On the occasion of the 30th anniversary of the Convention on the Rights of the Child, the European Parliament has presented a motion for a resolution on children’s rights.
The resolution (2019/28769RSP)) takes into account a number of developments in recent years. Some of the considerations include:
- promoting children’s rights is an explicit objective of EU policies and is enshrined in the EU Charter of Fundamental Rights, which requires that the best interests of the child be a primary consideration in all EU action;
- Article 5 of the CRC provides that “States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognised in the present Convention;
- investment in the future of children, the importance of protecting children through a comprehensive strategy on children’s rights and the establishment of the ‘Child Guarantee’ as a tool to fight poverty and to ensure that children have access to basic services are highlighted as top priorities.
The resolution calls for the appointment of a high-level public figure as the EU representative on children’s rights; suggesting that this representative would have explicit and exclusive responsibility for children, would serve as a point of reference for all EU matters and policy areas related to children and would ensure a consistent and coordinated approach to the protection of children’s rights in all internal and external EU policies and actions.
Article 33 calls on Member States to implement the Council of Europe guidelines on child-friendly justice, stresses that the best interests of the child should always be a primary consideration in decisions concerning children in contact with the justice system, and that the right of the child to be heard should always be granted according to Article 12 of the CRC; recalls that specific safeguards should be put in place for children who come into contact with the justice system.
Article 40 stresses the importance of the Member States of working out an intersectional approach to combatting all forms of discrimination affecting children, taking into consideration their vulnerabilities, in particular those of children with disabilities, migrant children, children of migrant background, children from minorities and religious groups, LGBTI children, children of foreign fighters, children in detention, children of imprisoned parents, children of LGBTI parents, children in care and stateless or undocumented children, who are disproportionately exposed to discrimination on multiple grounds and therefore require a specialised approach to address their specific needs, calls for the Member States to finally adopt the Horizontal Directive on discrimination.
The resolution goes well beyond these select examples, and demonstrates a continued momentum for advancing child rights.