Doc. 9939

27 September 2003

Improving the lot of abandoned children in institutions
Recommendation 1601 (2003)

Reply from the Committee of Ministers

adopted at the 853^rd meeting of the Ministers’ Deputies (24 September 2003)

1.       The Committee of Ministers welcomes Parliamentary Assembly Recommendation 1601 (2003) on improving the lot of abandoned children in institutions, which contains a number of practical measures aimed at improving the well-being of children in care and guaranteeing their rights. Like the Parliamentary Assembly, the Committee of Ministers attaches great importance to the promotion and protection of children’s rights and welfare. The well-being and best interest of children are fundamental values shared by all member states, attested by the political message from the Committee of Ministers to the Special Session of the United Nations General Assembly on Children in May 2002. In this context, the Committee of Ministers reiterates its commitment to “promote social cohesion and tackle social policy issues affecting children … to improve the conditions for children living in residential care and to ensure the proper re-integration of child-victims of exploitation, violence and abuse”. It encourages governments to take measures to improve the well-being of children in care and to guarantee their rights along the lines advocated by the Assembly.

2.       The Committee of Ministers informs the Assembly that a draft recommendation of the Committee of Ministers on children in care is currently being finalised by the Forum for Children and Families. The text will focus on the rights and human dignity of the child. It takes as its starting point the United Nations Convention on the Rights of the Child, as well as taking account of the work of UNICEF and the case law of the European Court of Human Rights, notably Article 8 (right to respect for private and family life) of the European Convention on Human Rights, and should on the whole address the concerns of the Assembly.

3.       With regard to special national ombudsmen, the Committee of Ministers recalls that the European Convention on the exercise of children’s rights contains provisions on national bodies for the promotion and exercise of children’s rights. Furthermore, the Forum for Children and Families recently held a debate on the role and functions of national ombudsmen, with a view to promoting their establishment in countries were they do not exist; the Committee of Ministers encourages member states that have not yet done so to set up a national body to promote the interests of children.

4.       With regard to the specific issues concerning children with disabilities, the Committee of Ministers refers the Assembly to the comments made by the Committee on the Rehabilitation and Integration of People with disabilities (CD-P-RR) in Appendix 1 to this reply. In response to the Assembly and to the CD-P-RR, the Committee of Ministers, in the wake of the Second European Conference of Ministers responsible for Integration Policies for People with disabilities (Malaga, May 2003) and on the occasion of the “European Year of People with Disabilities (2003)” (designated by the Council of the European Union), encourages all member states to participate in activities carried out under the Partial agreement in the Social and Public Health Field concerning people with disabilities.

5.       With regard to the intergovernmental programme of activities, the Committee of Ministers underlines its commitment, in co-operation with other international organisations, to providing assistance to develop better systems for children in need of care. A number of activities are ongoing, including seminars aimed at disseminating information on children’s rights and best practices in residential care institutions, on the necessity to build community links, to break down prejudices and stereotypes, and to prepare children for independent living.

6.       Finally, the Committee of Ministers endorses the Assembly’s call for member states to make use of the Council of Europe’s Development Bank, which over the past years has been lending support to member states for improving the conditions for children in need of care. Further comments of the Governing Board of the Bank are included in Appendix 2.

Appendix 1

Opinion of the Committee on the Rehabilitation and Integration of People with disabilities (CD-P-RR)

on Recommendation 1601 (2003) of the Parliamentary Assembly “Improving the lot of abandoned children in institutions”

1.        Recommendation 1601 (2003) “Improving the lot of abandoned children in institutions” was adopted by the Parliamentary Assembly of the Council of Europe on 2 April 2003. It was subsequently examined by the Ministers’ Deputies at their 837^th meeting (16 April 2003). They decided to forward it to the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR) for information and for possible comments by 31 July 2003 (Decision No. CM/Del/Dec(2003 837/3.1).

2.        The Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR) was very interested to read Recommendation 1601 (2003) of the Parliamentary Assembly “Improving the lot of abandoned children in institutions”. It is pleased to note the reference in paragraph 7i of the recommendation to the Partial Agreement in the Social and Public Health Field, and hopes that the Committee of Ministers will encourage member states to take an active part in Council of Europe activities devoted to people with disabilities.

3.        Our Committee can but endorse the Parliamentary Assembly’s proposals concerning children with disabilities, while drawing attention to the provisions set out in Recommendation R (92) 6 of the Committee of Ministers to member states on a coherent policy for people with disabilities. This recommendation states that all people with disabilities “should be as free as possible from institutional settings and constraints, or where these are unavoidable, (…) have as much personal choice as possible within the said institution”.

4.        Reference should also be made to the report on “Safeguarding adults and children with disabilities against abuse”, which proposes preventive measures. Some of these measures concern care and services (opening up institutions and supervising them more closely), monitoring (setting up and supporting ethical committees) and user involvement (in the work of regulatory bodies, inspection visits, judicial proceedings and enquiries).

5.        Our Committee acknowledges that both the Development Bank loans mentioned in paragraph 7ii of the Parliamentary Assembly’s recommendation and the action taken under the joint Council of Europe/Council of Europe Development Bank co-operation programme could be appropriate means of improving care for children with disabilities.

6.        Finally, our Committee believes that the active policy for removing such children from institutions mentioned by the Parliamentary Assembly in paragraph 4ii of the recommendation could be given impetus through the Programme of Assistance Activities in the social cohesion field, if adequate financial and human resources are made available.

Appendix 2

Comments of the Council of Europe Development Bank

Recommendation 1601 (2003): “Improving the lot of abandoned children in institutions”

“The Governing Board took note of Recommendation 1601 (2003) and in particular of point 7.ii, asking the Committee of Ministers to urge member states to make use of Council of Europe Development Bank loans to improve the conditions in which children are cared for in institutions.

The Council of Europe Development Bank can finance loans aimed at improving the conditions for children in institutions as a part of its health protection or education projects. Over the last years the Bank has been lending its support to member states, particularly from Central and Eastern Europe, for the implementation of reform programmes aimed at reducing the reliance on residential institutions for the protection of vulnerable children and developing alternative care services, particularly community-based services. The cumulative financing in this field since 1997 is close to EUR 23 million. The CEB has contributed, inter alia, to the rehabilitation of 10 centres for abandoned or abused children and disabled persons in Lithuania, benefiting around 1000 people. It has supported, in partnership with the World Bank, the Romanian Government’s strategy for the de-institutionalisation of the protection of abandoned children by part financing the conversion of 50 orphanages into maternal care centres, day centres and family type care institutions for children in distress. Furthermore, in 1999, the CEB granted to Romania a donation of EUR 1 million from the Selective Trust Account to ensure urgent aid and food supply to children living in extreme hardship in institutions. All the projects financed by the CEB in this field aim at reducing the use of residential institutions for children, creating alternative ways to assist them and ensuring that assistance primarily aims at their re-integration in the community.

Furthermore, as a part of its lending activity in the field of health infrastructure construction and modernisation, the CEB finances projects that protect the rights of the children hosted in institutions by ensuring that they are offered quality and specialised services in those institutions. In this context, the CEB has co-financed in 2003 a project in the Spanish Autonomous Region of Castilla La Mancha for the construction of new childcare centres and centres for handicapped children for a total amount of EUR 22 million.

Child welfare projects carry a very high social value and are a key component of a strategy for social cohesion and human development in Europe. The CEB stands ready to help identify new possible projects in this area and to examine the loan requests submitted by Member countries for improving the conditions in which children are cared for in institutions.”