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14 December 1995
Doc. 7436
1403-12/12/95-1-E
REPORT 1
on a European strategy for children
(Rapporteur: Mr COX
United Kingdom, Socialist Group)
Summary
In Europe today children are often the first victims of recession and budgetary constraints; children are going hungry or are the targets of the war.
Implementing children's rights as recognised in the United Nations Convention on the Rights of the Child, considering and defending children's interests as citizens of today's and tomorrow's society must become a political priority. For that purpose a set of measures are advocated in the present "European strategy for children" for the attention of all states within the Council of Europe and the Organisation itself.
I. Draft recommendation
1. In its Resolution 1011 (1993) on the situation of women and children in the former Yugoslavia, the Assembly urged all the states grouped together in the Council of Europe to subscribe to the principle of "first call for children", to recognise children's rights, their universality and indivisibility and to provide for their essential needs both in Europe and in the rest of the world.
2. The Assembly decided in Order No. 491 (1993) to develop, in co-operation with Unicef, a strategy for children up to the age of eighteen which at European level could serve as inspiration and guidance for senior policy-makers and all those who actively support children's causes in their respective activities. It would like to pay particular tribute to Unicef, without whose experience and expertise such a strategy would not have been possible.
3. The Assembly notes that the rights of the child are still far from being a reality in our own rich and developed continent of Europe and that children are often the first victims of armed conflicts, recession, poverty, and in particular budgetary constraints.
4. Accordingly, it is important for the Assembly that states should be helped to give effect, within their own national situation, to the commitments entered into under the United Nations Convention on the Rights of the Child, to promote a change in the way children, as individuals with rights, are viewed and also to encourage their active and responsible participation within the family and society.
5. Children are citizens of the society of today and tomorrow. Society has a long-term responsibility to support children and has to acknowledge the rights of the family in the interest of the child. Responding to children's rights, interests and needs must be a political priority. The Assembly is convinced that respect for children's rights and greater equality between children and adults will help preserve the pact between generations and will contribute towards democracy.
6. The Assembly recommends that the Committee of Ministers urge the member states of the Council of Europe:
i. to ratify the United Nations Convention on the Rights of the Child if they have not already done so, to withdraw any reservations made and to implement the convention in the letter and the spirit by reviewing and adapting their legislative and regulatory provisions;
ii. to ratify all the relevant Council of Europe conventions on the rights and protection of the child, in particular the recent Convention on the Exercise of Children's Rights.
7. The Assembly also recommends that the Committee of Ministers invite the states grouped together in the Council of Europe to make children's rights a political priority by:
i. adopting at national and local level a proactive childhood policy which seeks full implementation of the Convention on the Rights of the Child, which will consider the best interests of the child as a guiding principle of all action and which will anticipate situations instead of trying to deal with emergencies or problems that have already arisen;
ii. making children more visible through the systematic collection of information, in particular reliable, detailed (by age and gender), comparable statistics which will make it possible to identify their needs and the issues which require priority political action;
iii. adopting a comprehensive, consistent and co-ordinated approach to childhood policy, which will encourage multidisciplinary structures to be put in place at all deliberation and decision-making levels, in particular at ministerial level, and foster the creation of national coalitions of all relevant partners;
iv. appointing a commissioner (ombudsman) for children having the powers and responsibilities needed to bring about an improvement in children's lives;
v. ensuring, especially at policy-making level, that the interests and needs of children are always duly considered and taken into account, for example by introducing practices such as the "child impact statement" which offers a way of determining the probable impact on children of any proposed legislative, regulatory or other measures in whatever field;
vi. investing in children and giving them budgetary priority by allocating adequate and fair resources in relation to spending on the needs of the other sections of the population at all levels (national, regional, local);
vii. guaranteeing the present level of their contributions and subsidies to the various national and international organisations involved in child care.
8. The Committee of Ministers should strongly urge these states:
i. to guarantee, through explicit recognition in their constitutional texts or domestic law, children's civil and political rights as enshrined in the United Nations Convention on the Rights of the Child;
ii. to guarantee to all children the right to a high level of education through the free provision of pre-school, primary and secondary education;
iii. to inform children of their rights by widely publicising and disseminating the text of the Convention on the Rights of the Child, by all possible means, including the use of the media and by introducing education on children's rights and responsibilities into the school curriculum from primary level onwards;
iv. to encourage the media, notably visual, to promote children's right to a healthy and balanced development, and in particular in products intended for children, to eliminate violence and to illustrate positive social values;
v. to inform children about the means and remedies available to them in the event of violation of their fundamental rights and, for example, to extend the provision of free help-lines, specialist advocates and child friendly judicial and administrative systems which recognise the claims of individual children for protection against all forms of abuse;
vi. to provide specific training in children's rights for all professionals who come into contact with children, including teachers, the various members of the judicial authorities, social workers etc.;
vii. to enable the views of children to be heard in all decision-making which affects them, and to enable them to participate actively, responsibly and in a manner appropriate to their capacity, at all levels of society — in the family, in local communities, in schools and other institutions, in judicial hearings and in national government;
viii. to teach children how to act as responsible citizens, to encourage them to take an interest in public affairs and to reconsider the age at which young people can vote;
ix. to promote education for the prevention of racism, political and religious intolerance and violence and for the learning of tolerance and peaceful resolution of conflict.
x. to emphasise to parents, families, teachers and all those involved directly or indirectly with children, as they develop into adulthood, that in a civilised society responsibilities and obligations go hand in hand with rights and privileges.
9. The Assembly also recommends that the Committee of Ministers invite these states to give credibility and consistency to the debate on children's rights by making it a reality outside Europe by:
i. making a commitment to work towards ensuring that the provisions of the Convention on the Rights of the Child are upheld throughout the world, via all appropriate unilateral or multilateral measures to combat the exploitation of children and to protect them from the effects of armed conflicts;
ii. promoting international co-operation and in particular by increasing their aid to the developing countries to at least 0,7% of GNP and devoting at least 20% of their aid to basic social services which are indispensable for human development;
iii. adopting a more understanding common attitude to the repayment by these countries of the debt incurred with the international development aid organisations.
10. Finally, the Assembly recommends that the Committee of Ministers:
i. set up, within the Council of Europe, a permanent multidisciplinary intergovernmental structure able to deal with all issues relating to children;
ii. instruct it, as part of its terms of reference, to draw up an annual report on the state of Europe's children, giving a comprehensive account of the situation and an outline of positive achievements and serving as a measure of what else needs to be done to satisfy the requirements of the Convention on the Rights of the Child, and to submit this report to the Parliamentary Assembly;
iii. involve other competent international organisations, in particular the United Nations Committee on the Rights of the Child, the European Parliament, Unicef, the various relevant non-governmental organisations, and indeed children themselves in the activities of this structure in the appropriate forms;
iv. transmit the present recommendation to states grouped in the Council of Europe, to the aforementioned organisations and the Closing Conference of the Multidisciplinary Project on Childhood Policies to be held in Leipzig in spring 1996.
II. Draft order
for promoting children's causes
1. By adopting a European Strategy for Children, the Assembly reaffirms that children's status should be a political priority. As a pan-European parliamentary forum, it feels particular responsibility and entitlement for discussing and promoting children's causes.
2. The Assembly instructs its Social, Health and Family Affairs Committee:
i. to participate actively in the follow-up to be given to its recommendation on a European strategy for children;
ii. to continue to advocate for children's causes, if need be in co-operation with other relevant committees of the Assembly and to initiate all appropriate activities to improve the situation of children in Europe and outside Europe in accordance with the United Nations Convention on the Rights of the Child.
3. To that end, it invites the committee to continue its co-operation with Unicef and authorises it to hold regular meetings with Unicef at its European offices.
III. Explanatory memorandum
by Mr COX
Introduction
1. In Order No. 491, which it adopted in 1993, the Parliamentary Assembly instructed its Social, Health and Family Affairs Committee to develop, in co-operation with Unicef, a European strategy for children up to the age of eighteen2.1 This report is the result of this co-operation; it was elaborated following a number of joint meetings with Unicef and thanks to the help of its representatives and numerous experts in the field of children's rights. The rapporteur would like to thank all of them for their valuable contribution.2
The fundamental rights of the child have been recognised nearly everywhere, at least in theory. The United Nations Convention on the Rights of the Child,3 is the legal reference instrument and the framework for any further action. In addition, children are protected by the European Convention on Human Rights and the European Social Charter, both Council of Europe instruments as well as by the recent Convention on the Exercise of Children's Rights open to signature in January 1996.4 But what has been achieved in terms of practical implementation? Additional action is necessary.
2. Europe is a rich and developed continent, yet the situation leaves much to be desired. Extreme poverty does not spare children and in all too many cases they are still far from being perceived and treated as human beings in their own right. In central and eastern Europe, it is they who are paying the heaviest price for the transition to the market economy and democracy: large numbers are finding themselves the defenceless victims of privatisation and the accompanying economic constraints with their dramatic consequences in terms of falling health standards, sharp drops in educational provisions and a rising number of children abandoned, etc. The armed conflict in the former Yugoslavia has revealed the deficiencies in the protection of the civilian population and, in particular, children.
3. As the meeting place for dialogue between western European countries and the new democracies of central and eastern Europe, the Council of Europe is the ideal forum for defining the principles and content of a European strategy, taking account of the different situations throughout the continent and with reference to the United Nations Convention on Children's Rights.
4. The aim of such a strategy is to inspire action and policies at international and national level and to guide the efforts of all those who actively support children's causes. It should set out a catalogue of common aims for improving the conditions in which children live. It must trigger debate at national and European level so that we can find out more about the situation of children and the extent to which the various international commitments already entered into are applied. Since the problems differ from one country to another, it will be left to each country to devise its own action plan.
A new view of the child
5. Adults have long tended to see children as isolated beings still undergoing development, (a not-yet-human being) who only had needs. Today, a new view of the child is emerging. Children are human beings with their own rights and responsibilities, and want to be able to take an active part in family and social life.
Children are citizens of present-day society, to which they make their own contribution. They are tomorrow's adults. They often play a significant part in perpetuating society, especially through school work. They are not only biologically valuable, but also help to maintain social organisation and transmit cultural values, etc. Adult society has an undeniable interest (and not only an economic one) in investing in the next generation.
6. Nobody today would dream of denying the state's responsibility towards all citizens, and it therefore must shoulder its long-term responsibility towards children. Their vulnerability, exacerbated by a lack of involvement in society, only serves to increase the state's responsibility towards them.
Our societies have weighed down the next generation with a burden which is hard to bear including high levels of debt, the destruction and pollution of the environment and conflicts arising from racism and intolerance, etc. Talking about children's rights also means considering the kind of society we shall bequeath to them.
7. Children are one of the largest groups in society. But, unlike other groups (for example the elderly), they do not form a lobby and, as they are not entitled to vote, few politicians take up in the competition for resources. Children are usually absent from political life and, in particular, are forgotten when it comes to decisions on allocating funds. It can be said that, at every level of the decision-making process, they are rarely represented.
In order to advance their cause, children as citizens must be made more visible in society, and a multidisciplinary approach must be adopted, modelled on that taken in most countries not so long ago for women, which undoubtedly has helped to improve their situation and bring about greater equality between the sexes.
8. After fighting the differences between the sexes, we must set about eliminating unjustified differences between the generations, as well as fostering democracy and greater equality between adults and children.
Promoting a pact between the generations is made particularly necessary in view of the inverse pyramid of the ages and the increasing and large number of retired people for whom the future generations will be responsible.
That is the purpose of the strategy proposed here.
The European strategy for children
Principles
9. A certain number of principles, which underlie or are enshrined in various international existing conventions, must guide this strategy.
—As both citizens in present-day society and representatives of tomorrow's society, children have rights, which are essential to their protection and to securing the best opportunities for developing the full range of their potential. —
—Th ese rights are indivisible and universal, that is of equal value and validity throughout the world. They must apply to all children without discrimination on any ground, regardless of nationality, sex, race, disability, religion, legal status or culture, etc. —
—Ch ildren are fully-fledged citizens with rights and responsibilities (to themselves, family and society). Their views must be heard and considered in decision-making which affects them. They should be able to take on greater responsibility, autonomy and self-determination as they mature and their capacities evolve. —
—Th e best interests of the child must be a guiding principle of all action that affects children either directly or indirectly (for example, fiscal or environmental measures). —
—In creasing global interdependence is a feature of the modern world, and practical and ethical considerations demand that children's rights be made a reality outside Europe, too. Promoting the universal implementation of the United Nations convention, appropriate policies and increased development assistance should provide the main practical expression of Europe's solidarity and responsibility towards children in developing countries. Co
Content
Making children's needs visible
10. The realisation of children's rights demands a dynamic, proactive policy that anticipates situations instead of trying to deal with problems that have already arisen or emergencies. Above all, this depends on making children and their concerns visible, that is having adequate information and data on their situation, their needs and the measures required, etc.
11. Whilst data are important for national policy determination and cross-country comparisons, the systematic collection of information on children is still rare in Europe. Often data, ostensibly about children, in actual fact only concern adults (for example, statistics concerning divorce do not show how many children live with their step-families). Comparative studies between countries are usually impossible because data are either not available or are incompatible owing to differences in the collection methods or definitions used. For example, differences in the definition of the concept of "custody" make it difficult to obtain an accurate picture of the deprivation of liberty applied to children, while it is difficult to assess provision for dependent children because of the wide range of definitions of the term "household". Similar problems apply in the case of child abuse, etc.
12. The Council of Europe clearly has a role to play in establishing agreed definitions and collecting comparable statistical data detailed by age, gender and regions so as to identify, inter alia, pockets of poverty and the needs of vulnerable groups of children (minorities, refugees, etc.). We should recommend that a report on the state of Europe's children be drawn up, preferably on an annual basis, setting out comprehensive details of the situation in all member states, containing a summary of positive achievements in favour of children and showing the steps still to be taken so as to comply with the requirements of the United Nations convention.
Promoting the interests of children
13. A proactive policy for children requires the implementation at both national and international levels of machinery to promote the interests of children as a group.
At national level
14. Children's affairs are traditionally the responsibility of many different ministries or central and local government departments such as education, health, justice and social services, as well as less obvious ones such as culture, finance, trade, transport or environment departments.
Not only are children's interests dispersed across these various administrative bodies, thus preventing a holistic approach to children's affairs, but individual ministries often have conflicting policies (reflected, for instance, in differences between justice and social welfare departments over the treatment of young offenders, or between trade, transport or environment and health over the prevention of accidents involving children or pollution control). Moreover, overlapping responsibilities sometimes leave gaps in child protection, which hit the most vulnerable or socially marginalised children hardest.
15. Steps must therefore be taken to guarantee consistency and co-ordination. In recent years, a number of European countries have become aware of the pressing need for a multidisciplinary approach. Various types of co-ordination machinery have been put in place involving, for instance, the establishment of ministries for children, interdepartmental bodies or cross-party parliamentary committees.5
Additionally, some countries have appointed commissions or commissioners (ombudsman6 for children, having certain powers of their own and acting entirely independently.
The rapporteur will hope that most of the member states will introduce a children's ombudsman because not only does this office up-date legislation but is able to transmit information and knowledge of the child protection legislation to the general public, professional categories working with children and decision-makers.
But whatever approach is adopted, any such bodies or persons must have sufficient powers to enable them to deal on a more or less equal footing with the various government departments concerned and to recommend or initiate policies which they believe would improve children's lives.
16. Given the often unpredictable or unexpected impact on children of much government action and legislation, all parliamentary bills and government measures, in whatever area, should be examined and assessed from the viewpoint of their effect on children. So-called "child-impact statements" may be used to determine the probable impact on children of any proposed measures. Such statements may either be included automatically in the normal political process (including budgetary policy-making) or left to the discretion of the person or body responsible for promoting and co-ordinating children's rights.
The Council of Europe's role
17. A co-ordinated approach of this kind could surely be applied within the Council of Europe, where various directorates (Social Affairs, Legal Affairs, Human Rights, Culture, etc.) currently have competing responsibilities for children's rights, with the exception of the current childhood policies "project" which will culminate in Leipzig in May 1996. A permanent multidisciplinary structure, both intergovernmental and parliamentary, should be set up within the Council's existing framework and the limits of the available resources.
Its purpose would be to deal on a comprehensive basis with all issues concerning children, with the participation, as active observers, of the other international organisations concerned such as the United Nations Committee on the Rights of the Child, the European Parliament, Unicef, etc., the relevant NGOs and children themselves.7 The rapporteur would hope, in particular, that the Council of Europe's Parliamentary Assembly and the European Parliament would work together on this important issue rather than seek to develop their own individual strategy.
18. In addition to reporting regularly on the situation of children in Europe (see paragraph 12 above), this body would be responsible for defining common priorities and objectives and determining the indicators needed to assess progress achieved in implementing different aspects of children's rights. In monitoring progress, it would identify and publicise any positive initiatives taken to implement children's rights.
19. That structure should be a place for exchanges of views and debates dealing with issues which have particular priority in Europe, such as children without family, children of migrant or travelling families, child refugees, children in war zones, child employment, etc.
As regards child employment, legislative safeguards should be introduced or improved to prevent exploitation or injury to the child's development while encouraging the positive experience and involvement of children in the world of work. Effective strategies for bridging young people into work should exist, recognising the long-term personal and social consequences of unemployment.
One of the priorities should be the elimination of child poverty8 across Europe and this requires the recognition of social consequences of poverty, both absolute and relative.
Co-operative arrangements should be established on world-wide issues including abduction, inter-country adoption, child pornography, child prostitution and other forms of exploitation.
Explicit recognition of children's civil and political rights
20. Unlike economic and social rights, civil and political rights are directly applicable upon ratification of the United Nations convention. Children's civil and political rights must therefore be explicitly recognised at national level.
Most European countries argue that, under their constitution or civil or criminal codes, children automatically enjoy these rights in the same manner as all adult citizens. But this is not enough.
In the majority of countries, children are always subject primarily to parental authority and secondly to control by other adults or authorities (for example in education). They should have their rights explicitly recognised, and legal, administrative and social machinery should be set up to ensure that these rights are implemented and respected.
21. Such explicit recognition must, for instance, guarantee children the right to their own name and nationality and to the preservation of their identity, the right to have their views heard and given due consideration, freedom of expression and information, freedom of thought, conscience, religion and association, protection of privacy, physical integrity9 and a justice system respectful of their rights to due process,10 which gives priority to social rehabilitation and regards custodial sentences for children as a last resort to be used only for short periods.
Budgetary priority
22. Just as societies invest in their industrial infrastructures for instance, in order to ensure their economic development, they clearly also have a duty to invest in their children and give them budgetary priority. However, this duty is often not recognised even when countries are prospering, and the situation is worse still during periods of recession and, at present, in the case of certain countries moving towards the market economy.
23. The reason for these shortcomings is usually that the resources allocated for the specific needs of children are not visible. How can we tell, for example, what percentage of a budget goes on social and health services, education, cultural, sporting or recreational activities for children? Many people would be amazed to discover what a small slice of the cake they get. Sometimes political expediency and the favouring of shorter-term interests lie behind the lack of investment in children.
24. A European strategy for children must therefore seek to reverse this trend: governments should be asked to assess the actual level of resources allocated to children. The strategy must also recommend that these resources be made visible. They must be adequate and fair in relation to the spending on the needs of the other sections of the population, and they must under no circumstances be of a lesser amount. The rapporteur realises that central and eastern European countries faced economic problems but he trusts his views on budget priorities will be given very serious consideration by them.
25. The resources concerned must be protected, that is "ring-fenced", to prevent their being used for any other purposes. Application of the "standstill" or "ratchet" principle would prevent them dropping below the highest level previously attained.
26. Investing in children means targeting objectives: priority should be given to areas where the returns are highest for the greatest number of children or for the most disadvantaged. Special budgetary resources should therefore be focused on preventive services or on services for children in their early years.
Information, education and participation
27. A guiding principle of this European strategy is that children's views should be heard and that children should take an active part in decision-making which affects them. This should occur at every level of society and in every sort of decision-making.11
Information for children, dialogue, the sharing of decision-making and the non-violent resolution of conflicts are essential elements in teaching children to play a responsible part in family life, defined as the smallest democracy at the heart of society, and even more so in society itself.
28. Such active involvement of children must extend to other areas like schools, hospitals and children's homes, etc. In some countries, children are already involved in running various institutions of this kind, for instance through seats on governing boards. We must promote dialogue between children and various professionals, policy-makers and judicial or administrative authorities.
29. In some countries, children's councils or children's elected representatives work together with adult councillors and defend and promote children's interests. They make significant contributions in areas such as urban planning, traffic problems, measures to combat racism, drug abuse or juvenile crime. In some cases, the members of certain professions are required by national legislation or their own professional codes of practice to seek children's views and give them due attention.
30. Realising children's rights means informing12 children about these rights. Many states have already taken the steps needed to publicise the Convention on the Rights of the Child, as indeed they are required to do by the text itself. The information provided must also cover the legal and other remedies available to children if, for example, they suffer abuse. The rapporteur notes that some countries have developed a free telephone service where children can talk in confidence and seek assistance. Specific training on children's rights must also be given to all professionals who come into contact with children.
31. Children's education rights should be developed, such as access to free education for the pre-school, primary and secondary range; free special education provisions; systematic development of integrated education (both in terms of disability and across cultural/religious divisions). Development of the curriculum and school structures should be in line with the United Nations convention and Council of Europe goals for education. Teaching the rights and responsibilities of children should already be included in the curriculum at primary school level.
32. Through schools and also via the media -foremost among which, due to its impact, the television — countries should also take steps to give education wider aims13 such as teaching children to prevent racism,14 to show tolerance and goodwill towards people from different backgrounds, education for peace and non-violent conflict resolution, health education (including sex education, drug education and education for parenthood) and, of course, education for citizenship. Above all, children must be educated to become responsible citizens who understand and subscribe to the values of the democratic society in which they live and ought to play an active part.
Solidarity and Europe's responsibilities
33. Our continent of Europe does not exist in isolation from the rest of the world. However, this obvious truth, which is readily accepted, not to say worshipped, in the business sector, meets with much self-interest and reticence when it comes to discussing human beings and the possible and desirable forms of interdependence and solidarity between Europe and the rest of the planet.
Yet the lives and fates of children in countries which are not members of the Council of Europe are very often greatly influenced by the activities of European countries, whether governments, companies or individuals. That is why our commitment to the rights of children helps countries throughout the world. We only need mention the economic exploitation of children or the forced child labour found in certain developing countries, the exploitation of young girls and boys by European sex tourists, and children who are the victims of war, left starving or, disabled for life by weapons such as land mines produced and exported by European countries ...
34. The prevarications of the international community over the possible introduction of a social clause in international trade relations or the banning of certain types of weapon are deplorable. Some countries happily do not hesitate in departing somewhat from their traditional rules of law to combat acts of child abuse more efficiently at international level, for example by ensuring that their citizens be prosecuted in case of offences committed abroad.15
35. If they are to be credible, our efforts to promote children's rights must be consistent. Europe, as a continent favoured by a high level of industrialisation and wealth, must assume its responsibility for the world's needy children.
Europe must therefore commit itself to implement effectively and universally the provisions of the UN Convention on Children's Rights. As an aid donor, it must commit itself to increasing its aid to at least 0,7% of GNP and devoting at least 20% of its aid to basic social services for human development and show far more sympathy to poor and third world countries on the policies of repayment of debts caused by the borrowing of funds from world aid organisations.
Conclusions
36. This strategy, which is meant to help advance the cause of the rights of the child should, in the opinion of the rapporteur, give rise to a number of recommendations to be addressed to the states grouped together in the Council of Europe and to the Organisation itself.
The states should be asked :
— to reaffirm their attachment to certain fundamental principles and, if this has not yet been done, to ratify and implement the United Nations Convention on the Rights of the Child without reservations, as well as the different relevant conventions of the Council of Europe;
— to demonstrate their political will to help promote this cause at national level, through the adoption a proactive policy in favour of the child implying, inter alia:
- the setting up of political and administrative structures capable of promoting the rights and interests of children,
- guaranteed appropriate budgetary allocations,
- as well as an explicit recognition of the civil and political rights of the child.
37. At international level states should be asked to continue, and indeed increase, their development aid, and to intensify international co-operation and co-ordination, in particular at European level.
The rapporteur believes that the Council of Europe, as the guardian of human rights, has a specific role to play in promoting the cause of children and placing children's rights among the fundamental values of Europe. Owing to its geographical composition, the rapporteur believes that the Council of Europe is the appropriate forum, and he will recommend in particular to the Committee of Ministers to set up a multidisciplinary, permanent structure for this purpose.
The rapporteur hopes that his report, once adopted, be largely disseminated and in particular transmitted to the Leipzig Conference (30 May-1 June 1996) which will close the "Childhood policies project" of the Council of Europe and which will deal with "Children's rights and childhood policies in Europe: New approach?".
APPENDIX
Note 1
A first draft of this strategy is contained in the declaration adopted jointly by the Social, Health and family Affairs Committee and Unicef in June 1994 in Geneva. They agreed inter alia to give children political priority in policy development as wall as budgetary allocation at every level. They also hoped to ensure an inter disciplinary and comprehensive approach and to promote co-ordination with all relevant partners.
Note 2
The rapporteur would like to thank, in particular, Mrs Bilge Ogun Bassani, Deputy Director, and Mrs Kristina Schellinski of Unicef together with the experts in children's rights: Mr John Rea Price and Ms Rachel Hodgkin (National Children's Bureau, London), Mr Catalin Zamfir (Institute of Quality of Life, Bucharest), Mrs Marta Santos Pais (Counsellor for Human Rights, Lisbon) and Mr Karl Erik Knutsson (Unicef International Child Development Centre, Florence), as well as Mrs Louise Sylvander, Ombudsman for Children in Sweden.
Note 3
This convention adopted in 1989 which is ratified by nearly all the member states of the Council of Europe, recognises the indivisibility of civil, political, social, economic and cultural rights. However numerous reservations were made.
Note 4
The European Convention on Human Rights does not refer explicitly to children's rights but covers "everyone"; the parliamentary Assembly has frequently called for specific protocols on children's rights, reiterating this wish very recently when adopting its opinion on the draft European convention on the exercise of children's rights (Opinion No. 186).
The European Social Charter covers children's rights, albeit not comprehensively. It contains two articles: Article 7 on the protection of children and young persons at work and Article 17 on mothers and little children. The draft revised charter will contain a more comprehensive provision on children.
Note 5
Spain — central government initiatives for children
In June l989 Spain established an Inter-Ministerial Commission for Youth and Childhood, which consists of representatives from the Ministries of Social Affairs, Agriculture Fisheries and Food; Relations with Parliament, Culture, Foreign Affairs, Health and Consumer Affairs, Justice, Industry Trade and Tourism, Education and Science, Public Administration, Labour and Social Security, Economy and Finance, Interior, Government Spokesman, Defence and Public Works and Transport. The commission is a collegiate body, attached to the Ministry of Social Affairs, for studying the problems of youth and childhood and proposing programmes and measures that will help solve these problems, co-ordinating the activities of the various departments connected with young people and children and drawing up policies that will lead to improvements in their conditions of life. Central government is also collaborating with NGOs in subsidising programmes aimed primarily at the social inclusion of disadvantaged children, offending children and the education of children aged 0-3. At the same time it has launched through the mass media a campaign "Get to know children" based both on the need to protect children and to actively involve them and encourage their autonomy.
Germany — cross-party parliamentary structures
An official Parliamentary Commission on Children's Affairs started work in l988. The commission consists of one Bundestag member from each of the four main political parties. Its main task is to review and influence federal laws affecting children and to promote the interests of children within the Bundestag. When the commission arrives at a consensus view its recommendations can have significant impact on the formation of policy and legislation.
Denmark — an action plan for children and young people
Denmark, in common with other countries, faces difficulties in working effectively and inter-sectorally on behalf of disadvantaged children. An inter-ministerial committee from 16 ministries, under the auspices of the government's children's committee, has now prepared a new action plan targeted at the 15% of Danish children who are disadvantaged, for example through poverty, disability, abuse or family breakdown. Multidisciplinary teams are being set up to advise teachers and welfare workers, particularly about preventive work with families, and to ensure that children and families have unified delivery of services; open-access anonymous advice services for children are being opened; research findings and practical advice is being disseminated on how families and children are best able to help themselves when under stress or in difficulties. The starting point for the action plan is that children's own resilience and capacity to cope must be strengthened through support.
Italy
A new Italian law has been drafted to institute a special commission on child affairs, responsible for the analysis and verification of the achievements of the government in the implementation of the United Nations Convention on the Rights of the Child. The relevant parliamentary commission has officially requested the collaboration of the Italian Unicef Committee, appointing it as the referent body for all pertinent documentation and in particular as an advisor on all matters concerning the rights of the child, as stated in the convention, especially children's right to information and freedom of thought.
Note 6
Norway — a children's ombudsman
Norway established the first European statutory ombudsperson for children — the Barneombud — in l98l. The Barneombud is autonomous but has statutory powers. Its object is to "promote the interests of children vis-à-vis public and private authorities". The office works by recommending legal or policy changes to central and local governments and politicians; using the media; distributing information on children's rights; investigating and taking up individual cases and raising issues of principle which arise from them. It has no power to take decisions itself or revoke or alter decisions taken by the authorities, but it does have a statutory right of access to children's institutions and confidential information and records. It is consulted formally by government as a part of the consultative hearings process which Norwegian ministries conduct before legislative proposals are presented to parliament. The Barneombud's interventions both in government policy and in individual cases have led to significant changes in the lives of Norwegian children.
Austria
In Austria the Jugendwohlfahrsgesetz of 1989 constitutes the legal basis for the establishment of ombudsman systems for children and youth in each of the nine Länder. According to Section 10 of the Youth Welfare Act, it is the legal task of the ombudsman for children and youth:
1. to counsel minors, persons legally responsible for a child and legal guardians in all matters relating to the position of the minor and the task of the person legally responsible for the child;
2. to assist in cases of disagreement about care and upbringing.
By establishing a total of ten ombudsman systems for children and youth at the federal level and in all the Länder, and by appointing a children's agent in Graz, Austria has created a comprehensive network even by international standards. The ombudsmen consider the United Nations Convention on the Rights of the Child an integral part of their work and thus also contribute to the implementation and development of children's rights in Austria.
Note 7
Representatives of the Social, Health and Family Affairs Committee and numerous children attended the Madrid Conference (1-3 December 1994) on "Evolution of the role of children in family life: participation and negotiation". In the final recommendations, the Council of Europe was asked "in its own activities to seek to learn from the advice of children. Young participation should be actively encouraged at conferences and other meetings, not only when child related matters are discussed. This will require a constructive review of the language and terminology used by actors within the Council."
Note 8
See Unicef report on child neglect in rich nations (1993).
Note 9
Six European countries respect children's right to physical integrity
Six European countries, Austria, Cyprus, Denmark, Finland, Norway and Sweden, have guaranteed children a legal right of physical integrity — in other words the right not to be hit or otherwise physically punished by parents or other adults in charge of them. This right has not led to inappropriate prosecutions of parents, nor to increased numbers of children in state care, nor to a rise in out-of-control or undisciplined children. On the contrary the evidence shows that such legal reform has led to major changes in public attitudes, the introduction of positive forms of child-rearing and a diminishment in abusive forms of discipline.
Note 10
Portugal — a child-centred juvenile justice system
Children under the age of sixteen are considered not to be criminally liable for crimes they may commit and criminal penalties may not be applied to them. In particular they may not be locked up. When they offend, if family-based measures cannot be used, the children are placed in unlocked youth care centres or children's homes (of which about 400 places are available nationally). These are aimed exclusively at social rehabilitation, with active family involvement. Young people between sixteen and eighteen are subject to ordinary criminal legislation, but the Portuguese criminal code regards custody as a sentence of last resort, particularly for this age group. The numbers of imprisoned sixteen to eighteen year-olds, tried and untried, has diminished from 8,3% of this group of offenders in l983 to 3,4% (324 young people in all).
Note 11
Scandinavian measures to ensure that children's views are respected within the family
Under a l983 act, before making a decision on a matter affecting a child, Finnish parents and custodians are under a statutory duty to "where possible, discuss the matter with the child taking into account the child's age and maturity and the nature of the matter. In making the decision the custodian shall give due consideration to the child's feelings, opinions and wishes." A l98l Norwegian act similarly requires parents to hear the views of the child on relevant decisions, and in Sweden custodians must "in step with the child's advancing age and development, make increasing allowance for the child's views and wishes".
France — representing children's views in towns, schools and institutions
Over the last fifteen years more than 700 towns in France have developed children's councils. Children aged between nine and eighteen are elected by their peers to represent children's views, over a two-year period, to elected members and local decision-makers, in partnership with teachers, town-planners and local organisations. The effective advocacy of these young representatives has led to real changes in the lives of local children — for example in urban planning, increased play spaces, cheap access to cultural events, healthier environments, safer traffic routes and measures to combat racism and drug abuse. In education, not only schools have student councils, but also every educational district has student representation and at national level three high school pupils are elected (and trained) to sit on the Central Board of Education and take part in the major discussions on the educational system. By law children over twelve years of age living in social or medical institutions must be involved, with their parents, in the operation of the institution including participation in the board of administration.
Poland — children's rights in schools
Poland's 1991 Education Act entitles pupils to rights of representation on all school matters; pupils' representatives are also allowed to participate in the school committees which are charged with solving internal school problems. Teachers are required to be guided by the pupils' interests, concern for their health and the principle of respect for the personal dignity of each pupil. (Poland was the first European country to ban corporal punishment in schools — in l783.) A number of areas have instituted an ombudsperson for pupils' rights (as yet on a non-statutory basis) as a measure to prevent and solve school conflicts. Initial evaluation suggests that these ombudspersons are more effective than administrative or legal interventions.
Note 12
The Netherlands — children's easy access to help, advice and advocacy
Advice centres for young people (the JAB: jongeren adviesburo) were set up almost thirty years ago by local social services departments. These advise young people between twelve and twenty-five on areas such as education, health care, housing and employment. They can come on their own or with a parent or friend. Most telephone for an appointment, but they can just drop in and wait until a social worker is free. Despite the high demand for this service there are no waiting lists as the aim is to solve problems as quickly as possible. If longer-term help is needed JAB will offer advocacy and mediation, visiting families, accompanying the young person to meetings and offering group therapy. The service is widely advertised through schools and youth clubs.
Note 13
Spain — the wider aims of education
A recent education act in Spain establishes some issues that must be addressed throughout the different curricula subjects. These include moral and civic education, education for peace, education for health, education for equality of opportunity for the two sexes, environmental education, sex education, consumer education and education on traffic rules.
Note 14
On 28 June 1995 the Social, Health and Family Affairs Committee held an exchange of views with Professor Magne Raundalen of the Crisis Psychology Centre at the University of Bergen (Norway), who expressed his conviction that racism and xenophobia could be prevented in childhood, during what he termed the golden age, that is between the ages of eight and twelve; schools must be made responsible for giving children positive attitudes, and the right kind of environment must also be developed outside through awareness-raising and by involving civil society and the media.
Note 15
For example, the Belgian law of 13 April 1995 on the suppression of the slave trade in human beings and of child pornography stipulates, in its Chapter III Article 8, that any Belgian citizen, or foreigner in Belgium, can be prosecuted, even in the absence of a complaint or an official advice from a foreign authority, in the event of offences committed outside the territory of the Kingdom against minors less than sixteen years-old.
Reporting committee: Social, Health and Family Affairs Committee.
Budgetary implications for the Assembly: none.
Reference to committee: Doc. 6838 and Reference No. 1871 of 5 June 1993.
Draft recommendation and draft order unanimously adopted by the committee on 23 November 1995
Members of the committee: Mr Gusenbauer (Chairman), Mr Rathbone (Vice-Chairman) (Alternate: Earl of Dundee), Mr Marques (Vice-Chairman), Mrs Albrink, Mrs Andnor, MM. Banks (Alternate: Cox), Mrs Belohorska, Mrs Birzniece, Sir Andrew Bowden, Mr Bugli, Mrs Burbiené, MM. Buzatu, Christodoulides, Croze, Curto, Dees, Deguara (Alternate: Farrugia), Dionisi, Djerov, Mrs Fleetwood, Mrs Gatterer, Mr Geoffroy, Mrs Golemi, MM. Gross, Haack, Hegyi, Mrs Høegh, MM. Horn, Jacquat, Jónsson, Kelam, Keller, Kollwelter, Kotsonis, Koucký, Mrs Luhtanen, MM. Maginas (Alternate: Korakas), Małachowski, Mrs Maximus, MM. Mazzone, Mozetic, Mrs Van Nieuwenhoven, Miss Özver, MM. Palacios, Paunescu, Mrs Poptodorova, Mr Raska, Mrs Robert, MM. Robles Orozco, Scaglioso, Valkeniers, Wallace, Wielowieyski, Yürür.
N.B.: The names of the members present at the meeting are in italics.
Secretaries to the committee: Ms Coin, Ms Meunier and Mr Gruden.
1 1by the Social, Health and Family Affairs Committee
2 * All the endnotes appear in the appendix hereto.