Draft resolution
1Recalling its Resolution 2049 (2015) and Recommendation
2068 (2015) “Social services in Europe: legislation and practice
of the removal of children from their families in Council of Europe
member States”, the Parliamentary Assembly reaffirms that children
have the right to be protected from all types of violence, abuse and
neglect. But they also have the right not to be separated from their
parents against their will, except when competent authorities subject
to judicial review determine that such separation is absolutely
necessary in the best interests of the child. Even when such separation
is necessary, children have the right to maintain personal relations
and direct contact with both parents on a regular basis, unless
it is contrary to the child’s best interests.
2Despite the existence of clear international and European
standards in this area of children’s rights, there continues to
be a lack of uniform application in decisions on child removal,
adoption, placement and reunification across Council of Europe member
States. Further action to bridge the gap between these standards
and their implementation is thus needed, as well as improved data
collection and research which could inform policymakers on how to
implement these standards in the best possible way.
Tabled by Mr Jonas GUNNARSSON, Ms Eva-Lena JANSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Tineke STRIK, Mr Martin WHITFIELD
In the draft resolution, replace paragraph 2 with the following paragraph:
"Council of Europe member States that have ratified respective UN treaties and Council of Europe instruments in the area of children's rights are called upon to implement them and to further act in accordance with them in decisions on child removal, adoption, placement and reunification."
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 8, replace the words:
"replace paragraph 2 with"
with the following words:
"after paragraph 2, insert"
3The Assembly reaffirms that the best interest of the child
should be a primary consideration in all actions concerning children,
in accordance with the United Nations Convention on the Rights of
the Child. However, the implementation of this principle in practice
depends on the context and the specific circumstances. It is sometimes
easier to say what is not in the best interests of children: coming
to serious harm at the hands of their parents, or being removed
from a family without good cause.
Tabled by Mr Jonas GUNNARSSON, Ms Eva-Lena JANSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Tineke STRIK, Mr Martin WHITFIELD
In the draft resolution, paragraph 3, delete the second and third sentences.
4It is with this caveat in mind that the Assembly reiterates
the recommendations it made in Resolution 2049 (2015) and recommends that Council of Europe member States
focus on the process in order to achieve the best results for children
and their families alike. Member States should:
Tabled by Mr Jonas GUNNARSSON, Ms Eva-Lena JANSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Tineke STRIK, Mr Martin WHITFIELD
In the draft resolution, paragraph 4, replace the first sentence with the following sentence:
"Where State intervention is deemed necessary, due process safeguards should be given sufficient weight and consideration."
4.1secure child-friendly processes
throughout removal, placement and reunification: this includes guaranteeing
full child participation by having properly trained and educated
staff speak to and listen to the child, whose views should not only
be heard, but also taken into account;
Tabled by Ms Sybille BENNING, Mr Volker ULLRICH, Mr Andreas NICK, Ms Elisabeth SCHNEIDER-SCHNEITER, Mr Werner AMON, Mr Franz Leonhard ESSL, Mr Filippo LOMBARDI
In the draft resolution, at the end of paragraph 4.1, add the following words:
"as long as this view is not against the best interest of the child;"
4.2give the necessary support to families in a timely and
positive manner with a view to avoiding the necessity for removal
decisions in the first place, and to facilitating family reunification
as soon as possible: this includes the need to build better collaboration
with parents, with a view to avoiding possible mistakes based on
misunderstandings, stereotyping and discrimination, mistakes which
can be difficult to correct later on once the trust has gone;
Tabled by Ms Emilie Enger MEHL, Ms Ingjerd Schie SCHOU, Ms Lise CHRISTOFFERSEN, Mr Emanuelis ZINGERIS, Mr Simonas GENTVILAS, Mr Mogens JENSEN, Ms Ulla SANDBÆK, Mr Jonas GUNNARSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Eva-Lena JANSSON, Ms Boriana ÅBERG
In the draft resolution, paragraph 4.2, replace the words:
"and to facilitating family reunification as soon as possible"
with the following words:
"and to facilitating family reunification when possible and in the child's best interest".
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 5, replace the following words:
"when possible and in the child's best interest"
with the following words:
"as soon as circumstances permit".
4.3ensure that child welfare systems are open and transparent
with a view to bolstering the legitimacy of and trust in the system;
this includes the necessity for decisions to be well-documented
at all stages of the process and for court proceedings to be low-threshold,
child-friendly and accessible, as well as for improved data collection
and research;
4.4ensure that all personnel involved in removal and placement
decisions, including judges, are suitably qualified and regularly
trained (including on international and European standards), have sufficient
resources to take decisions in an appropriate (neither rushed nor
delayed) time frame, and are not overburdened with too great a caseload;
Tabled by Mr Martin WHITFIELD, Ms Shabana MAHMOOD, Lord Don TOUHIG, Ms Carina OHLSSON, Ms Stella CREASY, Mr Vernon COAKER
In the draft resolution, paragraph 4.4, delete the words:
"(neither rushed nor delayed)".
4.5seek to end abusive practices, such as frequent recourse
to the unwarranted complete severing of family ties, the removal
of children from parental care at birth, to basing placement decisions
on the effluxion of time, and to adoptions without parental consent;
(If adopted, amendment 2 falls)
Tabled by Ms Emilie Enger MEHL, Ms Ingjerd Schie SCHOU, Ms Lise CHRISTOFFERSEN, Mr Emanuelis ZINGERIS, Mr Simonas GENTVILAS, Mr Mogens JENSEN, Ms Ulla SANDBÆK, Mr Jonas GUNNARSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Eva-Lena JANSSON, Ms Boriana ÅBERG
In the draft resolution, replace paragraph 4.5 with the following paragraph:
"seek to keep at a minimum the practices of removing children from parental care at birth, basing placement decisions on the effluxion of time, and adoptions without parental consent, and only in extreme cases. Where in the child's best interests, efforts should be made to maintain family ties;".
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 6, delete the last sentence:
"Where in the child's best interest, efforts should be made to maintain family ties."
(Falls if amendment 6 is adopted)
Tabled by Ms Sybille BENNING, Mr Volker ULLRICH, Mr Andreas NICK, Ms Elisabeth SCHNEIDER-SCHNEITER, Mr Werner AMON, Mr Franz Leonhard ESSL, Mr Filippo LOMBARDI
In the draft resolution, paragraph 4.5, after the words:
"the removal of children from parental care at birth"
insert the following words:
"except in cases where this is in the best interest of the child,"
4.6where children have been removed from the family home,
ensure that:
Tabled by Mr Martin WHITFIELD, Ms Shabana MAHMOOD, Lord Don TOUHIG, Ms Carina OHLSSON, Mr Vernon COAKER, Ms Stella CREASY
In the draft resolution, replace paragraph 4.6 with the following paragraph:
"where the decision to remove a child from their family has been made, ensure that:"
4.6.1such decisions
are a proportionate response to a credible and verified assessment
by competent authorities subject to judicial review that there is
a real risk of actual and serious harm to the children involved;
Tabled by Mr Martin WHITFIELD, Ms Shabana MAHMOOD, Lord Don TOUHIG, Ms Carina OHLSSON, Mr Vernon COAKER, Ms Stella CREASY
In the draft resolution, replace paragraph 4.6.1 with the following paragraph:
"a detailed decision is provided to the parents and a copy of the decision is also retained, that the decision is explained in an age-appropriate way to the child or that the child is otherwise granted access to the decision, and that the determination outlines the circumstances that led to the decision and provides reasons for the removal;"
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 13, replace the words:
"replace paragraph 4.6.1. with"
with the following words:
"after sub-paragraph 4.6.1., insert"
4.6.2removing children is a last resort and is done for the
shortest possible period of time;
Tabled by Ms Emilie Enger MEHL, Ms Ingjerd Schie SCHOU, Ms Lise CHRISTOFFERSEN, Mr Emanuelis ZINGERIS, Mr Simonas GENTVILAS, Mr Mogens JENSEN, Ms Ulla SANDBÆK, Mr Jonas GUNNARSSON, Ms Carina OHLSSON, Ms Azadeh ROJHAN, Mr Niklas KARLSSON, Ms Eva-Lena JANSSON, Ms Boriana ÅBERG
In the draft resolution, paragraph 4.6.2, replace the words:
"and is done for the shortest possible period of time"
with the following words:
"and should be done only for the necessary period of time".
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 7, replace the words:
"and should be done only for the necessary period of time"
with the following words:
"as a temporary measure to be discontinued as soon as circumstances permit".
Tabled by Ms Sybille BENNING, Mr Volker ULLRICH, Mr Andreas NICK, Ms Elisabeth SCHNEIDER-SCHNEITER, Mr Werner AMON, Mr Franz Leonhard ESSL, Mr Filippo LOMBARDI
In the draft resolution, after paragraph 4.6.2, insert the following paragraph:
"siblings are kept together in care in all cases where it is not against the best interest of the child;".
4.6.3where possible, children are cared for within the wider
family unit so as to minimise the disruption of family bonds for
the children involved;
(If adopted, amendment 14 falls)
Tabled by Ms Sybille BENNING, Mr Volker ULLRICH, Mr Andreas NICK, Ms Elisabeth SCHNEIDER-SCHNEITER, Mr Werner AMON, Mr Franz Leonhard ESSL, Mr Filippo LOMBARDI
In the draft resolution, replace paragraph 4.6.3 with the following paragraph:
"in cases where it is in the best interest of the child, the possibility of care within the wider family unit is taken into consideration;"
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 3, replace the words:
"in cases where it is in the best interest of the child, the possibility of care within the wider family unit is taken into consideration"
with the following words:
"as long as it is in the best interest of the child, children are cared for within the wider family unit so as to minimize the disruption of family bonds for the children involved".
(Falls if amendment 3 is adopted)
Tabled by Mr Niklas KARLSSON, Mr Martin WHITFIELD, Ms Shabana MAHMOOD, Lord Don TOUHIG, Ms Carina OHLSSON, Mr Vernon COAKER
In the draft resolution, replace paragraph 4.6.3 with the following paragraph:
"due consideration is given to a child/children being cared for in a family placement. In consideration of such a placement, the welfare interests of the child should be the paramount consideration;"
4.6.4the facilitation of family reunification is always a central
consideration in any proceedings, and that families receive appropriate
support from the child welfare systems in this regard;
Tabled by Lord Don TOUHIG, Ms Carina OHLSSON, Mr Vernon COAKER, Ms Stella CREASY, Ms Maryvonne BLONDIN
In the draft resolution, replace paragraph 4.6.4 with the following paragraph:
"regular consideration is given to family reunification and/or family access as is appropriate taking into account the best interests and views of the child;"
Tabled by Mr Pavlo UNGURYAN, Mr Ion APOSTOL, Ms Iryna GERASHCHENKO, Mr Serhii SOBOLIEV, Ms Olena SOTNYK, Mr Leonid YEMETS
In amendment 15, replace the words:
"regular consideration is given to family reunification and/or family access as is appropriate taking into account the best interests and views of the child"
with the following words:
"the facilitation of family reunification is always a central consideration in any proceedings, taking into account the best interests of the child, and that families receive appropriate support from the child welfare systems in this regard"
4.6.5visitation and contact arrangements facilitate the maintenance
of the family bond and work towards reunification unless manifestly
inappropriate;
4.6.6all related court proceedings are independent, with the
equality of arms guaranteed, as well as parity between the resources
available to the family and to the child welfare system;
4.6.7religious, ethnic and cultural background and sibling
bonds are taken into account when placing children in alternative
care;
4.7ensure appropriate checks and balances are built into
the child welfare system, including regulatory oversight and parliamentary
scrutiny where necessary.
