Doc. 9437

7 May 2002

Minors in care: the situation in the member countries of the Council of Europe

Motion for a recommendation

presented by Mrs Torrado and others

1.       Public authorities are required to guarantee the social, economic and legal protection of families, and especially minors.

2.       The relevant public institutions must automatically take over responsibility for minors in cases where their protection is seriously inadequate.

3.       Furthermore, the general principle must be that any administrative measures taken must consider the minor’s interest and not interfere with his or her school or social life, of which the minor’s parents or guardians must be kept informed; they must also be informed of the reasons for the authorities’ intervention and the possible effects of the decision.

4.       In many countries, the question arises whether the legal institutions for the protection of minors respond adequately to the many and various situations encountered.

5.       Fostering is an alternative to placement in public institutions with a view to protecting minors in cases where protection is absent or inadequate.

6.       However, it has been noted that insufficient resources are available for detailed monitoring of the development of minors’ behaviour and, above all, effective collaboration with families of origin that makes it possible to prolong fostering or, where appropriate, return minors to their families thereby avoiding the gradual breakdown of those families. Legal formalities must also be eased as much as possible to give minors greater stability and legal certainty, while continuing to respect the rights of the various parties involved.

7.       For all these reasons, the Assembly recommends that the Committee of Ministers:

i.       gather information on the laws in force in the member countries of the Council of Europe with regard to the rights of minors who are given inadequate or no protection;

ii.       see to it that a study is made of the capacity of care centres to meet minors’ needs to the full and that any operational shortcomings are noted;

iii.       see to it that the development of minors’ behaviour in care centres is examined in order to determine whether it is similar to the behaviour of minors placed in foster care;

iv.       prepare a report on the legal provisions governing foster care in the member countries of the Council of Europe;

v.       study the possibility of drafting a legal text aimed at harmonising the criteria in the member states, while considering all aspects of the absence or temporary inadequacy of protection for minors, and the possibility of prescribing permanent foster care or deciding that minors should be returned to their biological families in cases where the circumstances that led to the loss of parental authority have been rectified.

Signed : ¹

Torrado, Spain, SOC

Agudo, Spain, SOC

Alís Font, Andorra, SOC

Belohorská, Slovakia, EDG

Biga-Figanović, Croatia, SOC

Brînzan, Romania, SOC

Høie, Norway, EPP

Kontogiannopoulos, Greece, SOC

McCafferty, United Kingdom, SOC

Olekas, Lithuania, SOC

Tkáć, Slovakia, EDG

Truu, Estonia, EDG

Tudose, Romania, SOC

Varela i Serra, Spain, LDR

Vis, United Kingdom, SOC

¹        SOC: Socialist Group

      EPP: 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