Presentation made at the: Council of Europe mid-term evaluation of the Strategy for the Rights of the Child (2016-2021) High level conference ...
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Presentation made at the:
Council of Europe mid-term evaluation
of the Strategy for the Rights
of the Child (2016-2021)
High level conference
Strasbourg 13-14 November 2019
1Redefining Power: Strengthening the rights of the child as the key to a
future-proof Europe
Conference on the mid-term evaluation of the
2016 Council of Europe’s Strategy on the rights of the Child
Closing session – 11:15 – 13:00
Briefing for Emmanuel Crabit, Director for Fundamental Rights and Rule of Law
You will intervene in the final session on the second day of the conference. The objective
of the session is to discuss next steps and future priorities for the protection of children’s
rights.
You will be the fourth speaker in a panel of four (see details below). The panel will be
moderated by Regina Jensdottir, the CoE Coordinator for the Rights of the Child.
You will have 7 minutes for your intervention. After that, there will be a Q&A session
with the “challengers” (see details below).
SPEAKING POINTS
This conference and this discussion come at a very crucial time. Not only we are
celebrating the 30th anniversary of the United Nations Convention on the Rights of the
Child, and marking the mid-term review of the CoE strategy, but we are also celebrating
the 10th anniversary of the entry into force of the EU charter for Fundamental Rights. The
Charter, which is legally binding for the EU institutions and the EU Ms when they
implement EU law, refers to the rights of the child in its article 24.
Also, this conference is taking place at the very moment of transition between the current
European Commission and the incoming one, in what is a very decisive moment for
defining the priorities ahead of us.
Although not much can be said yet as regards the incoming European Commission, the
political guidelines of President-elect Von der Leyen put the issue of children’s rights high
on the agenda.
2 Firstly, the political guidelines refer to the importance of fighting child poverty, to tackle
the very worrying situation we have today with nearly 1 in 4 children in the EU at risk of
poverty and social exclusion.
Secondly, President-elect VdL called for a “zero-tolerance policy on child labour”, in
respect to the development of the EU trade policy.
And thirdly, the political guidelines highlight the need to involve all citizens, including
young people, in the Conference on the future of Europe.
Furthermore, the incoming Commission will have a Vice-President, Ms Suica, with the
portfolio of Democracy and Demography, leading the Commission’s work for protecting
children’s rights. According to her mission letter as received by President-elect, VP Suica
will prepare a comprehensive strategy on the rights of the child - which should include
actions to protect vulnerable children, protect their rights online, foster child-friendly
justice, and prevent and fight violence.
Looking more closely at the CoE strategy on the rights of the child, and at the issues
discussed during these 2 days, it is clear that we have common challenges and that there is
a convergence between our respective priority areas.
Last April, the Commission has also done a stocktaking exercise looking at progress and
future priorities at our annual EU forum on the rights of the child. On that occasion, 3
topics were identified as areas for future work at EU level:
1) the protection of children in migration;
2) children’s rights in the digital environment;
3) the participation of children to the EU political and democratic life.
On the protection of children in migration, the key message that emerged from the Forum
is that we need to invest in long-term measures, and in migrant children’s integration in
our societies. Almost 2 years after the adoption of the Commission communication on the
protection of children in migration, little progress has been made. We need to fight the
“migration fatigue” and keep the attention high on this subject.
On children’s rights in the digital environment, we need to remember that the digital
environment is not just a part of children’s life today – it is their life. The global
movement for climate that has been set up by children and students and has brought
millions of people in the streets to fight for our planet, would have never been born if it
3was not for new technologies and social media. The digital environment gives children a
voice in ways that the traditional communication methods cannot keep up with. And this
needs to be reflected in our work on this issue.
Last but not least, on child participation to the EU political and democratic life, the
outcome of our Forum was that we cannot fall into a tokenistic exercise. Child
participation needs to be meaningful, and inclusive. And the European Institutions can
play a key role in supporting child participation to the political life, starting from the very
local level, up to the EU decision-making processes.
On the basis of common challenges, and of convergent priority areas, it is important to
continue and strengthen the cooperation between our Institutions, to address such
challenges more effectively.
Looking at the European Commission’s toolbox, I see 2 areas where cooperation could be
strengthened:
1) Through our funding, we can promote real impact on children’s lives, and make
systemic change happen at Member States level, to help the concrete fulfilment on
children’s rights on the ground. The joint EU-CoE project to set up a Barnahus (a
Children’s house) in Slovenia is a concrete example of where EU funding and CoE
expertise can make a real difference for children victims and witnesses of violence,
and help a Member State strengthen its overall justice and child protection systems.
2) Through mainstreaming children’s rights in EU legislation.
With respect to this, for instance, I would like to mention the Directive on procedural
safeguards for children who are suspects or accused persons in criminal proceedings,
which was adopted in 2016 and whose deadline for transposition at national level was
last June. In setting higher standards and minimum rules on several procedural rights
for children, the Directive draw inspiration from the 2010 Guidelines of the
Committee of Ministers of the Council of Europe on child-friendly justice, which the
European commission had also contributed to translate in several EU languages.
Other examples of EU legislation where standards elaborated within the Council of
Europe’s framework were taken into account are the Victims’ Rights Directive, as
well as the recently recast Brussels II bis Regulation: a single legal instrument to help
international couples resolve disputes, involving more than one country, over their
divorce and the custody of their children.
4Last but not least, the Commission holds an observer seat within the Lanzarote
Committee and collaborates with the Council of Europe in monitoring the effective
implementation of the Convention by Parties. The participation of the Commission in
the Lanzarote Committee also ensures coordination with the Commission work on
monitoring the implementation of Directive 2011/93 on combatting the sexual abuse
and sexual exploitation of children and child pornography, which incorporates into EU
law many of the provisions of the Lanzarote Convention, including provisions on the
grooming of children for sexual purposes, child prostitution and production of child
sexual abuse material both in the offline and online environment.
To conclude, I can only emphasise that we need to continue working together and
explore new areas for cooperation – as we can only benefit from joining forces and
making - together - an even bigger difference for children’s rights on the ground.
5BACKGROUND: POLITICAL GUIDELINES & MISSION LETTER OF VP SUICA
Political guidelines
1) Europe’s social pillar
“I believe it is high time that we reconcile the social and the market in today’s modern
economy. This is why I will put forward an action plan to fully implement the European Pillar
of Social Rights.
As part of this, we will support those in work to earn a decent living, and those out of work as
they look to find a job. We will support our children and our young people to give them the
education and the opportunities they need to thrive.
We must do more to fight poverty. The future of Europe will depend on our young people.
We must support them throughout their childhood and into their adult life.
It is our collective shame that almost 25 million children under the age of 18 are at risk of
poverty or social exclusion. Children living in poverty are more likely to become adults living
in poverty. We need to break this dangerous cycle. We must do better.
To support every child in need, I will create the European Child Guarantee, picking up on the
idea proposed by the European Parliament.
This tool will help ensure that every child in Europe at risk of poverty or social exclusion has
access to the most basic of rights like healthcare and education.
2) Free and fair trade
“Trade is not an end in itself. It is a means to deliver prosperity at home and to export our
values across the world. I will ensure that every new agreement concluded will have a
dedicated sustainable-development chapter and the highest standards of climate,
environmental and labour protection, with a zero-tolerance policy on child labour.”
3) A greater say for Europeans
“I want Europeans to build the future of our Union. They should play a leading and active part
in setting our priorities and our level of ambition.
I want citizens to have their say at a Conference on the Future of Europe, to start in 2020 and
run for two years.
The Conference should bring together citizens, including a significant role for young people,
civil society and European institutions as equal partners. The Conference should be well
6prepared with a clear scope and clear objectives, agreed between the Parliament, the Council
and the Commission.”
VP Suica – mission letter
We need to invest more in the future of our children. You will coordinate the work on the
future Child Guarantee, ensuring that children have access to the services they need and are
supported through to their adult lives.
As part of this work, you will be the Commission’s lead for protecting children’s rights. You
will prepare a comprehensive strategy on the rights of the child. It should include actions to
protect vulnerable children, protect their rights online, foster child-friendly justice and prevent
and fight violence.
PANELLISTS AND CHALLENGERS
Panellists
Roxana Mărăcineanu is a Romanian-born French former backstroke swimmer who has been
the Minister of Youth and Sports of France since 4 September 2018. She won the silver medal
in the 200 m backstroke at the 2000 Summer Olympics in Sydney, Australia and is the first
French world swimming champion (1998).
Snežana Samardžić-Marković, Director General of Democracy at the Council of Europe
since 2012. Under her responsibility, the Directorate General works to help our member states
in creating a favourable environment for sustainable democracy and democratic security in
Europe. Her responsibilities include the policy areas of education and youth, local democracy,
cultural policies, election assistance, the protection of human dignity, gender equality,
children’s rights, and the rights of minorities, work against discrimination, democratic
citizenship and democratic responses to crisis situations.
Christos Giakoumopoulos, was appointed Director General of Human Rights and Rule of
Law of the Council of Europe on 1 August 2017. He was previously Director of Human
Rights from 2011 – 2017 and also Director of Monitoring between 2006 - 2011. Before
joining the Directorate General of Human Rights, he was General Counsel and General
Director for Legal and Administrative Affairs of the Council of Europe Development Bank
7(Paris). Since joining the Council of Europe in 1987, he held posts in the Registry of the
European Court of Human Rights, the Venice Commission and Director in the Office of the
Commissioner for Human Rights A. Gil Robles.
Challengers
Stefan Schennach, Federal Council, Austria
Member of the Parliamentary Assembly of the Council of Europe and Chairperson of the
Committee on Social Affairs, Health and Sustainable Development.
Geneviève Avenard is the French Children’s Defender, Deputy to the Defender of Rights
since October 2014. She has nearly 30 years of experience in policy making concerning
children, child welfare and children with disabilities, and has worked for 25 years in local
governments (départements). She is also Chair of the Committee on the Rights of the Child of
the French speaking Ombudsmen Association (AOMF) and was in 2018/2019 the President in
Chair of ENOC - European Network of Ombudspersons for Children.
Nuala Mole has a degree in Jurisprudence from the University Oxford, and in European
Law from the College of Europe, Bruges and an Honorary Doctorate from the University of
Essex. She is the founder of the AIRE Centre and is now its Senior Lawyer. An expert on
European human rights and particularly the rights of children, she has over 35 years’
experience working in the field. She has acted in more than 120 cases before the ECtHR and
the CJEU, as well as in landmark litigation in the UK. Many of these cases have concerned
children’s rights, including the pending first Advisory Opinion to be considered by the
ECtHR under Protocol 16 in which the AIRE Centre intervened to put forward the children's
rights aspects. Nuala has conducted training across Europe on a wide range of topics relating
to the interface between ECHR, EU law and children's rights. For the past two years she has
led an EU supported project on Separated Children in Judicial Proceedings (for which she
won the Financial time award for Most Innovative Lawyer in 2018).
Prof. Dr. Ton Liefaard is Vice-Dean of Leiden Law School and holds the UNICEF Chair in
Children’s Rights at Leiden University, the Netherlands. He is the Director of the Master’s
Programme (LL.M).
8Moderator
Regína Jensdóttir holds a law degree from the University of Iceland where she specialised in
human rights and has obtained a postgraduate degree (D.E.A.) from the University of
Strasbourg in international public law. Since 2010, she has been the Council of Europe
Coordinator for Children’s Rights and is currently heading the Children’s Rights Division. In
these capacities, she follows the implementation of the Council of Europe Strategy for the
Rights of the Child (2016-2021) which promotes equal opportunities for children, the
participation of children, a life free from violence and a justice system accessible to all
children. It finally focuses on developing a strong agenda to strengthen children’s rights in the
digital environment.
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