual 
exploitation of children and child pornography referring to Article 24(2) of the Charter.84 

In areas affecting children, the Parliament has adopted an EU strategy on Roma, based on 
its  own  initiative  procedure  following  a  Commission  Communication,  including  a  specific 
focus  on  the  education  of  Roma  children  and  youth.85  Furthermore  the  Parliament  has 
voted resolutions on the situation of single mothers with specific regards to ensure access 
to affordable and quality childcare, the elimination of discrimination and social exclusion, as 
well  as  Parliament  resolutions  on  preventing  trafficking  in  human  beings  and  on  the 
European  Platform  against  poverty  and  social  exclusion  providing  further  protection  for 
children.86   

New  European  Parliament  initiatives  include  the  Alliance  for  children,  an  informal  cross-
party and cross-committee group, recently set up aiming at mainstreaming children rights 
across EU actions and programmes, as well as improving the quality of work taking place in 
the European Parliament on protection of children's rights.87 

In  the  area  of  Information  Society  and  Media,  the  Parliament,  jointly  with  the  Council, 
adopted Directive 2010/13/EU (Audiovisual Media Services Directive), requiring all 
media  services  to  take  full  account  of  the  interests  of  EU  citizens,  including  the  most 
vulnerable  users.  The  Directive  contains  comprehensive  rules  seeking  to  protect  minors 
from inappropriate on-demand media audiovisual services where ‘human dignity should be 
carefully balanced with the fundamental right to freedom of expression as laid down in the 
Charter’.88  For  example,  the  Directive  bans  the  inclusion  of  harmful  content  in  any 
programme, which could seriously impair minors’ well-being and safety. 

The Court of Justice of the European Union 

The CJEU has heard a few cases directly relevant to the rights of the child since the entry 
into force of the Lisbon Treaty, in particular with respect to aspects of citizenship and the 

83   European  Parliament  resolution  of  18  May  2010  on  ‘An  EU  Strategy  for  Youth  –  Investing  and  Empowering’; 
European Commission (2009), ‘Communication from the Commission to the Council, the European Parliament, 
the European Economic and Social Committee and the Committee of the Regions An EU Strategy for Youth – 
Investing  and  Empowering  A  renewed  open  method  of  coordination  to  address  youth  challenges  and 
opportunities’, COM92009) 200. 

84   Directive 2011/92/EU of the European Parliament and of the Council on combating the sexual abuse and sexual 
exploitation  of  children  and  child  pornography,  and  replacing  Council  Framework  Decision  2004/68/JHA; 
Position of the European Parliament adopted at first reading on 27 October 2011 with a view to the adoption of 
Directive 2011/92/EU of the European Parliament and of the Council on combating the sexual abuse and sexual 
exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA. 

85   European Parliament resolution of 9 March 2011 on the EU strategy on Roma inclusion; European Commission 
(2010),  ‘Communication  From  The  Commission  To  The  Council,  The  European  Parliament,  The  European 
Economic And Social Committee And The Committee Of The Regions - The social and economic integration of 
the Roma in Europe’, COM(2010) 0133. 

86   European  Parliament  resolution  of  25  October  2011  on  the  situation  of  single  mothers;  European  Parliament 
resolution of 10 February 2010 on preventing trafficking in human beings; European  Parliament resolution  of 
15 November 2011 on the European Platform against poverty and social exclusion. 

87   See: 

http://www.europarl.europa.eu/news/en/headlines/content/20110328STO16533/html/EP-alliance-to-protect-
children-in-Europe-and-beyond;   
http://www.eurochild.org/index.php?id=208&tx_ttnews%5Btt_news%5D=1819&tx_ttnews%5BbackPid%5D=1
85&cHash=cc6d4444ebae436b2a844a082a0ea2a8, (6 March 2012). 

88   Heading 60 of 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) 

23 

 
 
 
 
 
 
                                                 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

right  to  respect  for  private  and  family  life.89  In  J.McB  v  L.E.,90  the  Court  held  that  ‘the 
provisions  of  that  regulation  [Regulation  No  2201/2003]  cannot  be  interpreted  in  such  a 
way  that  they  disregard  that  fundamental  right  of  the  child,  the  respect  for  which 
undeniably merges into the best interests of the child’, as guaranteed by Article 24 of the 
Charter.91  In  Gerardo  Ruiz  Zambrano  v  Office  national  de  l’emploi,  the  Court  stated  that 
‘Article  20  TFEU  is  to  be  interpreted  as  meaning  that  it  precludes  a  Member  State  from 
refusing  a  third  country  national  upon  whom  his  minor  children,  who  are  European  Union 
citizens,  are  dependent,  a  right  of  residence  in  the  Member  State  of  residence  and 
nationality of those children, and from refusing to grant a work permit to that third country 
national, in so far as such decisions deprive those children of the genuine enjoyment of the 
substance of the rights attaching to the status of European Union citizen’.92 

4.2.4.  Monitoring of the Respect of Children's Rights 

The  Commission  has  played  an  active  role  in  promoting  children’s  rights  in  EU  policies, 
including  through  legislative  initiatives  and  soft  law,  among  which  the  key  Commission 
Communications as mentioned above. The following measures have been taken to ensure a 
follow-up of these actions. 

The Commission Communication on ‘Strategy for effective implementation of the Charter of 
Fundamental  Rights’  requires  the  Commission  to  perform  a  ‘fundamental  rights 
check’  of  EU  draft  legislation  to  ensure  its  compatibility  with  the  fundamental  rights 
guaranteed  by  the  Charter.93  The  Commission  also  endeavours  to  promote  and  advance 
children’s  rights  at  the  international  level  by  defining  an  EU  Action  Plan  on  Children  in 
External Action.94 

The  Commission  reports  annually  on  the  application  of  the  Charter.95  In  its  2010 
report,  the  Commission  points  out  that  the  rights  of  the  child  were  the  most  frequently 
raised issues among the rights and freedoms under the title ‘Equality’. The report identifies 
the main concerns in the area of child rights: the issue of the removal of the child from the 
custody  of  one  or  both  parents,  missing  children,  sexual  exploitation  of  children  and  child 
pornography, protection of unaccompanied migrant children in the EU and disabled children 
living separated from their parents in state institutions.96 

In  a  report by  the  Fundamental  Rights  Agency  of  the  European  Union  (FRA),  the  FRA has 
developed  indicators  for  the  protection,  respect  and  promotion  of  children’s  rights  in  the 
Union  on  the  basis  of  EU  competence  in  this  area.  These  indicators  cover  such  areas  as 
family  environment  and  alternative  care,  protection  from  exploitation  and  violence, 

89   Case  C-256/11,  Murat  Dereci,  Vishaka  Heiml,  Alban  Kokollari,  Izunna  Emmanuel  Maduike,  Dragica  Stevic  v 
Bundesministerium für Inneres [2011] ECR I-0000, where the Court applied the Treaty provisions concerning 
citizenship of the Union and right to respect for private and family life towards the protection of children. 

90   C-400/10, J.McB v L.E. [2010] PPU. 
91   Ibid, paragraph 60. 
92   Case C-34/09, Gerardo Ruiz Zambrano v Office national de l’emploi, [2009] OJ C 90. 
93   European Commission (2010), Communication from the Commission: Strategy for the effective implementation 
of  the  Charter  of  Fundamental  Rights,  COM(2010)  573.  The  Communication  provides  a  fundamental  rights 
‘check-list’ to ensure that all the fundamental rights have been respected in all draft proposals. 

94   European Commission (2008), Communication from the Commission to the Council, the European Parliament, 
the European Economic and Social Committee and the Committee of the Regions: A Special Place for Children 
in EU External Action, COM(2008) 55. 

95   The Commission annual reports on the application of the Charter are available at: 

http://ec.europa.eu/justice/fundamental-rights/charter/application/index_en.htm, (16 February 2012). 

96   European  Commission  (2011),  Report  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European Economic and Social Committee and the Committee of the Regions: 2010 Report on the Application 
of the EU Charter of Fundamental Rights, COM(2011) 160. 

24 

 
 
 
 
 
                                                 
 
 
EU Framework of Law for Children’s Rights 

education,  citizenship  and  cultural  activities,  and  adequate  standard  of  living.97  These 
indicators, aiming at evaluating the impact of EU law and policy on children in the Member 
States, range from the existence of legal obligations to the availability of specialised health 
care (including free HIV testing) for children exploited in prostitution.  

5. THE  CAPACITY  OF  EXISTING  INSTRUMENTS  TO 

FACILITATE CHILDREN’S RIGHTS 

KEY FINDINGS 
  An  extensive  range  of  international  instruments  recognises  the  human  rights  of 

children and provides for specific protection of children. 

  EU  Member  States  have  widely  ratified  international  instruments,  providing  for 

effective children’s rights protection at the national level. 

  The  European  Union  framework  is  more  limited  in  its  scope  than  the  international 

standards. 

  Future EU accession to the ECHR and adherence to the UNCRC can remedy the gap. 

As shown above, many legal and policy instruments have been developed to strengthen the 
protection  of  children  based  on  their  vulnerability  in  various  social,  economic  or  legal 
contexts.  This  section  and  its  accompanying  Annex  provide  a  detailed  review  of  the  legal 
framework  provided  by  existing  instruments  at  the  international,  regional  and  EU  level, 
with a deeper look at the rights and legal protection they offer for children with the aim of 
facilitating the gap analysis taking place in the following section.  

Member  States  are  bound  by  international  and  regional  conventions  upon  ratification  of 
such  instruments.  Considering  the  wide  ratification  of  EU  Member  States  of  international 
and regional treaties, a strong protection of children’s rights already exists at the national 
level.  EU-level  instruments,  on  the  other  hand,  require  the  EU  to  adopt  measures.  EU 
institutions are not bound by international and regional instruments. While the EU has the 
possibility  to  accede  to  some  international  and  regional  instruments,  this  option  is  either 
not  available  for  most  international  instruments  with  regards  to  children’s  rights,  such  as 
the  UNCRC,  or  the  EU  has  not  yet  made  use  of  the  option  in  the  case  of  the  Council  of 
Europe’s  instruments  allowing  for  such  accession.  EU  accession  would  serve  as  an 
additional  layer  of  protection  for  children’s  rights  and  reinforce  EU  commitment  and 
legislative efforts to fulfil children’s rights. 

5.1. 

Review of Existing Instruments at the International Level 

Children’s  rights  have  slowly  risen  on  the  international  agenda  starting  as  early  as  the 
1970s ILO conventions, and progressing to the development of various instruments ranging 
from the comprehensive UN Convention on the Rights of the Child, ILO conventions focused 
on  labour  rights  related  to  children,  and  specialised  instruments  such  as  the  protocol  on 
children in armed conflict. 

As  per  the  guide  in  the  Annex,  the  UNCRC  and  its  Optional  Protocols  provide  a  rather 
comprehensive  set  of  rights  ensuring  the  protection  of  children,  ranging  from  civil  and 
political rights to socio-economic rights. The UNCRC sets important international standards 

97   European  Union  Agency  for  Fundamental  Rights  (2010),  Report  on  developing  indicators  for  the  protection, 

respect and promotion of the rights of the child in the EU, available at:   
http://fra.europa.eu/fraWebsite/research/publications/publications_per_year/2010/pub-rightsofchild-
summary_en.htm, (13 February 2012). 

25 

 
 
 
 
 
 
                                                 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

that  have  been  closely  followed  by  subsequent  EU  legislative  instruments.  On  the  other 
hand,  the  ILO  Conventions  offer  fundamental  minimal  protection  against  child  labour  and 
the worst forms of child labour. While the ILO instruments have achieved wide ratification, 
by  more  than  160  countries  world-wide,  including  all  EU  Member  States,  and  have 
integrated  standards  for  child  labour  in  the  corpus  of  fundamental  norms  of  international 
law, the conventions grant rather minimal protection with the possibility for States to set a 
minimum  age  as  low  as  12  years  old  under  specific  conditions,  and  leaving  States  to 
determine  the  types  of  labour  falling  under  ‘worst  form  of  labour’  and  necessary 
implementation measures. 

5.2. 

Review of Existing Regional Instruments  

The  Council  of  Europe  has  created  an  important  set  of  rights  related  to  the  protection  of 
children through a set of legally binding instruments. Most of the Conventions also establish 
monitoring  mechanisms,  which  promote  better  compliance  in  the  Council’s  47  Member 
States. In addition, the ECHR and the European Social Charter allow individuals or entities 
to  lodge  a  complaint  for  the  violation  of  the  rights  set  by  those  instruments  before  the 
European Court of Human Rights or the European Committee of Social Rights, respectively. 

From  the  Annex’s  review  of  instruments,  it  emerges  that  the  Council  of  Europe  has  set  a 
number of principles and rights for the protection of children. While the Council has mostly 
been active in providing rights for children in the context of family life, its instruments also 
provide social and economic protection to children, in the European Social Charter and the 
convention against sexual abuse, as well as specific procedural protection in the European 
Convention  on  the  Exercise  of  Children’s  Rights.  In  addition,  the  ECHR  offers  legal 
protection  to  children  as  its  provisions  apply  to  everyone  within  States’  jurisdiction, 
including children. 

5.3. 

Review of Existing Legal Provisions at the EU Level 

Following  the  entry  into  force  of  the  Lisbon  Treaty,  children’s  rights  became  a  legally 
enforceable aim of the EU through two instruments: the Treaty on European Union and the 
Charter of Fundamental Rights of the European Union. 

As  shown  in  the  Annex,  the  EU  Treaties  now  provide  a  legal  foundation  for  the  EU  to 
promote  the  protection  of  the  rights  of  the  child  in  its  internal  and  external  policies.  In 
addition, the Charter sets specific rights, which reflect international standards, such as the 
UNCRC’s  ‘best  interests  of  the  child’  without,  however,  constituting  a  legal  basis  for 
legislative proposals. 

5.4. 

Findings on Children’s Rights under the EU Legal Framework 
Compared to the International Standards 

While the Union has gradually taken steps to strengthen its commitment and approach to 
children’s  rights  through  the  adoption  of  specific  Communications  and,  most  recently,  the 
references to the rights of the child in the Lisbon Treaty and in the Charter, these measures 
lack  legal  strength.  Primarily,  they  encompass  broad  commitments  and  policy  objectives 
rather than specific legal obligations.  

Despite the progressive development towards the implementation of the UNCRC, the legal 
provisions  in  the  EU  Treaties  fall  short  of  reflecting  all  the  international  standards 
encapsulated in the UNCRC and other international and regional instruments. While the TEU 

26 

 
 
 
 
 
 
 
 
EU Framework of Law for Children’s Rights 

and  Charter  highlight  the  need  for  the  protection  of  children’s  rights,  the  legal  scope  is 
restrained to an obligation for the EU to promote children’s rights in its policies. The TFEU 
also  provides  a  narrow  margin  of  manoeuver  for  EU  institutions  to  adopt  comprehensive 
legislative measures for the fulfilment of children’s rights, albeit limited to matters such as 
judicial cooperation, human trafficking and sexual exploitation of women and children. The 
EU  therefore  faces  a  challenge  to  design  a  regulatory  framework  that  comprehensively 
covers both external and internal actions within a rather limited legal foundation. 

While the EU refers to the UNCRC through various policy tools, the EU is not a State Party 
to the Convention. This is partly because the UNCRC does not allow regional organisations 
to  accede  to  the  Convention.  The  EU  could,  however,  declare  itself  bound  by  the  UNCRC 
provisions  through  a  unilateral  declaration  of  adhesion,  such  as  was  the  case  for  the  EU 
with respect to the UN Convention on Disability Rights, or, since the EU has the power to 
conclude international agreements, it could conclude a protocol declaring its commitment to 
the UNCRC and its principles. It is noted that the EU can only bind itself to the provisions of 
the UNCRC which fall within EU competence.98  EU accession to the UNCRC would be an 
effective  means  to  fill  the  gap  between  EU  and  international  legal  standards  for 
the  protection  of  children.  It  would  provide  further  support  to  the  EU  commitment  to 
promote the rights of the child within and outside the Union. In addition, as a result of the 
accession  to  the  UNCRC, the EU would  be  required  to  comply  with the  UNCRC Committee 
reporting process allowing for a periodic review of EU compliance with the Convention and 
an assessment of EU efforts in this area. 

In line with the UNCRC, the accession of the EU to the ECHR will add further legal strength 
to EU human rights policies and initiatives, including those related to children. The ECHR is 
a  well-recognised  instrument,  which,  together  with  the  jurisprudence  developed  by  the 
European  Court  of  Human  Rights,  establishes  strong  human  rights  standards.  Its  scope 
includes children’s rights, albeit not explicitly. EU accession to the ECHR is soon to become 
a  reality  as  the  result  of  the  current  negotiation  of  the  EU  with  the  Council  of  Europe  in 
compliance  with  Article  6  of  the  TEU.  While  originally  the  ECHR  did  not  allow  regional 
organisations to become party to the Convention, since 2004, Article 59 of the ECHR offers 
the possibility for the EU to accede to the Convention.99 

98   Save  the  Children  (2011),  Governance  Fit  for  Children,  To  what  extent  have  the  general  measures  of 
Institutions?,  14,  available  at 
(8 

implementation  of 
realised 
http://europe.savethechildren.se/Global/scs/EUROPE/Our%20focus/Gov_for_children/EU_webb_final.pdf 
February 2012). 

the  UNCRC  been 

the  EU 

in 

99   The modification was introduced by the Protocol No. 14 to the Convention for the Protection of Human Rights 

and Fundamental Freedoms, amending the control system of the Convention, 13 May 2004. 

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Policy Department C: Citizens' Rights and Constitutional Affairs 

6. GAP ANALYSIS AND OPTIONS FOR FUTURE ACTIONS 

The  protection  of  the  rights  of  the  child,  as  an  objective  of  the  EU,  serves  as  a  guiding 
principle  for  the  interpretation  of  the  Treaties.  This  section  analyses  how  the  EU,  and  in 
particular the Parliament, might enhance the protection and promotion of children’s rights 
within  the  post-Lisbon  Treaty  policy  framework.  The  new  institutional  framework  defines 
three  categories  of  competence,  with  different  legal  characteristics:  the  EU  may  have 
exclusive competence, shared competence or competence only for supporting, coordinating 
or  supplementary  action.  The  areas  where  the  EU  and  the  Member  States  share 
competence  include  matters  such as  social  policy,  environment,  and  consumer protection, 
which  might  have  particular  implications  for  children’s  rights.  Achieving  the  ambitions 
discussed below needs more than the political will of key actors. The allocation of sufficient 
resources  is  essential,  through  the  re-orientation  of  existing  budgetary  lines  as  well  as 
investment in sufficient human resources. 

6.1. 

Results of the Gap Analysis 

KEY FINDINGS 
  Enhanced  EU  legal  competence  to  adopt  measures  targeted  at  the  fulfilment  of 
children’s rights may be needed to achieve the aims of the Commission’s 2006 and 
2011 Communications. 

  The EU is obliged to take measures targeted at fulfilling the rights of the child and to 

take into due consideration the principle of the child’s best interest. 

  A  children’s  rights  based  interpretation  of  Title  II  TFEU  would  provide  concrete 
opportunities to enhance children’s rights through EU legal and policy measures. 
  Through invoking a ‘passerelle clause’, the EU could expand its competence to enact 

legislative provisions to advance children’s interests in the context of family justice. 

  The  situation  of  children  in  the  EU  could  be  improved  through  mainstreaming 
children’s rights in the daily work of the EU across all of its areas of competence. 

The  Lisbon  Treaty  provides  an  opportunity  to  enhance  the  rights  of  the  child  in  the 
framework of the EU Treaties. It introduced explicit references to children’s rights into both 
the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European 
Union (TFEU). It also altered the procedural and institutional structures of the EU, enabling 
the  enhancement  of  the  capacity  of  the  EU  institutions  and  the  Member  States  and 
advocating  for  protection  and  promotion  of  children’s  rights.  This  section  analyses  the 
Lisbon  reform  and  the  way  it  might  support  future  actions  of  the  European  institutions  in 
general and of the European Parliament in particular in this area. 

6.1.1.  Legislative Competence in Relation to Children’s Rights  

In  recent  decades  children’s  rights  have  become  a  prominent  aspect  of  the  EU’s  social 
agenda.  Three  events  have  reinforced  this  trend:  the  publication  in  July  2006  of  the 
Commission  Communication  ‘Towards  a  Strategy  on  the  Rights  of  the  Child’;100  the  entry 
into  force  of  the  Lisbon  Treaty  in  December  2009;  and  the  launch  of  the  EU  Agenda  for 
Children’s Rights in February 2011.101 Although they aim to develop a logical and inclusive 
operational  approach  to  children’s  rights,  the  limited  legal  competence  to  formulate 

100  European Commission (2006), Commission Communication: Towards an EU strategy on the rights of the child, 

COM(2006) 367. 

101  European Commission (2011), Communication from the Commission to 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, COM(2011) 60. 

28 

 
 
 
 
                                                 
 
EU Framework of Law for Children’s Rights 

children’s  rights  measures  have  hampered  such  actions  until  today.  While  the  Lisbon 
Treaty, with the EU Charter, provides further legal weight and guidance for EU action in the 
area of children’s rights, neither instrument confers a general competence, or legal basis to 
act, on the EU.  

The inclusion of children’s rights as an objective of the Treaty, such as in Article 3 
TEU, does not specifically reinforce the EU’s competence to advance these rights. 
It  rather  serves  to  guide  the  interpretation  and  implementation  of  the  Treaties’ 
provisions.  Opportunities  to  enhance  children’s  rights  through  EU  measures  need  to  be 
identified in more universal provisions, such as Articles 9 and 10 TFEU. 

6.1.2.  Procedural Legislative Aspects  

The  Lisbon  Treaty  expanded  the  use  of  what  is  now  the  ordinary  legislative  procedure. 
Arguably,  this  process  allows  for  a  more  democratic  legitimacy,  because  it  requires  co-
decision  by  the  Council  and  the  European  Parliament.102  It  applies,  among  others,  in  one 
area  that  can  affect  children’s  rights,  such  as  criminal  law.103  On  the  other  hand,  cross-
border family law and non-discrimination legislation in general may be subject to a special 
procedure, with reduced involvement of the Parliament. In these latter areas, it is possible 
to  invoke  a  ‘passerelle  clause’,  which  allows  for  the  use  of  the  ordinary  procedure  on 
further  range  of  issues.  The  activation  of  the  passerelle  clause  must  be  authorised  by  the 
Council.104  

Another innovation of the Lisbon Treaty, the ‘Citizens Initiative’,105 was welcomed by the 
Parliament  as  a  means  to  stimulate  dialogue  among  civil  society,  young  citizens,  and  the 
EU  institutions.106  Citizens  initiatives  and  the  Parliament’s  prerogative,  which  existed 
already  under  previous  Treaties,  to  invite  the  Commission  to  present  legislative  proposals 
represent  possible  ways  to  stimulate  new  children’s  rights  legislation  after  the  Lisbon 
Treaty. 107 

6.1.3.  Non-Legislative Activities 

As suggested by other fields of action of the European Union, such as gender equality, the 
implementation  of  an  effective  EU  agenda  on  children’s  rights  cannot  be  fully  pursued 
through  legislation.  Article  3  of  the  TEU,  which  identifies  children’s  rights  as  a  core  EU 
objective, implies the mainstreaming of children’s rights into all legislation, policies 
and  programmes  for  which  the  EU  has  competence.108  Mainstreaming  requires  the 
integration of a particular perspective in relation to a specific concern into wider EU policies 

102  Dougan, M. (2008), The treaty of Lisbon 2007: Winning minds, not hearts, CMLRev 45, 640. 
103  Ex article 82(2) and article 79(2)(d) TFEU.  
104  Article  48  TEU  provides  a  general  passerelle  clause  applying  to  all  European  policies  to  use  the  ordinary 
legislative procedure to areas for which the Treaties had laid down a special legislative procedure; activation of 
this  clause  must  be  authorised  by  a  Decision  of  the  European  Council  acting  unanimously  and  Article  81(3) 
TFEU,  offering  a  passerelle  clause  on  judicial  cooperation  in  family  law,  where  national  Parliaments  retain  a 
right to object. 

105  Article 11(4) TEU and Article 24 TFEU 
106  European Parliament Motion for a Resolution on The perspectives for developing civil dialogue under the treaty 

of Lisbon, (2008/2067(INI)). 

107  Stalford,  H.,  and  Schuurman,  M.  (2011),  Are  We  There  Yet?:  the  Impact  of  the  Lisbon  Treaty  on  the  EU 

Children’s Rights Agenda, International Journal of Children’s Rights 19387-389. 

108  Child  mainstreaming  has  been  introduced  in  some  areas.  The  EU’s  guidelines  on  the  treatment  of  children  in 
armed conflict form an important part of its external relations agenda. The EU Council of Youth Ministers has 
asserted  that  all  appropriate  fields  of  action  should  consider  a  children’s  policy  dimension  (Resolution  on  a 
Renewed  Framework  for  European  cooperation  in  the  youth  field  (2010-2018),  OJ  C  311  of  19.12.2009). 

29 

 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

and legislation. This requires the development of a more systematic approach to children’s 
rights in EU internal and external activities.  

The EU should assess the impact of its actions on children and take into consideration the 
rights of the child in the development and implementation of policy in all areas that could 
affect  children.109  Effective  mainstreaming  requires  constant  assessment  of  the  actions 
performed,  and  the  adequate  policy  structures.  This  entails  activities  that  go  beyond  a 
straightforward incorporation of a particular perspective into legislative texts, and includes 
resource, decision-making, and knowledge enhancement.110  

6.1.4.  Requirements for Mainstreaming the Activity  

Mainstreaming  is  increasingly  recognised  as  an  approach  to  the  promotion  of  children’s 
rights  in  the  EU.111  The  Commission’s  2006  Communication  includes  as  a  key  objective 
more efficient mainstreaming of children’s rights in EU policies, strategies or programmes, 
aiming  to  ensure  full  compatibility  and  harmonisation  of  all  legislative  and  non-legislative 
action  with  the  principles  of  the  UNCRC.112  Another  institutional  recognition  of  a 
mainstreaming  duty  is  the  Parliament’s  2008  resolution113  stating  that  it  is  ‘essential  that 
the children’s rights are incorporated and protected in all EU policies affecting children’.114  

The previously mentioned 2011 Commission Agenda on the Rights of the Child provides an 
indication  of  how  to  pursue  mainstreaming,  stating  that  the  ‘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  and  in 
the  UNCRC’.115  Gender  equality  provides  a  well-established  example  of  application  of 
mainstreaming  in  the  EU.116  The  Council  of  Europe  in  1998  also  elaborated  a 

Furthermore,  the  EU’s  financial  commitment  to  combating  social  exclusion  and  poverty  supports  the 
development of child well-being measures. 

109  For a more detailed analysis of what child mainstreaming implies, see Drywood, E. (2011), ‘Child-proofing’ EU 
law  and  policy:  interrogating  the  law-making  processes  behind  European  asylum  and  immigration  provision, 
International  Journal  of  Children’s  Rights  19.  On  how  children’s  rights  should  be  mainstreamed  into  EU 
accession  negotiations,  Stalford,  H.  (2009),  Children,  Enlargement  and  the  Acquis  Communautaire,  UNICEF: 
Brussels  Office;  Schuurman,  M.  (2010),  A  Review  of  Children’s  Rights  in  the  EC  PROGRESS  REPORTS  2007–
2009  for  the  South-Eastern  European  Countries  and  Turkey  and  the  Eastern  European  and  Central  Asian 
European  Neighbourhood  Countries,  UNICEF  CEE/CIS.  For  a  detailed  review  of  the  importance  of  such 
mechanisms  to  gender  mainstreaming,  see  Beveridge,  F.  (2007),  Building  against  the  past:  The  impact  of 
mainstreaming on EU gender law and policy, European Law Review 32 (2), 193–212. 

110  Mazey, S. (2002), Gender mainsteaming strategies in the EU: Delivering on an Agenda, Feminist Legal Studies 
10  (3–4),  227–240.  Beveridge  ,  F.  (2007),  Building  against  the  past:  The  impact  of  mainstreaming  on  EU 
gender law and policy, European Law Review 32 (2), 193–212. 

111  Drywood,  E.  (2011),  ‘Child-proofing’  EU  law  and  policy:  interrogating  the  law-making  processes  behind 

European asylum and immigration provision, International Journal of Children’s Rights 19, 412. 

112  European Commission (2006), Commission Communication: Towards an EU strategy on the rights of the child, 

COM(2006) 367. 

113  European Parliament Resolution of 16 January 2008 ‘Towards an EU Strategy on the Rights of the Child’ (2008) 

(2007/2093(INI)). 

114  European  Parliament,  ‘European  Parliament  Resolution  of  16  January  2008’,  Towards  an  EU  Strategy  on  the 

Rights of the Child (2008) (2007/2093(INI)). 

115  European Commission (2011), Communication from the Commission to 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, COM(2011) 60, 3. 

116  European  Commission  (1996),  Incorporating  Equal  Opportunities  for  Women  and  Men  into  all  Community 
Policies and Activities, COM (1996) 67; European Commission (2006), Communication from the Commission to 
the Council, the European Parliament, the European Economic and Social Committee and the Committee of the 
Regions: A Roadmap for equality between women and men, 2006-2010, COM (2006) 92 final. Beveridge , F. & 
Nott , S. (2002), Mainstreaming: A case for optimism and cynicism, Feminist Legal Studies 10 (3–4), 299–311. 
Mazey, S.(2002), Gender mainstreaming strategies in the EU: Delivering on an Agenda, Feminist Legal Studies 
10  (3–4),  227–240.  Beveridge  ,  F.  (2007),  Building  against  the  past:  The  impact  of  mainstreaming  on  EU 
gender  law  and  policy,  European  Law  Review  32  (2),  193–212.  Woodward,  A.E.  (2008),  Too  late  for  gender 
mainstreaming? Taking stock in Brussels, Journal of European Social Policy 18, 289–302. 

30 

 
 
 
 
                                                                                                                                                            
 
EU Framework of Law for Children’s Rights 

comprehensive definition of gender mainstreaming indicating the necessity to (re)organise, 
improve,  develop  and  evaluate  policy  processes,  and  to  comprehensively  incorporate 
gender and equality.117 

Moreover,  the  Commission  should  prioritise  specific  areas  of  action  in  which  to 
improve children’s status. This would entail including children’s rights perspectives in all 
legislative provisions while targeting specific areas of intervention.118 This would require the 
creation,  as  in  the  gender  equality  field,  of  a  duty  for  the  Commission  Legal  Service  to 
assess  the effective  inclusion  of  children’s  rights  in  all  the  (existing  and  future)  legislative 
acts  of  the  EU,  during  the  legislative  process.  Such  a  system  should  verify  the  manner  in 
which provisions are formulated, as well as mentions of children. This implies the need for 
structures  dedicated  to  these  activities  and  staff,  with  the  knowledge  and  experience  to 
shape laws to address these issues in the child’s best interest.  

Four  central elements are required for effective mainstreaming of children’s rights within 
the EU framework: a) appropriate representation of children’s rights and needs within the 
EU  institutions    through  the  creation  of  specific  mechanisms  of  representation  in  order  to 
accommodate the variety of childhood and adolescence situations in the Member States; b) 
appropriate  coordination  among  EU  institutions  on  children’s  rights;  c)  strengthening  of 
children’s  rights  know-how  within  the  EU  institutions  to  underpin  decision-making;  d) 
ongoing monitoring of EU activities in order to provide an impact assessment of measures 
in the field.119 

a. Representation 

Children’s  rights  could  benefit  from  an  ‘empowering  approach’,  in  which  children  are 
considered fully-fledged owners of rights and their exercise. It would be useful to develop 
structures  to  facilitate  the  representation  of  children’s  opinions  before  decisions  are  taken 
at  EU  level.  The  representation  of  children’s  rights  is  a  crucial  aspect  for  effective 
mainstreaming.  Their  voices  and  needs  should  be  heard  within  the  EU  decision-making 
process,  in  order  to  represent  the  range  of  childhood  and  adolescence  situations 
characterising  the  Member  States.  The  gender  equality  experience  does  not  provide  for  a 
valuable insight here, as the increase of women’s representation in decision-making cannot 
be duplicated in the case of children. 

Children’s  participation  in  law  and  policy  making  has  acquired  support  through 
concluding  observations  of  the  UN  Committee  on  the  Rights  of  the  Child  for  the  effective 
fulfilment of Article 12 of the UNCRC and the development of practices of child consultation, 
for instance in the work of the UN Ombudsperson and Commissioner for children.120 While 
within the EU institutions, the participation of children in decision-making is not a common 
practice, some initiatives have promoted children’s participation, such as: the first EU Youth 

117  Council  of  Europe  (1998),  Gender  Mainstreaming:  Conceptual  Framework,  Methodology  and  Presentation  of 
Good Practices, Final Report of the Activities of the Group of Specialists on Mainstreaming EG-S-MS(98)2.  
118  In  2001  the  Commission  adopted  a  strategy  whereby  their  legal  service  systematically  gender-proofed  texts. 
See  Mazey,  S.  (2002),  Gender  mainsteaming  strategies  in  the  EU:  Delivering  on  an  Agenda,  Feminist  Legal 
Studies 10 (3–4), 236. 

119  On  the  mainstreaming  approach  in  the  field  of  gender  equality  see  Beveridge,  F.  &  Nott,  S.  (2002), 
Mainstreaming, A case for optimism and cynicism, Feminist Legal Studies 10 (3–4), 299. Drywood, E. (2011), 
‘Child-proofing’  EU  law  and  policy:  interrogating  the  law-making  processes  behind  European  asylum  and 
immigration provision, International Journal of Children’s Rights 19, 414. 

120  Bernacchi, E., Moyerson, J. and Ruggiero, R. (2006), Survey on the CRC Committee's concluding observations 

on the last EU Countries' reports, ChildONEurope, available at: 
http://www.childoneurope.org/issues/crc_committee/su00-Survey.pdf., (6 March 2012); Lansdown, G. (2001), 
Promoting Children’s Participation in Democratic Decision-Making, UNICEF Inocenti. 

31 

 
 
 
 
 
 
                                                 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

Summit  in  March  2007;  the  European  Youth  Parliament;  and  the  European  Youth  Portal. 
These are sometimes criticised as  involving only well-educated children living in a healthy 
economic  and  social  milieu.121  The  only  initiative  that  systematically  tries  to  reach  less 
fortunate  children  is  the  Youth  and  European  Social  Work  Forum  (the  YES  Forum),  a 
network  of European  organisations  across  several  EU  and  non-EU  countries  with  the  main 
objective of fostering social inclusion and active participation of children and young people 
who  experience  disadvantage  and  exclusion.  Any  children’s  mainstreaming  process  should 
consider how to involve children from all areas of society.  

b. Coordination 

By adopting its Communication on the EU Strategy, the Commission created two structures 
to  strengthen  the  capacity  of  EU  institutions  to  address  children’s  rights,  laying  the 
foundations  for  evidence-based  policies  and  stepping  up  interaction  with  stakeholders122: 
1)  the  European  Forum  on  the  Rights  of  the  Child  (see  page  11);  and  2)  the 
Children’s Rights Coordinator within DG Justice, who cooperates with other services of 
the Commission to ensure that the rights of the child have a prominent role in all relevant 
policies and actions.123  

c. Impact Assessment 

Another  important  element  is  the  assessment  of  how  policies  affect  children  and 
adolescents. This activity can be operated before a legislative proposal is adopted (ex ante) 
to verify the aspects on which it is necessary to intervene, or after implementation (ex post 
facto), to capture the effects of EU actions.124   

The Commission in 2006 stated that all relevant EU action should be examined to review its 
impact on children. Such impact assessments should be rooted in the UNCRC philosophy. In 
July  2007  the  Commission  asked  the  EU’s  Fundamental  Rights  Agency  (FRA)  to 
develop indicators measuring the respect, protection and promotion of the rights 
of  the  child  for  use  in  future  research  on  the  impact  of  EU  activities  on  children.125 
Indicators should capture both qualitative and quantitative data, to evaluate the effects of 
EU  law  and  policy  for  progress  every  five  years.126  In  2009  a  first  set  of  indicators  was 
produced covering four core areas of existing EU provisions relevant to children: (1) Family 
Environment  and  Alternative  Care;  (2)  Protection  from  Exploitation  and  Violence;  (3) 
Education, Citizenship and Cultural Activities; (4) Adequate standard of living.127 Based on 
the  UNCRC  philosophy,  these  indicators  are  useful  for  the  measurement  of  the  extent  to 

121  O’Toole,  T.  &  Gale,  R.  (2006),  Participative  governance  and  youth  inclusion:  The  case  of  youth  Parliaments, 

available at: www.childhoodstudies.ed.ac.uk/research/TO%27Toole.doc, (24 February 2012) . 

122  European Commission (2006), Commission Communication: Towards an EU strategy on the rights of the child, 

COM(2006) 367 final. 

123  More  information  available  at  http://ec.europa.eu/justice/fundamental-rights/rights-child/index_en.htm,  (29 

March 2012). 

124  Atkinson, T. et al. (2002), Social Indicators: The EU and Social Inclusion, Oxford. 
125  European Commission (2006), Commission Communication Towards an EU strategy on the rights of the child, 
COM(2006) 367 final, 19 explicitly refers  to the need to formulate a set of indicators to review the impact of 
EU legal and policy activity on children.  

126  European  Commission  (2006),  Staff  Working  Document  Accompanying  the  Communication  from  the 

Commission ‘Towards an EU Strategy on the Rights of the Child’, SEC(2006) 889 

127  FRA Summary Report (2009), Developing Indicators for the Protection, Respect and Promotion of the Rights of 

the Child in the European Union, March 2009, available at: 
http://fra.europa.eu/fraWebsite/attachments/RightsofChild_summary-report_en.pdf, (21 March 2012). 

32 

 
 
 
 
 
 
                                                 
 
 
EU Framework of Law for Children’s Rights 

which  EU  provisions  accommodate  child-focused  concepts  such  as  empowerment  or 
participation, non-discrimination, and best interests.128  

While  the  Commission  has  declared  its  commitment  to  the  use  of  the  children’s  rights 
indicators, to ‘guide decision making’, ‘inform evidence-based opinions’ and ‘support the EU 
institutions  and  Member  States  when  they  take  measures  or  formulate  actions’,129  these 
indicators  have  not  yet  led  directly  to  the  formulation  of  EU  policies  and  laws  affecting 
children’s  rights.  The  European  Parliament  could  ask  the  Commission  to  set  up  a  regular 
assessment  as  initially  planned  every  five  years  and  implemented  by  the  FRA.  The 
assessment should integrate these children’s rights indicators. 

6.2. 

Recommendations 

KEY RECOMMENDATIONS 

 

In  addition  to  legal  measures,  effective  EU  response  to  children’s  rights  issues 
should  encompass  policy,  budgetary,  research,  educational  and  knowledge 
exchange initiatives.  
It is important to mainstream children’s rights into all aspects of EU activity. 

 
  A clear articulation of what mainstreaming children’s rights practically implies would 

be beneficial. 

  The  European  Commission  should  take  into  account  the  European  Convention  on 
Human  Rights  and  its  burgeoning  jurisprudence  on  children  when  proposing 
legislation in relation to children's rights.  

  Dedicated  personnel  both  within  and  outside  the  EU  institutions,  ideally  including 
children  themselves,  should  seek  to  represent  children’s  voices  in  EU  policy 
evaluation and development. 

6.2.1.  Recommendations for Legislative Action  

Recommendation 1 
The  Lisbon  Treaty  established  co-decision  as  the  ordinary  legislative  procedure,  thus 
considerably  expanding  the  legislative  powers  of  the  European  Parliament.  In  view  of  this 
expansion of powers, the Parliament should enhance its role as a persuasive and informed 
institutional advocate of the rights and best interests of children in the decision-making. 

Recommendation 2 
The Parliament should call upon the Commission to use their power granted in Article 81(3) 
TFEU  to  propose  a  Council  decision  that  would  apply  the  ordinary  rather  than  the  special 
legislative procedure to aspects of family law with cross-border implications. The particular 
aspects should be specified with a view to protect and promote children’s rights in the EU. 

Recommendation 3 
The  Parliament  should  support  the  development  of  means  to  systematically  ensure  due 
consideration of children’s rights and the principle of the best interest of the child in the EU 
legislative  process.  Such  a  system  might  include  components  such  as  a  new  duty  of  the 

128  See  Drywood,  E.  (2011),  ‘Child-proofing’  EU  law  and  policy:  interrogating  the  law-making  processes  behind 
European asylum and immigration provision, International Journal of Children’s Rights 19, 423. More in general 
on  the  issue  of  children’s  rights  indicators  see:  Ben-Arieh  ,  A.  (2008),  The  Child  Indicators  Movement:  Past, 
Present and Future, Child Indicators Research 1, 8. 

129  European Commission (2011), 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, COM (2011) 60 final, 5.  

33 

 
 
 
 
 
 
                                                 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

Commission  Legal  Service  to  review  all  legislative  acts  of  the  EU  (existing  legislation  and 
future  legislative  proposals),  along  with  the  ‘human  rights  check’  it  currently  performs  to 
ensure the effective inclusion of children’s rights, and to employ staff specifically trained to 
address  children’s  rights  issues  in  the  Legal  Service  and  other  legislative  support  units  of 
each institution.  

Recommendation 4 
The  European  Parliament  should  ask  the  Commission  to  propose  new  legislation  to  reflect 
the provisions set in the European Convention on Human Rights related to children’s rights, 
along  with  the  jurisprudence  developed  by  the  European  Court  of  Human  Rights,  in 
interpreting  and  applying  those  provisions  for  the  fulfilment  of  children’s  rights  in  such 
areas  as  the  right  to  legal  assistance  for  children;  the  detention  and  deportation  of 
children;  children's  voice  in  child  protection  and  placement  decisions  and  in  international 
adoption. 

6.2.2.  Recommendations for Non-Legislative Activities 

Recommendation 5 
The  EU  should  explore  means  to  accede  to  the  UNCRC  in  order  to  further  promote  and 
strengthen the rights set in the Convention. 

Recommendation 6 
The  European  Parliament  should  call  on  the  Commission  to  develop  a  plan  for  the 
mainstreaming of children’s rights in all areas of EU competence, informed by the principles 
of  the  UNCRC.  The  elements  of  such  a  plan  might  include,  for  example:  1)  taking  further 
into  consideration  children’s  rights  and  needs  within  the  EU  institutions  such  as  varying 
childhood  and  adolescence  situations  including  disadvantage  and  exclusion;  2)  further 
enhancing  children’s  rights  expertise  within  the  EU  institutions;  3)  coordination  within  EU 
institutions  aimed  specifically  at  addressing  children’s  rights;  4)  on-going  monitoring  to 
evaluate the impact of the mainstreaming process. 

Recommendation 7 
The  European  Parliament  should  assess  the  work  to  date  of  the  Children’s  Rights 
Coordinator and the European Forum on the Rights of the Child (see page 11).  

Recommendation 8 
The Parliament and the Council, as the budgetary authority of the Union, and the Member 
States,  should  invest  in  children’s  rights  through  the  allocation  of  sufficient  financial 
resources  for  children-oriented  actions,  through  both  the  re-orientation  of  existing 
budgetary lines and new investment in human resources and training programmes.  

Recommendation 9 
The Commission and the Parliament should take in particular the necessary steps to ensure 
support in form of funding and programming for research investigating the social exclusion 
of  children  living  in  disadvantaged  situations,  and  the  degree  to  which  their  interests  are 
accounted  for  in  EU  and  Member  State  policy-making  which  may  affect  children.  Such 
research  might  encompass  civic  participation,  educational  opportunity,  and  possible 
exploitation,  for  example.  Such  research  should  directly  involve  the  children  concerned, 
where  this can  be  accomplished  with  due  regard  for  their  vulnerability  and  individual  best 
interest.  

34 

 
 
 
 
 
 
 
 
 
 
EU Framework of Law for Children’s Rights 

Recommendation 10 
The EU institutions should encourage the use of the impact assessment process to ensure 
that  EU  actions  that  could  potentially  affect  children  are  reviewed.  The  use  of  children’s 
rights indicators such as those elaborated by the FRA should be promoted. A next step in 
this direction could be to plan the process describing how such indicators could be used.  

Recommendation 11 
The  European  Parliament  should  support  collaboration  and  consultation  with  the  Member 
States  through  organisations  promoting  children’s  rights  (such  as  the  Permanent 
Intergovernmental  Group  ‘l’Europe  de  l’Enfance’  or  ChildONEurope).  Such  organisations 
could also support the provision of data and information on childhood conditions at national 
level and the related national governmental experiences by providing comparative analysis.  

35 

 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

7.  REFERENCES 

  Atkinson, T. et al. (2002), Social Indicators: The EU and Social Inclusion, Oxford. 

  Ben-Arieh  A.  (2008),  The  Child  Indicators  Movement:  Past,  Present  and  Future,  Child 

Indicators Research 1. 

  Bernacchi,  E.,  Moyerson,  J.  and  Ruggiero,  R.  (2006),  Survey  on  the  CRC  Committee's 
concluding  observations  on  the  last  EU  Countries'  reports,  ChildONEurope,  at: 
http://www.childoneurope.org/issues/crc_committee/su00-Survey.pdf. (6 March 2012).  

  Beveridge,  F.  &  Nott,  S.,  Mainstreaming  (2002),  A  case  for  optimism  and  cynicism, 

Feminist Legal Studies, 10 (3–4). 

  Beveridge,  F.  (2007),  Building  against  the  past:  The  impact  of  mainstreaming  on  EU 

gender law and policy, European Law Review 32 (2). 

  Council of Europe (1998), Gender Mainstreaming: Conceptual Framework, Methodology 
and  Presentation  of  Good  Practices,  Final  Report  of  the  Activities  of  the  Group  of 
Specialists on Mainstreaming EG-S-MS(98). 

  Council of Europe (2008), Building a Europe for and with children – 2009-2011 strategy, 
at http://www.coe.int/t/dg3/children/News/200911Strategy_en.asp, (1 March 2012). 

  Council  of  Europe  (2010),  Guidelines  of  the  Committee  of  Ministers  of  the  Council  of 

Europe on Child Friendly Justice, 17 November 2010, 1098th meeting. 

  Crime  Victim  Compensation  and  Support  Authority,  European  Programme  CURE 
http://www.brottsoffermyndigheten.se/Sidor/EPT/CURE%20-

recommendations, 
%20Puffar/Bilder/CURE%20recommendations.pdf, (9 February 2012). 

at 

  Dougan, M. (2008), The treaty of Lisbon 2007: Winning minds, not hearts, CMLRev 45, 

640. 

  Drywood,  E.  (2011),  ‘Child-proofing’  EU  law  and  policy:  interrogating  the  law-making 
processes  behind  European  asylum  and  immigration  provision,  International  Journal  of 
Children’s Rights 19.  

  European  Commission  (1996),  Communication  from  the  Commission:  Incorporating 
Equal  Opportunities  for  Women  and  Men  into  all  Community  Policies  and  Activities, 
COM(96) 67. 

  European  Commission  (2001),  Action  Plan  Implementing  the  Stockholm  Programme 

COM(2010) 171. 

  European  Commission,  Communication  from  the  Commission  to  the  Council,  the 
European  Parliament  and  the  European  Economic  and  Social  Committee  -  A  European 
Environment and Health Strategy, COM(2003) 338. 

  European  Commission  Brochure  (2005),  The  Daphne  Experience.  –  1997-2003,  at 

http://ec.europa.eu/justice_home/daphnetoolkit/files/others/daphne_experience/daphn
e_experience_en.pdf, (6 March 2012). 

36 

 
 
EU Framework of Law for Children’s Rights 

  European  Commission 

the 
Communication  from  the  Commission  ‘Towards  an  EU  Strategy  on  the  Rights  of  the 
Child’, SEC(2006) 889. 

(2006),  Staff  Working  Document  Accompanying 

  European  Commission  (2006),  Communication  from  the  Commission:  Towards  an  EU 

Strategy on the Rights of the Child, COM(2006) 367 final.  

  European Commission (2006), Communication from the Commission to the Council, the 
European Parliament, the European Economic and Social Committee and the Committee 
of  the  Regions:  A  Roadmap  for  equality  between  women  and  men,  2006-2010,  COM 
(2006) 92 final. 

  European Commission (2008), Communication from the Commission to the Council, the 
European Parliament, the European Economic and Social Committee and the Committee 
of the Regions: A Special Place for Children in EU External Action, COM(2008) 55. 

  European Commission (2010), Communication from the Commission, EUROPE 2020: A 

strategy for smart, sustainable and inclusive growth, COM(2010) 2020. 

  European  Commission  (2010),  Communication  from  the  Commission  to  the  European 
Parliament and the Council: Action plan on unaccompanied minors, COM(2010) 213. 

  European  Commission  (2010),  Communication  from  the  Commission:  Strategy  for  the 

effective implementation of the Charter of Fundamental Rights, COM(2010) 573. 

  European  Commission  (2011),  Communication  from  the  Commission  to  the  European 
Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
Committee  of  the  Regions:  Tackling  early  school  leaving:  A  key  contribution  to  the 
Europe 2020 Agenda, COM(2011) 18. 

  European  Commission  (2011),  Report  from  the  Commission  to  the  European 
Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
Committee  of  the  Regions:  2010  Report  on  the  Application  of  the  EU  Charter  of 
Fundamental Rights, COM(2011) 160. 

  European  Commission  (2011),  Communication  from  the  Commission  to  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,  COM(2011)  60 
final. 

  European Commission (2011), Joint Communication by the High Representative of The 
Union  For  Foreign  Affairs  And  Security  Policy  and  the  European  Commission:  A  New 
Response  to  a  Changing  Neighbourhood  A  review  of  European  Neighbourhood  Policy, 
COM(2011) 30. 

  EU  Guidelines  on  Children  and  Armed  Conflicts  (2003),  approved  by  the  Council  on  8 

December 2003. 

  EU  Guidelines  for  the  Promotion  and  Protection  of  the  Rights  of  the  Child  (2007), 

approved by the Council on 10 December 2007. 

  EU  guidelines  on  human  rights  dialogues  with  third  countries  (2009),  initially  adopted 

by the Council in 2001 and its update adopted on 19 January 2009. 

37 

 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

  Roadmap  for  the  legislative  proposal  on  special  safeguards  in  criminal  procedures  for 
Suspected 
at 
http://ec.europa.eu/governance/impact/planned_ia/docs/2012_just_016_vulnerable_pe
rsons_en.pdf, (9 February 2012). 

vulnerable, 

accused 

Persons 

who 

are 

or 

  European  Parliament  Motion  for  a  Resolution  on  The  perspectives  for  developing  civil 

dialogue under the treaty of Lisbon, (2008/2067(INI)). 

  European  Agency  for  Fundamental  Rights  (2010),  Report  on  developing  indicators  for 
the  protection,  respect  and  promotion  of  the  rights  of  the  child  in  the  EU,  at 
http://fra.europa.eu/fraWebsite/research/publications/publications_per_year/2010/pub-
rightsofchild-summary_en.htm, (13 February 2012). 

  Lansdown, G. (2001), Promoting Children’s Participation in Democratic Decision-Making, 

UNICEF Innocenti. 

  Mazey, S. (2002), Gender mainsteaming strategies in the EU: Delivering on an Agenda, 

Feminist Legal Studies 10 (3–4). 

  Office  of  the  High  Commissioner  for  Human  Rights,  Children  empowered  to  complain 
at 
under 

about 
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11732&LangI
D=E, (21 February 2012). 

protocol, 

violation 

rights 

new 

UN 

  O’Toole , T. & Gale , R. (2006), Participative governance and youth inclusion: The case 
of youth Parliaments, at www.childhoodstudies.ed.ac.uk/research/TO%27Toole.doc, (24 
February 2012). 

  Peers , S. (2008), EU criminal law and the TL, European Law Review 33 (4). 

  Remien, O. (2001), European private international law, the European community and its 

emerging area of freedom, security and justice, CML Rev 38. 

  Save the Children (2011), Governance Fit for Children, To what extent have the general 
measures  of  implementation  of  the  UNCRC  been  realised  in  the  EU  Institutions?,  at 
http://europe.savethechildren.se/Global/scs/EUROPE/Our%20focus/Gov_for_children/E
U_webb_final.pdf, (8 February 2012). 

  Schuurman,  M.  (2010),  A  Review  of  Children’s  Rights  in  the  EC  PROGRESS  REPORTS 
2007–2009  for  the  South-Eastern  European  Countries  and  Turkey  and  the  Eastern 
European and Central Asian European Neighbourhood Countries, UNICEF CEE/CIS. 

  Stalford,  H.  (2009),  Children,  Enlargement  and  the  Acquis  Communautaire,  UNICEF: 

Brussels Office. 

  Stalford,  H.,  Sax,  H.,  Drywood,  E.  et  al.  (2009),  Developing  Indicators  for  the 
Protection,  Respect  and  Promotion  of  the  Rights  of  the  Child  in  the  European  Union, 
Fundamental Rights Agency. 

  Stalford, H., and Schuurman, M. (2011), Are We There Yet?: the Impact of the Lisbon 
Treaty on the EU Children’s Rights Agenda, International Journal of Children’s Rights 19.  

38 

 
 
EU Framework of Law for Children’s Rights 

  Stalford, H., Thomas, N., and Drywood, E. (2011), The European Union and Children’s 

Rights: Editorial, International Journal of Children’s Rights 19.  

  Woodward,  A.E.  (2008),  Too  late  for  gender  mainstreaming?  Taking  stock  in  Brussels, 

Journal of European Social Policy 18. 

39 

 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

8. ANNEX: GUIDE TO THE RELEVANT INTERNATIONAL AND 

EU INSTRUMENTS 

8.1. 

Existing Instruments at the International Level  

UNITED NATIONS SYSTEM INSTRUMENTS 

United Nations Convention on the Rights of the Child 

  Non-discrimination (Article 2) 
  Consideration of the best interests of the child in policy-making (Article 3) 
  Right to life (Article 6) 
  Right to a legally registered name, right to a nationality, right to know and be cared 

for by parents (Article 7) 

  Right  not  to  be  separated  from  parents  against  their  will,  except  when  competent 
authorities subject to judicial review determine it is in their best interests (Article 9) 
  Right to be free from arbitrary or unlawful interference with their privacy, family, or 
correspondence, nor to unlawful attacks on their honour and reputation (Article 16) 
  Protection from all forms of physical and mental violence, from sexual exploitation 
and sexual abuse, from any forms of exploitation, and from  torture or other cruel, 
inhuman or degrading treatment or punishment (Article 9, 34, 36, 37) 

  States  to  take  measures  to  combat  the  illicit  transfer  and  non-return  of  children 
abroad  and  to  take  all  appropriate  national,  bilateral  and  multilateral  measures  to 
prevent the abduction of, the sale of, or traffic in children (Article 11, 35) 

  Right to be free from torture and exploitation (Article 36, 37) 
  Freedom of expression, thought, conscience and religion and right to express their 

views freely in all matters affecting them (Article 12, 13, 14) 

  Rights to freedom of association and of peaceful assembly (Article 15) 
  Right of a disabled child to special care (Article 23) 
  Right to the enjoyment of the highest attainable standard of health (Article 24) 
  Rights  to  benefit  from  social  security,  an  adequate  standard  of  living,  and  to  be 

protected from economic exploitation (Article 26, 27, 32) 

  Right to education (Article 28) 
  Right not to be unlawfully or arbitrarily deprived of liberty (Article 37) 

Optional Protocol to the Convention on the Rights of the Child on the involvement 
of children in armed conflict 

  States to ensure that members of their armed forces who have not attained the age 

of 18 years do not take a direct part in hostilities (Article 1) 

  States  to  ensure  that  persons  who  have  not  attained  the  age  of  18  years  are  not 

compulsorily recruited into their armed forces (Article 2) 

  States which allow voluntary recruitment into their national armed forces under the 

age of 18 years to maintain specific safeguards (Article 3)  

Optional Protocol to the Convention on the Rights of the Child on the sale of 
children, child prostitution and child pornography 

  States  to  prohibit  the  sale  of  children,  child  prostitution  and  child  pornography 

(Article 1) 

  States to protect the rights and interests of child victims at all stages of the criminal 

40 

 
 
 
 
EU Framework of Law for Children’s Rights 

justice process (Article 8) 

  States  to  adopt  or  strengthen,  implement  and  disseminate  laws,  administrative 
measures, social policies and programmes to prevent the offences referred to in this 
protocol (Article 9) 

ILO Convention No. 138 on the Minimum Age 

  States to ensure the effective abolition of child labour and to raise progressively the 
minimum  age  for  admission  to  employment  or  work  to  a  level  consistent  with  the 
fullest physical and mental development of young persons (Article 1) 

  The  minimum  age  shall  not  be  less  than  the  age  of  completion  of  compulsory 
schooling and, in any case, shall not be less than 15 years. A Member State whose 
insufficiently  developed  may,  after 
economy  and  educational 
consultation  with  the  organisations  of  employers  and  workers  concerned,  where 
such exist, initially specify a minimum age of 14 years (Article 2) 

facilities  are 

  The  minimum  age  for  admission  to  any  type  of  employment  or  work  which  by  its 
nature  or  the  circumstances  in  which  it  is  carried  out  is  likely  to  jeopardise  the 
health, safety or morals of young persons shall not be less than 18 years (Article 3) 

ILO Convention No. 182 on the Worst Forms of Child Labour  

  States to secure the prohibition and elimination of the worst forms of child labour, 
including:  (i)  all  forms  of  slavery  or  similar  practices,  such  as  the  sale  and 
trafficking of children; the use, procuring or offering of a child for prostitution or for 
the production of pornography; (ii) work which, by its nature or the circumstances 
in which it is carried out, is likely to harm the health, safety or morals of children; 
(iii) forced recruitment of children in armed conflict; and (iv) the use, procuring or 
offering of a child for illicit activities (Articles 1,3) 

  States to provide the necessary and appropriate direct assistance for the removal of 
children from the worst forms of child  labour  and for their rehabilitation and social 
integration (Article 7) 

  States  to  ensure  access  to  free  basic  education,  and,  wherever  possible  and 
appropriate,  vocational  training,  for  all  children  removed  from  the  worst  forms  of 
child labour (Article 7) 

41 

 
 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

8.2. 

Existing Regional Instruments 

COUNCIL OF EUROPE INSTRUMENTS 

European Social Charter 

Rights relating exclusively to children: 

  The right of children and young persons to protection (Article 7) 
  The  right  of  children  and  young  persons  to  social,  legal  and  economic  protection 

(Article 17) 
Rights relevant to children: 

  Right of the family to social, legal and economic protection (Article 16) 
  Right to protection of health (Article 11)  

European Convention on the Exercise of Children's Rights 

  Right to be informed and to express his or her views in proceedings (Article 3) 
  Right to apply for the appointment of a special representative in proceedings (Article 

4) 
Judicial  authority  shall  take  into  account  the  best  interest  of  the  child  in  the 
decision-making process (Article 6) 
Judicial authority shall act speedily (Article 7) 

 

 

Convention on the Protection of Children against Sexual Exploitation  
and Sexual Abuse 

  States  shall  take  the  necessary  legislative  or  other  measures  to  encourage 
awareness of the protection and rights of children among persons who have regular 
contacts with children (Article 5) 

  States  to  ensure  that  children,  during  primary  and  secondary  education,  receive 
information on the risks of sexual exploitation and sexual abuse, as well as on the 
means to protect themselves, adapted to their evolving capacity (Article 6) 
  States to take preventive intervention programmes or measures (Article 7) 
  States  to  Promote  or  conduct  awareness  raising  campaigns  addressed  to  the 
general public providing information on the phenomenon of sexual exploitation and 
sexual abuse of children (Article 8) 

  States  to  ensure  participation  of  children,  the  private  sector,  the  media  and  civil 

society (Article 9) 

  States  to  Establish  effective  social  programmes  and  set  up  multidisciplinary 
structures to provide the necessary support for victims, their close relatives and for 
any person responsible for their care (Article 11) 

  States  to  ensure  reporting  suspicion  of  sexual  exploitation  or  sexual  abuse  (Article 

12) 

  States  to  take  measures  to  assist  victims,  in  the  short  and  long  term,  in  their 

physical and psycho-social recovery (Article 14) 

  States  to  ensure  the  criminalisation  of  sexual  abuse,  offences  concerning  child 
prostitution,  offences  concerning  child  pornography,  corruption  of  children  and 
solicitation of children for sexual purposes (Articles 18, 19, 20, 22, 23) 

European Convention on the Repatriation of Minors 

  No  decision  shall  be  taken  concerning  a  request  for  repatriation  until  the  minor,  if 
his  capacity  for  discernment  allows,  has  been  heard  in  person  by  a  competent 

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EU Framework of Law for Children’s Rights 

authority in the requested State (Article 5) 

European Convention on Recognition and Enforcement of Decisions concerning 
Custody of Children and on Restoration of Custody of Children 

  Authorities to avoid, in particular by any necessary provisional measures, prejudice 

to the interests of the child (Article 5) 

European Convention on the Legal Status of Children born out of Wedlock 

  The same legal obligation to maintain a child born in wedlock shall also apply for the 

benefit of a child born out of wedlock. (Article 6) 

  A  child  born  out  of  wedlock  shall  have  the  same  right  of  succession  as  if  born  in 

wedlock (Article 9) 

European Convention on the Adoption of Children (revised) 

  The  competent  authority  shall  not  grant  an  adoption  unless  it  is  satisfied  that  the 

adoption will be in the interest of the child (Article 4) 

  An  adoption  shall  not  be  granted  unless  at  least  the  following  consents  to  the 
adoption have been given and not withdrawn: (i) the consent of the mother and the 
father; or if there is neither father nor mother to consent, the consent of any person 
or  body  who  is  entitled  to  consent  in  their  place;  (ii)  the  consent  of  the  child 
considered by law as having sufficient understanding; a child shall be considered as 
having sufficient understanding on attaining an age which shall be prescribed by law 
and  shall  not  be  more  than  14  years;  (iii)  the  consent  of  the  spouse  or  registered 
partner of the adopter (Article 5) 

Convention on Contact concerning Children   

  A  child  and  his  or  her  parents  shall  have  the  right  to  obtain  and  maintain  regular 
contact  with  each  other.  Such  contact  may  be  restricted  or  excluded  only  where 
necessary in the best interests of the child. (Article 4) 

  Subject  to  his  or  her  best  interests,  contact  may  be  established  between  the  child 
and persons other than his or her parents having family ties with the child. (Article 
5) 

  Right  of  the  child,  unless  this  would  be  manifestly  contrary  to  his  or  her  best 
interests: (i) to receive all relevant information; (ii) to be consulted; (iii) to express 
his or her views. Due weight shall be given to those views and to the ascertainable 
wishes and feelings of the child. (Article 6) 

Convention for the Protection of Human Rights and Fundamental Freedoms 

Rights relevant to children: 

  Right to life (Article 2) 
  Prohibition of torture (Article  3) 
  Prohibition of slavery and forced labour (Article 4) 
  Right to liberty and security (Article 5) 
  Right to a fair trial (Article 6)  
  Respect for private and family life (Article 8) 

43 

 
 
Policy Department C: Citizens' Rights and Constitutional Affairs 

8.3. 

Existing Legal Provisions at the EU Level 

EUROPEAN UNION INSTRUMENTS 

Treaty on European Union 

Provisions relating explicitly to children: 

  The Union shall promote the protection of the rights of the child (Article 3) 
 

In its relations with the wider world, the Union shall contribute to the protection of 
human rights, in particular the rights of the child (Article 3) 

Provisions relevant to children: 

  Fundamental rights shall constitute general principles of the Union’s law (Article 6) 
  The  Union’s  action  on  the  international  scene  shall  be  guided  by  the  principles  of 
indivisibility of human rights and fundamental freedoms, respect for human dignity, 
and respect for international law (Article 21) 

  The Union shall define and pursue common policies and actions, and shall work for a 
high  degree  of  cooperation  in  all  fields  of  international  relations,  in  order  to 
consolidate and support human rights (Article 21) 

Treaty on the Functioning of the European Union 

Provisions relating explicitly to children: 

  The  European  Parliament  and  the  Council  shall  adopt  measures  combating 

trafficking in persons, in particular women and children (Article 79) 

  The  European  Parliament  and  the  Council  to  legislate  on  various  crimes  including 
the  trafficking  in  human  beings  and  sexual  exploitation  of  women  and  children 
(Article 83) 

Provisions relevant to children: 

  The EU to take into account requirements linked to the promotion of the guarantee 
of adequate social protection, the fight against social exclusion, and a high level of 
education, training and protection of human health. (Article 9) 

  The Union shall aim to combat discrimination based on sex, racial or ethnic origin, 

religion or belief, disability, age or sexual orientation (Article 10) 

  The right of EU citizens to move and reside freely within the territory of the Member 

States (Article 20) 

  The EU shall develop judicial cooperation in civil and criminal matters having cross-

border implications (Articles 81 and 82) 

  The  European  Parliament  and  the  Council  shall  adopt  measures  concerning  the 
rights of individuals in criminal procedure and the rights of victims of crime (Article 
82) 

Charter of Fundamental Rights of the European Union 

Rights relating exclusively to children: 

  Children  shall  have  the  right  to  such  protection  and  care  as  is  necessary  for  their 

well-being (Article 24) 

  Freedom of expression (Article 24) 
  Child's  best  interests  must  be  a  primary  consideration  in  all  actions  relating  to 

children (Article 24) 

  Right to maintain on a regular basis a personal relationship and direct contact with 

both parents, unless that is contrary to his or her interests (Article 24) 

  Prohibition of child labour and protection of young people at work (Article 32) 

Rights relevant to children: 

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EU Framework of Law for Children’s Rights 

  Right for private and family life (Article 7) 
  Right to education (Article 14) 
  The family shall enjoy legal, economic and social protection (Article 33) 
  Right to health care (Article 35) 

45 

 
 
 
 
 
Cat. BA-01-13-593-EN-N
 978-92-823-4958-8
10.2861/41481