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Resolution 1624 (2008) Final version
Preventing the first form of violence against children: abandonment at birth
1. The Parliamentary Assembly is aware
that the abandonment of children, particularly newborn babies, has
always existed and always will. There will always be mothers in
distress who feel they have good reasons to abandon their child
at birth (denial of pregnancy, pregnancy outside marriage or at
an early age, poverty, HIV/Aids, etc.). In the past, certain east
European states also had policies which “institutionalised” the abandonment
of babies or which encouraged parents experiencing difficulties
to hand their babies over to the state; traces of these policies
can be found in the attitudes of the public and maternity hospital
staff.
2. Nevertheless, the Assembly is concerned because today we are
unfortunately far from seeing an end to the abandonment of infants.
Owing to financial difficulties, poverty, and HIV/Aids, a high rate
of abandonment of newborn babies persists in certain states of central
and eastern Europe, and this phenomenon is also reappearing in west
European states, even though clearly not to a comparable extent.
3. It notes, moreover, that data on the subject are rare. In
order to respond to this challenge with relevant measures, we need
to quantify the problem more accurately and put figures on it, particularly
in terms of a breakdown by sex of the babies abandoned. We also
need to have a clearer picture of, and identify with some certainty,
the typical profile of the mother who abandons her child. In western
Europe, most cases of abandonment would appear to involve very young
women (either from abroad, illegal immigrants or prostitutes) who
lack independence.
4. The Assembly notes that adoption has become a market and that
the shortage of adoptable babies in the West makes matters worse.
Adoption is closely tied up with abandonment, just as it is with
child trafficking. Non-governmental organisations often complain
that mothers in distress are not sufficiently well informed about
the options open to them and that their vulnerability is exploited
to persuade them in effect to abandon their newborn children.
5. The abandonment of children at birth is a complex issue, which
involves rights other than those of the mother, such as those of
the child and of the father. It is impossible nowadays to overlook
the rights of children, particularly the right of children to live
in a family and to know their origins; it is just as difficult to
ignore the rights of fathers.
6. The Assembly notes that in Europe and throughout the world,
we are currently witnessing the controversial reintroduction of
the foundling wheel system used in Europe in the Middle Ages (nowadays referred
to as baby hatches). In many cases, the abandonment of children
is considered a crime, and this system is seen by some as inciting
crime and taking responsibility away from mothers. Advocates of
the system argue that bringing it into general use will reduce the
number of abortions, prevent infanticide, ill-treatment and the
abandonment of babies in public places and make sure that the children
are adopted.
7. For the Assembly, the abandonment of newborn babies clearly
raises the question of access for women and men – particularly migrants
– to sexual rights and reproductive health services. Even where
voluntary termination of pregnancy is permitted, it is subject to
countless administrative formalities, all of which constitute obstacles
to many women in distress.
8. The Assembly reasserts its position in favour of the de-institutionalisation
of abandoned infants and of priority being given to the provision
of alternative and family-based care for these children. It also
reiterates that national adoption should take precedence over international
adoption.
9. The Assembly invites the member states to:
9.1. centre their family policy on
one inviolable and pre-eminent principle, namely respect for the rights
of children, in particular the right of children to live with their
families and find out about their origins, which is a fundamental
human right and is crucial for their development;
9.2. provide support for pregnant women and young mothers and
fathers through measures including medico-social monitoring of pregnancies,
protection against the HIV/Aids virus and measures to prevent mother-to-child
transmission, assistance during childbirth, non-separation of the
child from the mother after delivery, and postnatal medical and
social support for mother and father as well as for the child;
9.3. take due account of the financial pressures that the birth
of a child creates for families or single mothers;
9.4. recognise a woman's full right to freely choose pregnancy,
which means legal and easier access to sexual rights and reproductive
health services;
9.5. pay particular attention to especially vulnerable groups
of young girls and women, such as migrant women, women with HIV/Aids
and women from minority groups.
10. Member states are also invited to draw up a proactive policy
to fight against the abandonment of newborn babies which:
10.1. prohibits all incitement or
pressure brought to bear on mothers from medical and paramedical staff
or government authorities to abandon their children;
10.2. prevents “dumping”, which endangers the life of the newborn
baby, by appropriate measures such as accessible reception facilities;
10.3. prevents early and unwanted pregnancies through information
and sex education for girls and boys, particularly at school;
10.4. provides mothers, especially mothers belonging to vulnerable
groups, and fathers with better information about all the assistance
available to them, particularly financial support to help them cope with
the added expense that a child represents;
10.5. helps with the setting up and expansion of care and temporary
accommodation centres for mothers and their children.
11. Council of Europe member states should urge mothers to give
their identity, though at the same time protected forms of childbirth
offering some confidentiality to the mother should be introduced.
Children must not be deprived of the right to find out about their
origins and should be allowed to do so even before they reach the
age of majority.
12. In order to combat the trafficking of newborn infants, the
Assembly recommends that the registration of all children at birth
be an obligation totally free of charge for parents; provision could
be made for incentive measures for such registration, for example
by means of an allowance paid on the birth of the child.
13. The Assembly calls on member states to introduce transparent
procedures for the giving up of newborn babies for national and
international adoption purposes; mothers should be given a reasonable
period within which to change their mind and wherever possible the
consent of the father should not be overlooked; recourse to national
and international adoption should not prevent or prohibit children
from finding out about their origins.
14. Finally the Assembly considers that it would be a failure
on the part of any state in the Council of Europe to not adopt policies
that give every child – irrespective of where they live or their
origins – the opportunity to develop to their full potential. Every
state should have an obligation to ensure that each child is always
in a place of safety either with his/her family, a foster family
or an adoptive family. No child should needlessly be put in harm’s
way when education, health or the general social infrastructure
of life is available. Failure to do this would be a disgrace to
the individual country and its continued membership of the Council
of Europe. The Council of Europe as a whole should endeavour to
ensure that each state lives up to the obligations it has towards
its children and there should be regular reports to the Assembly
about the fulfilment of these obligations by member states.