RESOLUTION A3-0172/92
Resolution on a European Charter of Rights of the Child
The European Parliament,
-having regard to the motions for resolutions by:
(a)Mr Casini and others on the European Charter of Rights of the Child (B3-0035/90),
(b)Mrs Ceci and others on the sexual exploitation of children, child pornography and prostitution, and trade in children in Europe (B3-0505/90),
(c)Mr Ferri on improved child protection, with particular reference to children who have disappeared (B3-2166/90),
(d)Mr Sisó Cruellas on child abuse (B3-1669/91),
-having regard to the petitions:
(a)No. 430/90, by Mrs Kaloudaki (Greek) on behalf of the Independent Women's Movement on the sexual abuse of children by their fathers; and
(b)No. 588/90 by Mr Alan Milburn (British) on child pornography and child sexual abuse,
-having regard to its resolution of 12 July 1990 on the Convention of the Rights of the ChildOJ No. C 231, 17.9.1990, p. 170 and its resolution of 13 December 1991 on the problems of children in the European CommunityOJ No. C 13, 20.1.1992, p. 534,
-having regard to its resolution of 12 April 1989 adopting the Declaration of fundamental rights and freedomsOJ No. C 120, 16.5.1989, p. 51,
-having regard to its resolution of 26 May 1989 on the abduction of childrenOJ No. C 158, 26.6.1989, p. 391,
-having regard to its resolution of 13 May 1986 on a European Charter for children in hospitalOJ No. C 148, 16.6.1986, p. 37,
-having regard to Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the CommunityOJ No. L 257, 19.10.1968, p. 2; Commission Regulation (EEC) No. 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that StateOJ No. L 142, 30.6.1970, p. 24; and Council Directives 90/364/EEC on the right of residence, 90/365/EEC on the right of residence for employees and self-employed persons who have ceased their occupational activity and 90/366/EEC on the right of residence for studentsOJ No. L 180, 13.7.1990, pp. 26-30,
-having regard to Council Directive 77/486/EEC on the education of the children of migrant workersOJ No. L 199, 6.8.1977, p. 32,
-having regard to the United Nations Convention on the Rights of the Child of 20 November 1989,
-having regard to the European Convention on Human Rights,
-having regard to the Council of Europe's Convention 105 on recognition and enforcement of decisions concerning custody of children and on restoration of custody of children and the 1980 Convention of The Hague on civil aspects of the abduction of minors,
-having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Women's Rights (A3-0172/92),
whereas every individual's childhood and family and social background to a great extent determine his or her subsequent life as an adult,
stressing in particular the fundamental role of the family and its stability in ensuring the harmonious and balanced development of the child,
whereas children constitute one of the most vulnerable sections of the population, whose specific needs must be satisfied and safeguarded,
whereas many international texts have recognized that these needs give rise to a number of rights for children which in turn entail obligations for parents, the State and society in general,
Recalls that in its resolutions of 12 July 1990 and 13 December 1991 it called on the Member States conditionally to become parties to the United Nations Convention of 1989 on the Rights of the Child;
Considers that as soon as all EC Member States have ratified the Convention the European Community should also become party to it;
Takes the view, however, that children in the Community have certain specific problems and that they will be affected in particular by some of the consequences of European integration and the completion of the single market;
Believes therefore that specific Community instruments, derived from the United Nations Convention on the Rights of the Child, should be introduced to deal with the special problems that European integration will create for under-age children and for which there are no provisions in the legislation of the Member States;
Requests the Legal Affairs Committee of the Parliamentary Assembly of the Council of Europe to step up its work on family law, in particular its work on the applicability of the Convention on Human Rights to children, and to consider the option of appending a supplementary protocol to the Convention containing special provisions on the rights of the child;
Calls on the Member States to appoint a children's ombudsman, qualified in each country to safeguard children's rights and interests, deal with their requests and complaints, monitor the application of laws protecting children, and inform and guide the public authorities in their work to uphold children's rights;
Calls also on the competent Community authority to appoint a children's ombudsman, with the same powers, at Community level;
Calls on the Commission to submit, on the one hand, specific proposals for appropriate actions in favour of a policy on the family, and on the other a draft Community Charter of Rights of the Child containing a minimum of basic principles and using the following definitions:
8.1. The term 'child' is taken to mean any human being under the age of 18 unless, by virtue of the national laws applicable to him, he has already reached the age of majority. For purposes of criminal law the age of 18 shall be considered the minimum age of criminal responsibility.
8.2.Any child who is a citizen of the European Community must enjoy all the rights listed in this Charter in accordance with the procedures laid down in national legislations and the principles of Community law.
8.3.Any child, irrespective of his origin, who is dependent on a national of Member State who is or has been employed or resides in another Member State, must, in that territory, benefit from all those rights and advantages which his family enjoys by virtue of Community legislation on freedom of movement for workers and the right of residence.
8.4.Children from third countries, whose parents lawfully reside in a Member State of the Community, and refugees or stateless children recognized as such who reside in that Member State, must be able to enjoy in that state the rights listed in this Charter in accordance with national laws and without prejudice to restrictions on any of these rights which may derive from Community law.
8.5.No child may be the subject, in the territory of the Community, of any discrimination on the basis of his or his parents' nationality, family background, sexual orientation, race, colour, sex, language, social origin, religion, belief, state of health or other circumstance.
8.6.Children from third countries, whose parents lawfully reside in a Member State must enjoy the same treatment in that State as the nationals of that State, in the spheres referred to in the association or cooperation agreements concluded between the Community and such third countries.
8.7.The provisions of this Charter may under no circumstances restrict children's rights and freedoms as recognized in national laws or in international instruments to which the States are party.
8.8.Every child has the right to life. If the parents or persons responsible for the child are not in a position to ensure his survival and development, the State must guarantee him the necessary protection and care and a decent minimum of resources and take steps to encourage and facilitate the provision of this care by individuals or families willing to do so, or, if this is not possible, via direct intervention by the authorities.
8.9.Every child must be registered after birth and shall be entitled to a name and a nationality. Any child who at the time of his birth is not entitled to the nationality of his parents or of one of them, must be able to acquire the nationality of the State in whose territory he was born, provided that this eventuality is covered by the legislation of that State.
8.10.Every child shall be entitled to protection of his identity and, if appropriate, be allowed to know certain circumstances regarding his biological origin, subject to the restrictions imposed by national laws to protect the rights of third persons. Steps must be taken to lay down the conditions under which the child is to be given information regarding his biological origin and to protect the child from the divulging of this information by third persons.
8.11.Every child has the right to parents, or if he has no parents, to persons or institutions to replace them. The father and mother shall be jointly responsible for his development and education. It is the parents' prime responsibility, within the limits of their financial resources, to give the child a decent life and the means to satisfy his needs. The State must provide parents with appropriate assistance to fulfil their responsibilities, in the form of social institutions, services and facilities. Working parents must also be entitled to leave of absence to care for their children.
8.12.If the parents die, the Member States shall set up the machinery necessary to safeguard the future of the orphaned children. The wishes of the deceased parents shall be given priority if they have been expressed and it is feasible to comply with them. The Member States shall take responsibility for this and shall take the necessary steps to keep orphans from the same family together and avoid separating them under any circumstances. The Member States shall also set up centres to accommodate orphaned children.
8.13.If the parents live apart, are legally separated or divorced or their marriage is declared null and void, the child shall have the right to maintain direct and permanent contact with both parents, who both have the same obligations, even if one of them lives in another country, unless the competent authorities in the Member State concerned declare this to be incompatible with safeguarding the child's interests. Appropriate measures must be adopted as soon as possible to prevent either of the parents or a third person from abducting children, unlawfully holding them or failing to hand them over, either in a Member State or in a third country. The legal procedures put in place must be capable of resolving disputes economically and speedily, and be easily enforceable throughout the Community.
8.14.Any decision regarding a child taken by its family, the administrative authorities or the courts must have as its prime aim the protection and safeguarding of the child's interests. To this end, provided that it involves no risk or prejudice to him, the child must be heard as soon as he is old enough and reaches sufficient intellectual maturity, regarding all decisions affecting him. So as to assist the competent persons to reach a decision, the child must in particular be heard in all proceedings and decisions involving a change in the exercise of parental authority, the allocation of care or custody, the appointment of a legal guardian, his adoption or placing in a home, educational institution or reintegration into society. For this purpose the Attorney-General's office shall be party to all proceedings and its chief role shall be to safeguard the child's rights and interests.
8.15.Any child who has one or both parents in prison must be allowed to maintain contact with them. Young children living with their mothers in prisons must have the benefit of suitable facilities and care. The Member State shall guarantee that such children attend school outside the prison.
8.16.As far as possible and in accordance with national legislation and international agreements, Member States must promote the adoption of children in their territory, subject to the authorization of their parents or guardians or following effective abandonment for a period fixed by law. All legislation enacted in this connection must give priority to the interests of the child. Abandoned children and other children definitively or temporarily deprived of a family environment must under all circumstances be given special protection and help.
8.17.Every child is entitled to live with his natural, legal or adoptive parents. Any child, whether or not a national of a Member State, shall be entitled:
(a)to settle with his father or mother who is a national of a Member State in the territory of the Member State in which he or she is or has been employed;
(b)to reside in the territory of another Member State in which his father or mother has right of residence, in accordance with any of the provisions on this right laid down in Community legislation.
In accordance with their national laws the Member States shall allow children from third countries to join their parent or parents who are citizens of third countries, if they lawfully reside in the territory of a Member State of the Community. Children must also be allowed to be reunited with their parents, even if the granting of the right of residence or nationality to the latter is subject to administrative or legal procedures.
8.18.Every child who is a national of a Member State shall be entitled to move freely throughout the territory of the Community, to leave it and to return when he wishes, subject in all cases to respect for the rights and obligations inherent in parental authority.
8.19.Every child has the right to physical and moral integrity. Where a child is subjected to torture or to inhuman, cruel or degrading treatment by any public or private person, such treatment shall be considered an especially aggravating circumstance. The Member States shall give special protection to any child who suffers torture, ill-treatment, brutality or exploitation at the hands of members of his family or the persons responsible for looking after him. Furthermore, the Member States shall ensure that such children continue their education and that they receive suitable treatment to facilitate their reintegration into society.
The Community and the Member States shall include in their development aid programmes specific projects for cooperation with third countries to combat both organized crime involving minors and brutal and repressive treatment of children.
8.21.Every child shall have the right to conscientious objection, in accordance with the laws in force in the Member States. No child under the age of eighteen shall be obliged to participate directly in warfare or other forms of armed conflict.
8.22.Every child shall have the right to freedom. No child may be unlawfully or arbitrarily detained or held incommunicado.
8.23.Every child shall have the right to legal security. Children accused of a crime are entitled to all the guarantees of a hearing in accordance with the due process of law, including the right to special and appropriate legal assistance in preparing their defence. If a child is found guilty of a crime, efforts shall be made to prevent his being deprived of his freedom or detained in a prison for adults. In this case, the child shall be given access to suitable treatment provided by specialized staff aimed at reeducating him and subsequently reintegrating him into society.
8.24.Every child shall have the right to receive and impart and information and to express his opinion. To this end he shall be entitled to form associations provided this does not prejudice the rights of third persons or contravene provisions laid down on this subject in national legislation.
8.25.Every child has the right to freedom of conscience, thought and religion without prejudice to the responsibilities laid down in national law in these areas for the child's parents or guardians.
In order to protect minors, there should be stricter controls on the activities of sects or new religious movements that can have an undesirable impact on children's education and cultural and social integration, along with adherence to Recommendation 1178 of the Council of Europe of 5 February 1992 which calls in particular for the syllabus of the system of general education to include concrete information on the major religions and their principal variants, on the principles of the comparative study of religion, and on ethics and personal and social rights.
8.27.Every child has the right to have his own culture, to practise his own religion or beliefs and to use his own language.
8.28.Every child has the right to leisure, play and voluntary participation in sports activities. He must also be able to take part in social, cultural and artistic activities.
8.29.Every child has the right not to be subjected by third persons to unjustified interference in his or his family's private life or unlawful attacks on his honour.
Every child shall have the right to health. Every child shall have be entitled to enjoy a non-polluted environment, clean accommodation and healthy nutrition. No child may be subjected to unnecessary medical treatment or scientific or therapeutic experiments, nor may he be subjected to tests to detect possible illnesses without due authorization from his parents or the persons responsible for him. No child may be the subject of discriminatory treatment, on grounds of illness, in centres providing family or health care.
The European Charter for Children in Hospital contained in Parliament's resolution of 13 May 1986OJ No. C 148, 16.6.1986, p. 37 should be included as an annex to the European Charter of Rights of the Child; the Commission should submit specific proposals to this end.
Children shall be protected from sexual illnesses and shall be provided with sex education and the necessary medical attention, including measures relating to birth control, information on birth control methods and the prevention of sexually-transmitted diseases in circumstances of respect for philosophical and religious convictions.
8.33.Every child shall be entitled to benefit from appropriate social services in connection with family life, education and reintegration into society.
8.34.Every child shall be entitled to benefit from social security benefits in accordance with the rules laid down in national legislation.
All children in the Community shall be guaranteed equal opportunities with respect to access to education and social security.
8.36.Every disabled child shall be entitled to:
(a)receive special care and attention;
(b)receive appropriate education and vocational training that will permit his social integration, either in an ordinary establishment or in a specialist establishment;
(c)take part in social, cultural and sporting activities.
Any child with a disability must have access to a job commensurate with his aspirations, training and abilities.
8.37.Every child is entitled to receive education. The Member States shall ensure that every child receives free and compulsory primary education. They shall adopt the necessary measures to guarantee access opportunities for all to secondary and university education. Children's education must, as well as preparing them for working life, also encourage the development of their personality and promote respect for human rights and the national cultural differences of other countries or regions and the eradication of racism and xenophobia. Such education must include instruction in the routines of political and industrial relations activity. The admission of a child to any establishment which receives public funding must not depend on the economic situation of his parents, their social, racial or ethnic origin, sexual orientation or their religious beliefs or lack of them. Every child shall be entitled to receive appropriate sex education and information. A child's schooling may not be affected or interr
upted because of an illness which is not infectious or contagious for other children. Member States shall make particular efforts to protect children, in accordance with their age, from pornographic and violent messages.
8.38.Every child who is a national of a Member State shall in particular be entitled to:
(a)receive, on the territory of that State, education in the language or one of the languages of that Member State;
(b)receive free education in the territory of another Member State where one of the parents, who is a national of a Member State, is or has been engaged in paid employment in any of the official languages of the host state: each Member State shall also encourage, as far as possible, the teaching of one of its languages to children who are nationals of that State but who reside in another Member State;
(c)move to the Member State of his choice to pursue his studies subject to the conditions laid down in Directive 90/366/EECOJ No. L 180, 13.7.1990, p. 30 on the right of residence of students.
8.39.Every child must be protected against any form of economic exploitation. No child may engage in any kind of work which endangers his health, development, psychology or right to basic education. No child may be employed full time before the age of sixteen and under no circumstances before completing his compulsory schooling.
The laws of the Member States must be harmonized and brought into line with the national law which provides most protection for children regarding, inter alia, the following points:
(a)the minimum age for admission to employment;
(b)the definition of and conditions for all possible exceptions to this rule, in particular exceptions relating to what is considered as light work, work in entertainment and the arts, work in family businesses, temporary work in companies or vocational training schools in educational programmes, or seasonal work;
(c)no child shall be employed in work involving the use of dangerous substances, underground work, night work or work involving overtime;
(d)the conditions under which work liable to endanger their health, education or cause psychological or physical exhaustion shall be prohibited.
8.40.Every child over sixteen engaged in work shall be entitled to decent and adequate remuneration. If he has a job equivalent to that of an adult and under the same conditions, he must be given equal treatment as regards pay, access to vocational training, social security, working conditions and rules on health and safety. Every child shall on leaving the education system have the right to adequate assistance in seeking employment in the event of unemployment, in particular long-term unemployment.
8.41.Every child must be protected against all forms of sexual slavery, violence or exploitation. Appropriate measures shall be taken to prevent any child from being abducted, sold or exploited for the purposes of prostitution or pornography in the territory of the Community and to prevent anyone within the Community facilitating or endorsing the sexual exploitation of children outside the territory of the Community.
Every child must be protected against drug abuse. Member States shall therefore be obliged to promote information campaigns on the risks of drug use, prevention and rehabilitation, in terms which are accessible to children's intelligence and not hurtful to their sensibilities.
Every child must be protected against the excesses of advertising, in such a way as to avoid both the use of images of children themselves in forms harmful to their dignity.
8.44.Children from third countries who apply for refugee status in a Member State must be given due protection and assistance in that State whilst their application is being considered.
Member States shall implement and render effective the rights enshrined in the Charter by means of laws, administrative provisions, expenditure commitments and other suitable forms of intervention.
Instructs its President to forward this resolution to the Commission, the Council and the Council of Europe.
