Doc. 9097
9 May 2001

Violations of the rights of a child in the case of Mrs N. Zakharova

Motion for a resolution

presented by Mr Maltsev and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The Assembly expresses concern over the case of Mrs N. Zakharova, a native of Russia, now residing in France.

      As the result of a series of legal decisions, the daughter of Mrs. Zakharova, Maria, was taken away from her mother and placed in a foster family regardless of the fact that the mother had never been deprived of her rights as a parent. Therefore, these decisions violate international legal norms according to which a child can be taken away from the mother only in cases of ill treatment established by a court.

      Mrs N. Zakharova is allowed to see her daughter once a month for two hours, while the father can see her without restrictions and even taken her from the foster family. Thus the equality of rights between women and men is violated.

      The daughter of Mrs Zakharova cannot enjoy her right to be cared for by her mother, and is deprived of her right to individuality, freedom of conscience, thought and religion. The need to take into account the ethnic, cultural and language background of a child when she (he) is placed into a foster family were ignored. As a result, Maria, being baptised as Orthodox, has forgotten the Russian language and has found herself isolated from Russian culture and religion.

      The Assembly considers that the principles of humanity and international legal norms as well as the Council of Europe standards on the protection of the rights of a child have been violated in the case of Mrs Zakharova.

      The Assembly calls upon the French authorities concerned to take steps to remedy the situation.

      The Assembly instructs the Committee on Legal Affairs and Human Rights to study the case of N. Zakharova and to report to the Assembly on whether the legal norms and judgements applied towards N. Zakharova are compatible with the Coucil of Europe standards and Assembly resolutions and recommendations in the field of protection of the rights of a child, and whether the decisions made in the case of Mrs Zakharova are free from discrimination on the grounds of nationality.

Signed : ¹

Maltsev, Russia, UEL

Alis Font, Andorra, SOC

Bartumeu Cassany, Andorra, SOC

Begaj, Albania, SOC

Carvalho, Portugal, UEL

Clinton-Davis, United Kingdom, SOC

Cox, United Kingdom, SOC

Davis, United Kingdom, SOC

Dokle, Albania, SOC

Etherington, United Kingdom, SOC

Grachev, Russia, EPP/CD

Hoffmann, Germany, SOC

Judd, United Kingdom, SOC

Khripel, Russia, SOC

Kotsonis, Greece, SOC

Kovalev N., Russia, SOC

Lopez Gonzalez, Spain, SOC

Naumov, Russia, LDR

Oliynyk, Ukraine, UEL

Popovski, “the former Yugoslav Republic of Macedonia”, SOC

Rapson, United Kingdom, SOC

Slutsky, Russia, SOC

Stefani, Albania, SOC

Torrado, Spain, SOC

Ustiugov, Russia, EPP/CD

Vis, United Kingdom, SOC

Wodarg, Germany, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group