Annexes to COM(2008)55 - A special place for children in EU external action

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dossier COM(2008)55 - A special place for children in EU external action.
document COM(2008)55 EN
date February  5, 2008
Agreement contains provisions regarding human rights and children’s rights, including the active participation of young citizens in public life[16]. The EU Strategies for Africa, the Caribbean and the Pacific specify as priority areas, children’s rights, child labour, education, health and basic services and the special attention necessary for vulnerable children. The European Neighbourhood and Partnership Instruments make specific reference to children’s rights (including child labour) as being among the areas of cooperation eligible for Community assistance. The EU Strategy for Latin America and the Vienna Declaration of Ministers attending the EU-LAC Summit in 2006 made commitments to “ensure the respect and implementation of the rights of the child” (Article 5) and recognises the need to “generate specific public policies for the protection of children and youth and to break the cycle of poverty”. Improved cooperation between the EU and the Association of South East Asian Nations (ASEAN) in the field of combating child trafficking is specifically envisaged in the Action Plan adopted at the EU-ASEAN Summit that took place in November 2007.

4. THE NATURE OF THE EU’S RESPONSE

The aim of this Communication, together with the accompanying Action Plan on Children’s Rights in External Action and the Staff Working Paper on Children in Situations of Emergency and Crisis , is to establish a framework for a comprehensive EU approach towards the protection and promotion of children’s rights in third countries. Such an approach must be based on a holistic and universally applicable view of children’s rights and be part of broader development and poverty reduction strategies.

The specificity of the situation of children and adolescents in each country, sub-region or region demands that each circumstance be individually analysed to ascertain which of a number of possible instruments will provide the EU with the most appropriate response. In many countries, governments are unable and/or inadequately committed to promote and protect children’s rights. Ensuring effective complementarity between the different policy tools and financial instruments of the EU as well as the European Development Fund is indispensable. The EU will maximise and coordinate the use of the available instruments in its external action as follows:

1. Children and adolescents in development cooperation . In countries where financial and institutional capacities are too weak to guarantee children’s access to acceptable living conditions and to basic services, the EU should make full use of development cooperation and poverty eradication measures designed to address the root causes of poverty. At the same time, the rights and needs of children and adolescents should be effectively mainstreamed across various national policies.

2. Children and adolescents in trade policy : EU trade policy is formulated recognising fully the need to ensure that it is consistent with the protection and promotion of children's rights. In trade policy the promotion of children's rights is part of the broader agenda of sustainable development. In bilateral agreementsthe issue of children's rights is covered by labour standards.

3. Children and adolescents in the political dialogue . In view of the central role of political dialogue between the EU and the national authorities, systematic consideration should be given in these dialogues with partner countries to the implementation of commitments under the Convention on the Rights of the Child. The same point should be made in EU actions in international fora.

4. Regional and global actions . Country-level actions will be supplemented by appropriate actions at a regional and at the global level addressing issues that have a supra-national character.

5. Empowerment of children and adolescents . The EU should address the lack of capacity to meet obligations with regard to children’s rights by empowering children and adolescents to play an active role in those matters that affect them directly.

6. Children and adolescents in humanitarian aid . In countries on the verge of conflict, actually in conflict or emerging from conflict, children’s needs are often unrecognised or ignored and their rights regularly violated. Humanitarian aid is also used in the case of humanitarian crises resulting from natural disasters where governments are overwhelmed, unable or unwilling to act. Humanitarian aid will address, inter alia, three crucial issues related to children during crises and emergencies:

7. separated and unaccompanied children,

8. children associated with armed forces or armed groups,

9. children’s education in emergencies.

The Staff Working Papers annexed to this Communication explore in greater detail the integration of the concerns of children in external relations and the situation of children in the context of humanitarian aid.

[1] Children include all people under 18 years, as stipulated by the UN CRC (Convention on the Rights of the Child). The additional reference to adolescents is intended to better reflect the identification of children themselves in the different age groups under 18.

[2] The MDGs on poverty and hunger (MDG1), education (MDG2), gender equality (MDG3), child survival (MDG4) as well as those on maternal health (MDG5), poverty diseases (MDG6) and water and sanitation (MDG7).

[3] The World Health Report 2005: Make Every Mother and Child Count.

[4] UNSECO EFA Global Monitoring Report 2007.

[5] "Article 12: 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

[6] The full text of the UN CRC and its Optional Protocols is available at: www.ohchr.org.

[7] On the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography

[8] Education: the Communication “Education and training in the context of poverty reduction in developing countries” and the subsequent Council Resolution on “Education and poverty”.

[9] The Communication on "Health and poverty reductionPoverty” and the reduction" and the Council Resolution on health‘Health and povertyPoverty’, and the Communication and Programme for Action on poverty-related diseases in external action and the relevant Council conclusions. The Communication and Programme for Action on poverty-diseases in the external action, and its council conclusions.

[10] The Communication “Decent Work for All”, EU Declaration on Globalisation adopted by the European Council of 14 December 2007”.

[11] The Communication on Trafficking of Human Beings also gives priority to children and the global dimension of trafficking.

[12] Adopted by The Council of the European Union adopted EU Guidelines on Children and Armed Conflict on 8th December 2003.

[13] http://ec.europa.eu/external_relations/human_rights/guidelines/01_deathpenalty_1998/guidelines1_en. pdf.

[14] Council Regulation (EC) No 1257/96 concerning humanitarian aid.

[15] The Communication COM(2001) 252 final "“The European Union’s role in promoting human rights and democratisation in third countries”.".

[16] Articles 26 (youth issues) states that “cooperation shall support policies, measures and operations aimed at protecting the rights of children and youth, especially those of girl children” and “promoting the active participation of young citizens in public life”.Article 33 (institutional development and capacity building) also states that “cooperation shall play systematic attention to institutional aspects and in this context, shall support the efforts of the ACP States to develop and strengthen structures, institutions and procedures that help to … …promote and sustain universal and full respect for and observance and protection of all human rights and fundamental freedoms”.