The Council Of Europe And Child Welfare

B. Children at work

The guidelines on child-friendly justice, and their explanatory memorandum, were adopted by the Council of Europe in 2010. Based on existing international and European standards, in particular the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, the guidelines are designed to guarantee children's effective access to and adequate treatment in justice. They apply to all the circumstances in which children are likely, on any ground and in any capacity, to be in contact with the criminal, civil or administrative justice system. They recall and promote the principles of the best interests of the child, care and respect, participation, equal treatment and the rule of law. The guidelines address issues such as information, representation and participation rights, protection of privacy, safety, a multidisciplinary approach and training, safeguards at all stages of proceedings and deprivation of liberty. The 47 Council of Europe memb

This book examines in detail the status of children in the EU. Drawing on a range of disciplinary perspectives, including the sociology of childhood and human rights discourse, it offers a critical analysis of the legal and policy framework underpinning EU children's rights across a range of areas, including family law, education, immigration and child protection. Traditionally children's rights at this level have been articulated primarily in the context of the free movement of persons provisions, inevitably restricting entitlement to migrant children of EU nationality. In the past decade, however, innovative interpretations of EU law by the Court of Justice, coupled with important constitutional developments, have prompted the development of a much more robust children's rights agenda. This culminated in the incorporation of a more explicit reference to children's rights in the Lisbon Treaty, followed by the Commission's launch, in February 2011, of a dedicated EU 'Agenda' to promote and safeguard the rights of the child. The analysis presented in this book therefore comes at a pivotal point in the history of EU children's rights, providing a detailed and critical overview of a range of substantive areas, and making an important contribution to international children's rights studies.

Drawing together material on social welfare/benefits this volume addresses the range of social problems experienced by children and their carers across Europe and the means by which these social problems are dealt with by welfare systems.

Children's rights consist of finding a delicate balance between protection & autonomy. Based on existing international conventions, the Council of Europe recommends a greater participation on the part of tomorrow's adults in those decisions which affect them: within the family, at school & before the courts. In her foreword, Carol Bellamy, Executive Director of UNICEF, ranks the protection of children among the top political priorities of states & stresses Europe's vanguard role with regard to the rest of the world.

Children should grow up in their families. When confronted with crises or difficult situations, families should receive necessary, specifically adapted assistance from public authorities to help solve their problems. This is sometimes not possible, however, for example when parents are unable to bring up their children or when they represent a danger to them. The child and the parents must consequently be separated, with the parents' agreement or on the basis of a court ruling. Placement must always be an exception and a temporary solution - as short as possible - only foreseeable if all the right conditions are met and if the principal aim is the best interest of the child, including a successful and prompt social integration or reintegration. The main objective should be the development and fulfilment of the child. His/her views should be taken into account, according to the child's age and degree of maturity. Child protection and welfare, based on the rights of the child -including those of children in institutions - is a priority for the Council of Europe, as stated in Recommendation Rec(2005)5 of the Committee of Ministers to member states on the rights of children living in residential institutions. The harmful effects of institutions on child development having been demonstrated, the aims are to prevent the institutionalisation of children and to reduce the number of children subject to such measures through the development of alternatives. This publication, while showing the importance of the issue and the necessity of dealing with it in a sensible and cautious way, also opens perspectives for the future.

Recommendation R (91) 9