Doc. 9886

21 July 2003

Prevention of recidivism in crimes against minors

Recommendation 1583 (2002)

Reply from the Committee of Ministers

adopted at the 849^th meeting of the Ministers’ Deputies (16 July 2003)

1.       The Committee of Ministers welcomes Parliamentary Assembly Recommendation 1583 (2002) on prevention of recidivism in crimes against minors. It shares the concerns of the Assembly about the situation of children that have been victims of crime and recognises their need for rehabilitation. The Committee of Ministers also agrees with the Assembly about the necessity of taking adequate measures to prevent ill treatment and abuse of minors. As mentioned in its reply to Assembly Recommendation 1551(2002) “Building a 21st century society with and for children: follow-up to the European strategy for children (Recommendation 1286 (1996))”, the Committee of Ministers considers it to be of great importance that states live up to their commitments with respect to the protection of children's rights, as contained in particular in the United Nations' Convention on the Rights of the Child and in the European Convention on the exercise of children’s rights (ETS No.160).

2.       The Committee of Ministers has brought the recommendation to the attention of member states' governments.

3.       The Assembly recommends the Committee of Ministers to provide financial assistance for states which are experiencing or have experienced local armed conflicts within their borders, to help them implement programmes to protect minors against all forms of cruelty and exploitation. It also underlines the need to provide help for central and east European states in setting up specialised social and psychological services for under-age victims of crimes. The Committee of Ministers agrees with the Assembly that it is important that measures of this kind be taken in the areas concerned.

4.       As stated in its reply to Parliamentary Assembly Recommendation 1561 (2002) on social measures for children of war in south-eastern Europe, the Council of Europe will continue “to support activities in this area, to provide assistance in developing policies and measures in the interest of children and families in line with its principles and standards, including in the social cohesion field, and to provide assistance to develop better systems for children in need of care.” As stated on the same occasion the Council of Europe continues to support the work carried out under the Stability Pact, including the promotion of children's rights. The Committee of Ministers reiterates its invitation to member states to provide funding for this work.

5.       The Committee of Ministers recalls that at the 112th Ministerial Session (14–15 May 2003), it called for reinforced action in efforts to combat trafficking in human beings. It has adopted terms of reference for an interdisciplinary committee to prepare a European Convention on action against trafficking in human beings. Moreover, in the framework of the 2003 programme of activities, special attention is paid to the development of measures to ensure the protection of children against sexual exploitation, in particular to develop an implementation strategy for Recommendation Rec(2001)16 on the protection of children against sexual exploitation.

6.       The Committee of Ministers considers that the possibility of providing technical assistance for the setting up of specialised social and psychological services for under-age victims of crimes in central and Eastern Europe should be studied seriously. This is nevertheless an area in which additional funds would be needed within the Council of Europe. It could be also recalled that a special ombudsperson for children or a deputy human rights ombudsperson responsible for child-related issues in every Council of Europe member state can play an important role in supporting under-age victims of crimes, ill treatment or violence.

7.       As the Parliamentary Assembly states in its recommendation, children’s rights are mostly infringed by persons who are supposed to be caring for them and who hold authority over them. In this respect, many elements especially from the two last meetings of the Forum for Children and Families (November 2002 and March 2003), which addressed – the first one – the issue of corporal punishment, as a very frequent form of violence on children, within the family, and – the second one – the role and the competences of ombudspersons for children, could serve the cause for a more comprehensive protection of children throughout Europe. The Forum for Children and Families pays special attention to include in all aspects of its work recommendations aimed at preventing any violence against persons under the age of 18 in all kinds of settings (e.g. Committee of Ministers Recommendation Rec(2002)8 on child day-care or current work on rights of children in care).

8.       The Committee of Ministers notes that at its 48th plenary session (June 1999), the European Committee on Crime Problems (CDPC) had decided to set up a Committee of Experts on the treatment of sex offenders in penal institutions and in the community (PC-DS), but was compelled until now, for budgetary reasons, to postpone this activity. However, the subject of treatment of sex offenders was re-launched at the last plenary session in June 2003, at which the CDPC adopted terms of reference for PC-DS. In the light of paragraph 11.vii of Assembly Recommendation 1583 (2002), the CDPC decided to include the question of recidivism by sex offenders, especially those who have committed crimes against minors, in the draft terms of reference.

9.       The Committee of Ministers observes that in accordance with the terms of reference, the PC-DS will cover a number of points that were raised in the Assembly’s recommendation. It will examine and try to build on various interesting initiatives for the treatment of sex offenders taken by prison services in member states. It will also study questions relating to the collaboration between therapeutic instances and penal professionals, information and protection of victims and of the public in general, the influence of community programmes and sanctions on recidivism, sentencing policies and prison populations. An exchange of evaluations may be made in this context with a view to devising efficient penal policies that are acceptable to all parties concerned.

10.       The Committee of Experts will also study the interaction between the issues arising in connection with penal choices and the enforcement of these choices. In relation to this, the terms of reference mention specifically that a comparative evaluation of the penal sanctions and measures that exist for sex offenders in Europe and their enforcement may help member states to find ways to improve their legislation, sentencing practice and enforcement policy.

11.       The work of the PC-DS should lead to a report and a draft recommendation setting out, inter alia, guidelines for good practice. The Committee of Ministers will include the Assembly’s recommendation among the texts to be taken into consideration by the PC-DS. It will keep the Assembly informed about the result of the work of the PC-DS.”