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Resolution 2056 (2015)
The inclusion of children’s rights in national constitutions as an essential component of effective national child policies
1. Children’s rights are anchored
in national constitutions and legislation in various ways across
Europe, in accordance with diverse legal traditions and legal, political,
social and cultural backgrounds. The United Nations Convention on
the Rights of the Child (CRC), which provides that “States Parties
shall undertake all appropriate legislative, administrative, and
other measures for the implementation of the rights recognized in the
present Convention”, is a global standard to be respected by all
Council of Europe member States.
2. The Parliamentary Assembly is concerned that member States
of the Council of Europe have not yet exploited all constitutional,
legal and administrative means at their disposal to protect children
and promote their development and life chances to the greatest extent
possible. With new threats to children’s safety and well-being emerging
in the 21st century, such as risks linked to information and communication
technologies or children’s particular vulnerability in a context
of austerity measures applied to public services, bolder measures
are needed.
3. The incorporation of children’s rights into national constitutions
can be considered as an essential component of national children’s
rights policies. The effectiveness of constitutional provisions
regarding children’s rights, however, also depends on domestic legislation,
policies and administrative set-ups aimed at enforcing these rights.
4. Taking into account European diversity in this field and good
practices identified in many countries, the Assembly calls on member
States to re-examine their constitutional and legislative coverage
of children’s rights, as well as their enforcement at the national
level, so as to further incorporate and materialise the universal
principles provided by the CRC.
5. With a view to the need to update constitutional and legislative
frameworks, the Assembly thus calls on member States to:
5.1. analyse current constitutional
provisions in the light of international standards and recent developments
in a given national context;
5.2. provide constitutional guarantees for the protection and
promotion of children’s rights based on a modern approach addressing
children as autonomous rights-holders, ensuring that the best interests of
the child are a primary consideration (Article 3 of the CRC) and
giving children the right to be heard in all decisions affecting
them (Article 12 of the CRC);
5.3. implement international standards through the most comprehensive
and up-to-date national legislation, also to respond to specific
threats against children and their rights.
6. With a view to enforcing children’s rights, be they anchored
in constitutions or national laws, the Assembly invites the member
States to:
6.1. sign up to and respect
international instruments and mechanisms for the enforcement of children’s
human rights, including the new Optional Protocol of the Convention
on the Rights of the Child on a communications procedure, the case
law of the European Court of Human Rights, the Additional Protocol
to the European Social Charter providing for a system of collective
complaints (ETS No. 158), as well as the Guidelines of the Committee
of Ministers of the Council of Europe on child-friendly justice;
6.2. develop appropriate and accessible enforcement mechanisms
for children, including access to judicial remedies and courts,
specific complaint mechanisms and adequate procedural safeguards,
at national level;
6.3. provide strong procedural guarantees for the enforcement
of children’s rights, including by setting up an independent human
rights institution for children (according to the Paris Principles).
7. With a view to more general measures aimed at promoting children’s
rights and supporting any constitutional, legislative or political
reforms, member States are invited to:
7.1. continue to organise international exchanges in this field,
so that States can learn from each other in promoting higher standards;
7.2. support the effective implementation of children’s rights
through specific national policies and an appropriate framework
of administrative services, accompanied by the allocation of the
necessary budgetary resources;
7.3. set up or strengthen children’s rights committees in national
parliaments on a permanent basis to ensure democratic oversight
over the full implementation of children’s rights.