A3-0122/93

Resolution on women and parental co-responsibility

The European Parliament,

-having regard to its resolution of 8 July 1986 on one-parent families,

-having regard to the opinion of the Committee on Legal Affairs for the Committee on Petitions on Petition No. 637/88 concerning joint custody of children in divorce cases (PE 139.083/fin.),

-having regard to Petition No. 404/91 on a claim for maintenance following divorce and the legal opinion of 25 November 1991 delivered in response thereto,

-having regard to its resolution of 8 July 1992 on a European Charter of Rights of the Child,

-having regard to its resolution of 9 March 1993 on the abduction of children,

-having regard to the motion for a resolution by Mrs Crawley and others on women and parental co-responsibility (B3-0014/91),

-having regard to the report of the Committee on Women's Rights and the opinion of the Committee on Culture, Youth, Education and the Media (A3-0122/93),

A.whereas the European Parliament has on a number of occasions expressed its views on the problems raised by the division of parental authority,

B.whereas Article 220 of the EEC Treaty provides for the protection of the rights of persons and the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards,

C.whereas not all the Member States have ratified the international conventions aimed at settling the problem of the custody of children, viz.

-the Luxembourg Convention of 20 May 1980,

-the Hague Convention of 25 October 1980, and

-the United Nations Convention of 20 November 1989 on the Rights of the Child,

D.whereas the principal objective of these legal instruments is to protect the interests of children,

E.having regard to the problems arising from the restrictive interpretations of the Hague Convention made by national courts, which limit the right to take a child abroad and may even restrict cross-border visiting rights,

F.whereas in the face of the growing number of separations and divorces these multilateral conventions exhibit loopholes which make them difficult to apply and limit their effectiveness, thereby leading to the conclusion of bilateral agreements to deal with the most serious cases of conflict,

G.whereas the completion of the internal market can only increase the number of mixed marriages and hence of children born of mixed marriages,

H.whereas differences exist between national laws and judicial practices as regards types of custody for children and arrangements for allocating maintenance,

I.whereas any decision concerning the exercise of parental authority after the separation or divorce of parents must take account of the fact that children have the right to maintain relations with both parents,

J.Whereas, unless decided otherwise by the courts, the right to bring up children shall belong, in the first place, to the parents and whereas neither parent may give up this right - even as regards visiting rights - without the consent of the other parent,

K.whereas the exercise of parental authority represents a set of rights and duties for both parents which continues after their separation and whereas parental co-responsibility is therefore a more appropriate term,

L.whereas women living alone with children to look after experience economic difficulties, encounter many psychological or social obstacles and are placed at a disadvantage by comparison with men as regards employment,

1.Calls on the Member States to ratify as soon as possible the existing international conventions concerning the custody and rights of children, viz. the Luxembourg Convention (20 May 1980), the Hague Convention (25 October 1980) and the United Nations Convention on the Rights of the Child (20 November 1989);

2.Calls on the Member States to revise the 1968 Convention, based on Article 220 of the EEC Treaty, on jurisdiction and enforcement of judgments in civil and commercial matters, so that it takes greater account of family problems in general and parental co-responsibility in particular,

3.Calls on the Member States to seek the means of achieving Community convergence on family law in the context of the completion of the internal market and, in particular, the free movement of persons;

4.Recommends that the Member States look into the possibility of extending conventions, in particular bilateral conventions, concerning children of dual-nationality couples in separation or divorce cases to the children of immigrant women resident in a Member State of the European Community, where there is the risk of children being abducted by the fathers, who are protected in their country of origin by legislation which discriminates against women;

5.Calls on the Commission to carry out a comparative study of the laws of the Member States pertaining to marriage, divorce, the award of custody and the family in general with a view to recommending that the Member States draw up the national and/or international provisions necessary to:

5.1.ensure that the rights of children and of parents are protected and enjoyed,

5.2.harmonize the laws of the Member States so that children may be cared for by either the father or the mother on an equal footing and without any loss of income,

5.3.simplify the formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals;

6.Calls on the Commission to carry out a study of the role played by family conciliation services in separation and divorce procedures in the Member States so as to assess its contribution and benefit to women;

7.Calls on the Member States to support measures, in particular by associations, to establish centres where children can meet either or both of their parents in cases of separation involving conflict;

8.Calls on the Community institutions, in the context of the European Year of the Elderly, to ensure that grandparents still have a role to play alongside the other generations and to recognize the role they can play in divorce and separation procedures;

9.Calls on the Member States to take steps to improve the economic, social and employment situation of women looking after children by:

9.1.seeking the means to harmonize administrative and fiscal formalities governing the payment of maintenance from one Member State to another;

9.2.guaranteeing that the authorities will provide assistance (as they do in Denmark, Germany, France and Luxembourg) in obtaining maintenance payments from a spouse and, if necessary, take over the payments of the defaulting parent;

9.3.setting up a maintenance loan fund to provide a financial guarantee either during the divorce procedure or, in the event of dispute, following the decision on maintenance payments, while ensuring that the fund is able to recover its payments from the defaulting parent;

9.4.providing incentives for the spouse who is responsible for payment by making maintenance payments deductible from income for tax purposes and granting tax relief for custody of children (as is the case in France, Germany and Luxembourg);

9.5.improving access to housing through elimination of legal obstacles and by allowing them priority as regards social housing or inexpensive rented accommodation without discrimination on the grounds of family situation;

9.6.improving child care facilities both outside the home (crèches, day centres and nursery schools) and in the home, by allowing them a more flexible work schedule;

9.7.giving priority to women and men caring for children alone as regards access to recreation centres, holiday camps and other recreational, sports or cultural facilities;

9.8.creating incentives to encourage greater access to skilled employment for women alone with children by integrating them or reintegrating them into vocational training programmes, by giving them priority as regards aid from the European Social Fund and by offering incentives to companies which employ them and allow them a flexible work schedule;

9.9.providing assistance for such women through financial and social aid arrangements, simplification of administrative formalities and the establishment of information, counselling and guidance centres;

10.Urges the Commission to step up an ongoing information and awareness campaign to encourage parents to share their responsibilities effectively, irrespective of the nature of their relationship, marriage, de facto union, divorce or de facto separation;

11.Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States.