Memorandum by Barnardo's, Children's Rights
Alliance, 4Children, National Children's Bureau, NCH, the Children's
Charity, National Society for the Prevention of Cruelty to Children
(NSPCC), Save the Children and The Children's Society
Children's charities welcome the inclusion of
children's rights in the new EU Reform Treaty (Lisbon Treaty).
The Treaty is a significant step forward for efforts to protect
children and promote their rights in the UK, across the Europe
Union and beyond. We urge MPs and Lords from all parties to take
this into account in forthcoming debates on the Reform Treaty.
Why is the Reform Treaty relevant for
children?
1. It will help ensure that EU laws and polices
are child proofed, and contribute to promoting children's rights
and interests.
Many EU policies have a direct or indirect impact
on children, including consumer protection, environment and trade
policies, or cooperation to combat crime. Yet up to now, the EU
has not had to consider the effects of its actions on children,
or to ensure they are in line with international children's rights
standards, despite the fact that all 27 member states have ratified
the UN Convention on the Rights of the Child (1989). Opportunities
for the EU to address risks to children which have a cross-border
dimension have also been limited by the lack of legal base for
children's rights.
The Reform Treaty introduces[1]
the protection of children's rights among the EU's objectives
for its internal and external policies.
"The Union ... shall promote ... protection
of the rights of the child ... In its relations with the wider
world, the Union shall contribute to ... eradication of poverty
and the protection of human rights, in particular the rights of
the child ..." (new article 3 of the Treaty on European Union,
TEU)
This is the most significant change for children's
rights introduced by the Reform Treaty. It will provide a basis
for the EU to implement effective measures to ensure that children's
rights, including the "best interests of the child",
are taken into account or mainstreamed in all relevant policy
areas.
This does not create new powers for the EU.
In policy areas where the EU already has powers, it will enable
actions to be taken specifically aiming to protect children's
rights, for example to protect children from sexual exploitation.
It allows the EU to provide sufficient resources to integrating
a children's rights approach in its work, such as by undertaking
a child rights impact analysis of EU policies. It also means that
children's rights will automatically be considered in negotiations
with countries who wish to join the Union.
Notwithstanding the UK's "opt-out"
from the Charter of Fundamental Rights, the strengthened legal
status of the Charter (new article 6 TEU), which includes an article
on children's rights (Article 24[2]),
is also a contribution to improving the place of children's rights
in EU policy making.
Articles to ensure that all EU policies and
activities aim to help combat discrimination[3]
(new article 10 of the Treaty on the Functioning of the European
Union[4]),
and take into account requirements linked to the fight against
social exclusion and a high level of education and protection
of human health (new article 9 of the same), are also likely to
have positive impacts for children.
2. It will be easier for the EU to adopt
policies which help protect children from abuse and exploitation—but
the UK can choose not to take part
EU "freedom, security and justice"[5]
policies are particularly significant for implementing children's
right to protection from exploitation and abuse. Child traffiking
and sexual exploitation of children—both of which have a
cross-border dimension—are already dealt within EU activities
to combat cross-border crime, but the Reform Treaty will help
make sure a stronger children's rights perspective is integrated
in these activities.
The Reform Treaty will also make it easier for
the EU to adopt proposals strengthening cooperation to protect
children from these crimes[6]
by bringing them under standard decision-making processes. This
means that legislation can be adopted by a "qualified majority"
instead of unanimity among all 27 Member States, and it also increases
democratic scrutiny by giving the European Parliament a bigger
say. The UK will be able to decide whether or not to opt in to
rules in this policy area.
3. It will help ensure that children's
rights NGOs, and children themselves, are involved and listened
to in EU decision making.
Taking into account the expertise and views
of European Union citizens, including civil society organisations,
is a crucial part of the EU democratic process. The Reform Treaty
lays down a formal obligation on the EU institutions to ensure
that "citizens and representative associations" are
given the opportunity to make their views known in all areas of
EU action, and to "maintain an open, transparent and regular
dialogue with representative associations and civil society".
This article also creates a new possibility for citizens (including
children) to invite the European Commission to initiate a legal
act by collecting a million signatures (new Article 8b TEU). A
formal obligation of the EU institutions to listen to citizens
will considerably strengthen children and young people's participation
rights.
12 December 2007
1 This briefing compares the Reform Treaty to the Treaties
currently in force, rather than the rejected Constitutional Treaty
text. Many of the advances for children were also in the Constitutional
Treaty. Back
2
Article 24 "The rights of the child"
1. Children shall have the right to such protection and care as
is necessary for their well-being. They may express their views
freely. Such views shall be taken into consideration on matters
which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public
authorities or private institutions, the child's best interests
must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis
a personal relationship and direct contact with both his or her
parents, unless that is contrary to his or her interests. Back
3
Based on sex, racial or ethnic origin, religion or belief, disability,
age or sexual orientation. Back
4
Currently called the "Treaty establishing the European Community". Back
5
Including policies on border checks, asylum or immigration; judicial
cooperation in civil matters; judicial cooperation in criminal
matters; police cooperation. Back
6
New Title IV of the Treaty on the Functioning of the European
Union, Articles 61-69. Back
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