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Reply to Recommendation | Doc. 13878 | 24 September 2015
Social services in Europe: legislation and practice of the removal of children from their families in Council of Europe member States
1. The Committee of
Ministers has carefully examined Parliamentary Assembly Recommendation 2068 (2015)
on “Social services in Europe: legislation and practice of the removal
of children from their families in Council of Europe member States”,
which it has forwarded to the relevant committees and bodies for information
and comments.
2. The protection and promotion of children’s rights is a priority
for the Council of Europe and, in that context, the Committee of
Ministers welcomes the initiative of the Parliamentary Assembly
to draw attention to the need to improve the protection of children’s
rights and their best interests in decisions concerning their removal
from parental care or decisions not to remove them from parental
care.
3. The Committee of Ministers would like to recall that the European
Convention on the Adoption of Children (revised) (CETS No. 202)
requires parental consent for adoptions in addition to requiring
prior consultation of the child. Moreover, the European Convention
on the Exercise of Children’s Rights (ETS No. 160) affirms the procedural
rights of children and that decisions by judicial authorities shall
be taken with regard to the best interests of the child. The Committee
also draws attention to the following conventions: the European
Convention on Recognition and Enforcement of Decisions concerning
Custody of Children and on Restoration of Custody of Children (ETS
No. 105) and the Convention on Contact concerning Children (ETS No. 192).
In addition, the United Nations Convention on the Rights of the
Child is of particular importance as it enshrines the child’s right
to maintain personal relations and direct contact with both parents
(Article 9).
4. The Committee of Ministers nonetheless recognises that, despite
the existence of international standards in this area of children’s
rights, there may be a lack of their uniform application in decisions
on child removal, adoption, placement and reunification. A need
may therefore exist for further action to bridge the gap between
legal commitments enshrined in international standards and their
implementation.
5. The Committee of Ministers invites the Committee of Experts
on the Council of Europe Strategy for the Rights of the Child (2016-2019)
(DECS-ENF), in the context of the preparation of the future Council
of Europe Strategy for the Rights of the Child, to continue bearing
in mind, among other issues, the situation of children in care and
child friendly social services and systems, and enhancing the implementation
of the Council of Europe’s standards in this area.