Committee Opinion | Doc. 14504 | 21 February 2018
Gender equality and child maintenance
Committee on Social Affairs, Health and Sustainable Development
A. Conclusions of the committee
(open)The Committee on Social Affairs, Health and Sustainable Development welcomes the report prepared by Ms Gisela Wurm (Austria, SOC) for the Committee on Equality and Non-Discrimination. It fully supports the recommendations that the Council of Europe member States should ensure that child maintenance payments are paid fully and on time, and, in cases of non-compliance, should substitute themselves and advance payment in the best interests of the child.
However, the report submitted to the Parliamentary Assembly by the Equality Committee focuses on the gender equality aspect of child maintenance. It is important to keep in mind that child maintenance is the right of the child (as guaranteed by the United Nations Convention on the Rights of the Child), not of a parent of whatever gender.
Thus, whilst fully agreeing with the aims of the Equality Committee, the Social Affairs Committee wishes to propose a number of amendments to ensure that a few specific aspects of the particular situation of children are better highlighted in order to create greater awareness among law- and policy makers.
B. Amendments to the draft resolution
(open)Amendment A (to the draft resolution)
At the end of paragraph 4, add the following words:
“and provide children with equal opportunities in life.”
Amendment B (to the draft resolution)
In paragraph 5, after the words “intentional non-compliance”, add:
“, irregular”
Amendment C (to the draft resolution)
At the end of paragraph 5, add the following sentence:
“Children in particular can be traumatised by witnessing domestic violence of any kind.”
Amendment D (to the draft resolution)
At the end of paragraph 6, add the following words:
“and which entered into force on 1 August 2014 in all European Union countries except Denmark.”
Amendment E (to the draft resolution)
At the beginning of paragraph 7.2.1, insert the following words:
“in the best interests of the child,”
Amendment F (to the draft resolution)
At the end of paragraph 7.2.1, add the following words:
“with no or minimal fees for the recipient;”
Amendment G (to the draft resolution)
After paragraph 7.2.5, add the following paragraph:
“promote mediation between separated parents as a means of overcoming conflicts over child maintenance payments;”
C. Explanatory memorandum by Ms Liliane Maury Pasquier, rapporteur for opinion
(open)
- a child has “as far as possible, the right to know and be cared for by his or her parents” (Article 7.1);
- “States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests” (Article 9.3).
- “States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child” (Article 18.1).
- “States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad” (Article 27.4)