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Resolution 2232 (2018)
Striking a balance between the best interest of the child and the need to keep families together
1. Recalling 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. However, 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 their best interests.
2. Despite 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 policy makers on how
to implement these standards in the best possible way.
3. Council of Europe member States that have ratified United
Nations 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.
4. The Assembly reaffirms that the best interests 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, for
example coming to serious harm at the hands of their parents or
being removed from their family without good cause.
5. It 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:
5.1. ensure
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 as long
as this view is not against the best interests of the child;
5.2. give 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
when possible and in the child’s best interests: this includes the
need to build better collaboration with parents, with a view to
avoiding possible mistakes based on misunderstandings, stereotyping
and discrimination. These mistakes can be difficult to correct once
trust has been lost;
5.3. ensure 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;
5.4. ensure 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 time frame, and are
not overburdened with too heavy a caseload;
5.5. seek to keep to a minimum, and use only in extreme cases,
the practices of removing children from parental care at birth,
basing placement decisions on the effluxion of time and adoptions
without parental consent. Where it is in the child’s best interests,
efforts should be made to maintain family ties;
5.6. where the decision to remove a child from their family
has been made, ensure that:
5.6.1. such 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;
5.6.2. 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. The decision should outline the circumstances
that led to the determination and provide reasons for the removal;
5.6.3. removing children is a last resort and is only applied
for the necessary period of time;
5.6.4. siblings are kept together in care in all cases where
it is not against the best interests of the child;
5.6.5. as long as it is in the best interests of the child, children
are cared for within the wider family unit so as to minimise the
disruption of family bonds for the children involved;
5.6.6. 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;
5.6.7. visitation and contact arrangements facilitate the maintenance
of family bonds and work towards reunification, unless manifestly
inappropriate;
5.6.8. all 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;
5.6.9. religious, ethnic and cultural background and sibling
bonds are taken into account when placing children in alternative
care;
5.7. ensure appropriate checks and balances are built into
the child welfare system, including regulatory oversight and parliamentary
scrutiny, where necessary.