A/HRC/19/64
There are a variety of institutional and policy structures designed to protect and promote the
rights of the child in Member States. While all EU Member States have recognised the need
to develop policies in relation to the rights of the child, the institutional mechanisms for
making and delivering policy in this area vary among them. In full respect of the principle
of subsidiarity the Commission will continue to support Member States' efforts by
promoting exchange of best practice, cooperation and communication with and among
national authorities responsible for protecting and promoting the rights of the child.
2.
Towards Concrete EU Action for Children
2.1.
Child-friendly justice
Making the justice system more child-friendly in Europe is a key action item under the EU
Agenda for the Rights of the Child. It is an area of high practical relevance where the EU
has, under the Treaties, competences to turn the rights of the child into reality by means of
EU legislation. The Commission's Action Plan implementing the Stockholm Programme n
has therefore highlighted this aspect for the period 2010-2015.
Children may become involved with the justice systems in a number of ways, for example
when their parents‘ divorce or disagree over custody, when they commit offences, when
they witness crimes or are their victims, or when they seek asylum. When children are
involved with justice systems that are not child-friendly, they can be subject to manifold
restrictions or violations of their rights.
Children can face obstacles with regard to legal representation or being heard by judges.
Likewise, the information, which is necessary for children and their representatives to
exercise their rights or defend their interests in judicial proceedings can be inadequate.
Children can be treated as adults without always being afforded specific safeguards in
accordance with their needs and vulnerability, and may have difficulties coping with this
situation. Effective access to justice and participation in administrative and court
proceedings are basic requirements to ensure a high level of protection of children‘s legal
interests.
Family law disputes may have adverse effects on the well-being of children. Children who
are separated from one or both parents must be allowed to maintain personal relations and
direct contacts with both of them on a regular basis, except where it is contrary to their best
interests.o Civil proceedings, especially transnational litigation, deriving from dissolution of
marriage or legal separation may result in a restriction of this right. Particularly during
proceedings to determine parental responsibility, children can become hostage to long cross
border legal disputes between the former partners. EU legislation p already facilitates the
recognition and enforcement of decisions on parental responsibility. The adequate provision
of information to children and parents about their rights under EU law and national law is a
prerequisite to enable them to defend their rights in family law litigation. Information
should be easily accessible and provide clear guidance on the relevant procedures. The
Commission, in cooperation with Member States, will develop and keep updated factsheets
on EU and national legislation on maintenance obligations, mediation and recognition and
n
o
p
Communication from the Commission on Delivering an area of freedom, security and justice for
Europe's citizens: Action Plan Implementing the Stockholm Programme, COM (2010) 171 final,
available at: http://ec.europa.eu/justice/news/intro/doc/com_2010_171_en.pdf.
Article 24(3) Charter of Fundamental Rights of the European Union.
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the
recognition and enforcement of judgments in matrimonial matters and the matters of parental
responsibility, repealing Regulation (EC) No 1347/2000, OJ L 338, 23.12.2003, p. 1–29.
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