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. 95

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