The Advancement of Child’s Rights in

Europe

Olga A. KhazovaInstitute of State and Law, Moscow, Russia

Member of the UN Committee on the Rights of the Child

Sofia, April 2014

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Introductory remarks

• The key outcomes of the Concluding Observations (COBs) of the UN Committee on the Rights of the Child (CRC) for European countries and the cross-cutting issues across Europe

• The key recommendations of the UN CRC that could be followed-up by the EU and/or the Council of Europe

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Introductory remarks – the COBs

• Rules of procedure of the CRCo Rule 75. 1. After its consideration of each report of a State

party, together with such reports, information or advice, if any, received pursuant to article 44 and article 45, subparagraph (a), of the Convention, the Committee may make such suggestions and general recommendations on the implementation on of the Convention by the reporting State as it may consider appropriate.

• Adoption of COBs culminates the examination of the SP report, other docs and the dialogue with the SP

• COBs contain the CRC’s comments and recommendations and can provide guidance to the SPs on key issues relating to children

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Introductory remarks – the

countries

56th -58th, 61st Sessions

• Albania• Andorra• Austria• Bosnia and

Herzegovina• Denmark• Finland• Iceland• Italy

63d – 65th Sessions

• Germany• Lithuania• Luxembourg• Monaco• Portugal• Slovenia

• Armenia• Russia

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The Cross-cutting issues

1. General measures of implementation

[Comprehensive policy, Allocation of resources, Coordination, Data collection, Independent monitoring, Dissemination, Awareness-raising and Training]

2. Poverty

3. Non-discrimination

4. The best interests of the child

5. Right to be heard and respect for the views of the child

6. Identity / “baby-boxes”

7. Violence / Corporal punishment

8. Deinstitutionalization

9. Early childhood education and care

10. Children with Disabilities

11. Juvenile Justice

12. Children and the Internet

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Comprehensive policy Recommendations:

• SP take measures to formulate a comprehensive policy on children’s rights

• On the basis of this policy – develop a comprehensive strategy for the overall realization of the principles and provisions of the Convention

• The policy should be prepared/updated in consultation with children and civil society

• In federal states – clear indications of the roles and responsibilities of the relevant bodies at the federal and sub-federal levels (lands, provinces, cantons, districts, etc)

• Establish systems for monitoring and evaluation

• Allocate adequate human, technical and financial resources for implementation of the Convention

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Allocation of resources Recommendations:

• Conduct a comprehensive assessment of budget needs of children

• Increase its budget allocations / allocate adequate budgetary resources to the implementation of children’s rights

• Earmark specific budgetary resources for the implementation of the rights of children in vulnerable situations

• Establish specific indicators and an effective system of tracking, monitoring and evaluation of the allocation and use of resources for children by all relevant sectors throughout the budget, thus providing visibility to the investments on children

• Address the disparities on the basis of indicators related to children’s rights

• Ensure transparent and participatory budgeting

• Disseminate information on budget allocations for implementation of children’s rights

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Coordination Recommendations:• Ensure the establishment of a permanent and effective

coordination mechanism on the rights of the child across different sectors at all levels

[strengthen the mandate and capacity of the existing body to enable it to effectively coordinate the implementation of the Convention across different sectors at all levels]

• Avoid overlapping – to ensure that cross-cutting issues between the various ministries/bodies are adequately addressed at all levels

• Ensure that sufficient human, technical and financial resources are allocated for effective functioning of such a mechanism/body

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Data collection Recommendations:

• Establish a comprehensive and integrated system to collect data on children covering the whole country and the entire period of childhood up to the age of 18

• Introduce indicators on children’s rights which could be used to analyse and assess progress in the realization of those rights

• The data should be disaggregated by age, sex, disability, geographical location, ethnicity, migration status and socioeconomic background in order to facilitate the assessment of the overall situation of children and provide guidance for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Independent monitoring Recommendations:

• Create independent monitoring body (provide it) with the clear mandate to monitor children’s rights that is able to receive, investigate and address complaints by children in a child-sensitive manner, while ensuring the privacy and protection of victims

• Ensure the independence of such institution, including with regards to its mandate and immunities, to ensure full compliance with the Paris Principles

• Raise awareness among the general public, and children in particular, of their right to file a complaint directly with the independent monitoring body (the Ombudsperson),

• Provide the independent monitoring body (the Ombudsperson) with adequate human, technical, and financial resources

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1. General measures of implementation[Comprehensive policy, Allocation of resources, Coordination, Data

collection, Independent monitoring, Dissemination, Awareness-raising and Training]

Dissemination, awareness raising and training Recommendations:

• Increase / strengthen and expand initiatives on dissemination, awareness-raising and training activities on matters connected with children’s rights in order to ensure systematic, mandatory and ongoing training on children’s rights for the society at large, children and professionals working with and for children, in particular judges, social workers, law enforcement officials, health-care personnel, professionals and staff working in all forms of alternative care, and the media – to cover all areas of the Convention

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2. Poverty

Recommendations:

• Build/strengthen a national system of social protection that would provide a holistic and effective response to children’s poverty and provide families with children living in poverty with necessary support and assistance, particularly in the areas of health care and education, both in the short-term and in a sustained manner

• Secure resources for children, particularly during a time of financial crisis – to ensure the full implementation of the Convention at all times

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3. Non-discrimination

Recommendations:

• Ensure that all children in the SPs enjoy equal rights under the Convention without any discrimination

• Take urgent measures to prevent discrimination, in particular, against children in marginalized and disadvantaged situations, including children with disabilities, children of single parents, children with a migration background, children living in poverty, children belonging to minorities, children living in care institutions and children in conflict with the law

• Develop programmes and policies to reduce inequalities in access to education, health and development

• Raise awareness of discrimination and foster an inclusive and tolerant environment in schools and other spaces for children

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4. Best interests of the childRecommendations:

• The right of the child to have his or her best interests taken as a primary consideration be appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings, and in all policies, programmes and projects that are relevant to and have an impact on children

• To develop criteria and procedures to provide guidance to all relevant persons in authority on determining the best interests of the child in every area and on giving them due weight as a primary consideration

• Such criteria and procedures should be disseminated to schools, social welfare institutions, courts of law, administrative authorities, legislative bodies and the public at large

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5. Right to heard and respect for the views of the child

Recommendations:

• Ensure that the right of the child to be heard applies to all judicial (including civil and penal matters) and administrative proceedings affecting children and that due weight is given to those views in accordance with the age and maturity of the child concerned

• Ensure that children, without any discrimination, have the right to express their views freely in all matters affecting them and have those views given due weight in all settings

• Provide educational information to parents, teachers and headmasters, government administrative officials, the judiciary, children themselves and society at large, with a view to creating and encouraging atmosphere in which children can freely express their views

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6. Identity – “Baby-boxes”Recommendations:

• Undertake all measures necessary to end the practice of anonymous abandonment and expeditiously strengthen and promote alternatives

• Increase efforts to study and address the root causes which lead to the abandonment of infants

• Provide counselling on family planning and reproductive health, aimed, inter alia, at prevention of risk pregnancies, as well as social support for unplanned pregnancies and support for families in need

• Make the possibility of anonymous births at hospitals as a measure of last resort to avoid abandonment and/or death of the child

• Keep confidential records to which the child could access at a later stage, taking into account the duty to fully comply with all provisions of the Convention

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7. Violence – Corporal

punishment

Recommendations:

• Full prohibition of corporal punishment in all setting, including at home

• Promote positive, non-violent and participatory forms of child-rearing and discipline

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8. Deinstitutionalization

Recommendations:

• Improve the system of family support and ensure that placement of children in care institutions is used as a last resort and in the best interests of the child only

• Provide welfare services with adequate human and financial resources in order to make them available to all families faced with social and economic difficulties

• Establish a rigorous system of monitoring the services provided by care institutions

• Continue to develop and implement an overall deinstitutionalization strategy concerning residential care facilities, with precise goals and objectives, with a view to their progressive elimination, in line with the Common European Guidelines on the Transition from Institutional to Community-based Care

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9. Early Childhood Education and Care

Recommendations:

• Strengthen the system of family benefits and child allowances, and other services, such as counseling services and accessible early childhood education and care, to support families affected by the current economic crisis, single-parent families, families with two or more children, families with children with disabilities and families living in persistent poverty, in line with the European Commission policy paper on early childhood education and care

• Take all the necessary measures to ensure that alternative care for young children, especially those under the age of 3 years, is provided in family-based settings

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10. Children with Disabilities

Recommendations:

• Children with disabilities, without any discrimination, are fully integrated into all areas of social life, including recreational and cultural activities

• The right to inclusive education is guaranteed to children with disabilities, and that it encompasses the right to individual support and reasonable accommodation in the area of education

• Children with disabilities and their families have a say when the decision is made about whether the child should attend a special school

• Complaints mechanism is available for children with disabilities who have become victims of violence

• Families with children with disabilities, including those with a migration background, are provided with information and assistance regarding access to support

• Training is provided for professionals working with children with disabilities

• Schools and other places for children are provided with necessary equipment

• All allegations of abuse and maltreatment of children, particularly with mental disabilities, are promptly and effectively investigated and perpetrators are prosecuted and punished, and assistance is provided for the recovery and rehabilitation of victims Olga A. Khazova

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11. Juvenile Justice Recommendations:

• Establish a holistic juvenile justice system

• Ensure its full compliance with the Convention and with other relevant standards, including the UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Guidelines for Action on Children in the Criminal Justice System, the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice (2010) and the CRC’s General Comment No. 10 (2007)

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12. Children and the Internet

Day of General Discussion “Social Media and Children’s Rights” – 12 September 2014, Geneva

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Thank you