Annexes to COM(2021)142 - EU strategy on the rights of the child - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)142 - EU strategy on the rights of the child. |
|---|---|
| document | COM(2021)142  |
| date | March 24, 2021 |
In line with the Action Plan on Human Rights and Democracy, the EU will step up its efforts to ensure meaningful child participation; to prevent, combat and respond to all forms of violence against children, including gender-based violence; to eliminate early, forced and child marriage, female genital mutilation, child trafficking, smuggling, begging, (sexual) exploitation and neglect. Work will be intensified also to prevent and end grave violations against children affected by armed conflict, including with advocacy activities promoting compliance with International Humanitarian Law. The Action Plan also supports partner countries in building and strengthening child-friendly justice and child protection systems, including for migrant, refugee and forcibly displaced children and children belonging to minorities, notably Roma. The EU will continue supporting the resettlement of children and other vulnerable people in need of international protection to the EU. The EU will support actions to address the issue of street children as well as invest in the development of quality alternative care and the transition from institution-based to quality family- and community-based care for children without parental care and children with disabilities.
The EU will continue to include children’s rights in the political dialogue with partner countries, and in particular in the context of accession negotiations and the stabilisation and association process. It will also promote measures to tackle violence and discrimination, in particular against vulnerable children, including support for civil society organisations. The EU will support the monitoring and collection of disaggregated data on the situation of children in the region, and continue to report on this in the annual enlargement package of country reports.
To achieve these objectives, the EU will coordinate the use of all its available spending programmes under the 2021-2027 multiannual financial framework, in particular the Neighbourhood, Development and International Cooperation instrument (NDICI), the Instrument for Pre-accession Assistance III (IPA III) and the humanitarian aid instrument.
It will also promote actions in multilateral and regional human rights fora, advocacy and awareness raising campaigns, as well as with civil society, children and adolescents, national human rights institutions, academia, the business sector and other relevant stakeholders.
Key actions by the European Commission:
-dedicate 10% of overall funding under the NDICI in Sub-Saharan Africa, Asia and the Pacific, and Americas and the Caribbean to education;
-continue allocating 10% of humanitarian aid funding for education in emergencies and protracted crises, and promote the endorsement of the Safe Schools Declaration;
-work towards making supply chains of EU companies free of child labour, notably through a legislative initiative on sustainable corporate governance;
-promote and provide technical assistance to strengthen labour inspection systems for monitoring and enforcement of child labour laws;
-provide technical assistance as Team Europe to partner countries’ administrations through its programmes and facilities, such as SOCIEUX+, the Technical Assistance and Information Exchange instrument (TAIEX) and TWINNING programmes;
-prepare a Youth Action Plan by 2022 to promote youth and child empowerment and participation;
-designate Youth focal points and strengthen child protection capacities within the EU Delegations.
7.Embedding a child perspective in all EU actions
To achieve the objectives set out in the strategy, the Commission will ensure that a children’s rights perspective is mainstreamed in all relevant policies, legislation and funding programmes 117 . This will be part of efforts to create a child-friendly culture in EU policy-making and will be supported by providing training and capacity building to EU staff, and enhanced internal coordination through the team of the Commission’s coordinator for the rights of the child. A mainstreaming checklist on the rights of the child will be developed.
Reliable and comparable data are needed to develop evidence-based policies. The Commission will invite the FRA to continue providing Member States with technical assistance and methodological support, inter alia, on the design and implementation of data-collection exercises. More age and sex-disaggregation of Eurostat data, and data generated by other EU agencies, will also be pursued, as will research on specific thematic areas covered by this strategy. This will be done through the research and innovation framework programme Horizon Europe (2021-2027) 118 .
The strategy will also help with the mainstreaming and coordination of initiatives at national level and among key stakeholders to ensure better implementation of existing EU and international legal obligations. For this, the Commission will also establish the EU Network for Children’s Rights by end of 2021. Building on the work of the existing informal expert group on the rights of the child 119 , the Network will reinforce the dialogue and mutual learning between the EU and Member States on children’s rights, and support the implementation, monitoring and evaluation of the strategy. It will be composed of national representatives, and will include in some of its activities international and non-governmental organisations, representatives of local and regional authorities and children, among others. The Commission will also develop closer collaboration with regional and local authorities, and with other relevant institutions, regional and international organisations, civil society and ombudspersons for children.
This strategy should be read in conjunction with the Strategy to strengthen the application of the Charter of Fundamental Rights in the EU, and the European Democracy action plan. It complements targeted efforts to make EU rights and values more tangible in areas such as 120 the protection of children in migration, equality and inclusion, gender equality, anti-racism and pluralism, EU citizenship rights, victims’ rights, the fight against child sexual abuse, social rights and inclusive education and training 121 . It is also in line with the priorities set out in the EU Action Plan on Human Rights and Democracy 122 .
7.1 Contribution of EU funds to the strategy’s implementation
EU funding is key to support the implementation of EU policies in the Member States. With this strategy, the Commission will support Member States to make the best use of EU funds in their initiatives to protect and fulfil the rights of the child. It should also encourage child rights budgeting and explore ways to track spending of EU budget in this area, so that funds are channelled towards the most pressing needs. Funding for child rights should be prioritised by Member States in the EU funding programmes, according to identified needs at national and regional level. Under the 2021-2027 multiannual financial framework,
The European Social Fund Plus (ESF+) and the European Regional Development Fund (ERDF) support investments in human capacity and infrastructure development, equipment and access to services in education, employment, housing, social, health and child care, as well as the shift from institutional to family- and community-based services.
Member States that have a rate of child at-risk-of-poverty or social exclusion higher than the EU average (in 2017-2019) will have to earmark 5% of the ESF+ for combatting child poverty, while other Member States will be required to earmark an appropriate amount. In the 2021-2027 programming period, Member States should fulfil several enabling conditions, which might have a close link to child rights measures. This includes policy frameworks in the field of poverty reduction, Roma inclusion and compliance with the UNCRPD and the Charter. The new AMIF will reinforce the protection of unaccompanied migrant children by recognising and providing financial support and incentives for their particular reception, accommodation and other special needs, with a co-financing rate up to 75%, which may be increased to 90 % for projects implemented under specific actions.
Other EU funds and programmes can be used for the realisation of children’s rights , include the Justice Programme, the CERV Programme, Erasmus+, Horizon2020, the Digital Programme, the Recovery and Resilience Facility, the European Agricultural Fund for Rural Development (EAFRD), REACT-EU, and InvestEU. In addition, the Technical Support Instrument is able, on request, to provide technical support to Member States to develop capacity-building actions.
Member States are invited to ensure a coordinated approach at national, macro-regional 123 , regional and local level in the programming and implementation of EU funds, as well as involve local and regional authorities, civil society organisations, including organisations working with and for children, and social and economic partners in preparing, revising, implementing and monitoring programmes for the 2021-2027 EU funds.
The strategy also addresses the inequalities exacerbated by the COVID-19 crisis, which has disproportionately affected vulnerable children. As part of this work, the Commission will encourage Member States to make full use of the possibilities offered by NextGenerationEU to mitigate the disproportionate impact of the crisis, and will help Member States to mainstream children’s rights in the design and implementation of reforms through the Technical Support Instrument.
For real progress to be made on the ground, this strategy needs to be accompanied by commitments and investments at national level. The Commission calls on EU Member States to develop, where not yet available, robust and evidence-based national strategies on the rights of the child, in cooperation with all relevant stakeholders, including children; and in synergy with other relevant national strategies and plans. It also calls on Member States to ratify all UNCRC Optional Protocols and UNCRPD Optional protocols, and duly consider the Concluding Observations of the UN Committee on the Rights of the Child 124 and of the UN Committee on the Rights of Persons with Disabilities 125 . The Commission also invites the Member States to support all actions recommended in this strategy through appropriate financial resources, including EU funding.
Conclusion
The European Commission is fully committed to support children develop their potential as engaged, responsible citizens. For this to happen, participation in democratic life needs to start during childhood. All children have the right to express their views on matters that concern them, and to have them taken into account. To enable their active participation, we also must tackle poverty, inequalities and discrimination to break the intergenerational cycle of disadvantage.
This strategy is inclusive by design and will be inclusive in its implementation. The Commission will monitor the implementation of the strategy at EU and national level, and report on the progress at the annual European Forum on the rights of the child. Children will be part of the monitoring and evaluation, notably through the future Children’s Participation Platform. The strategy’s actions will be adapted where needed.
The Commission invites the European Parliament and the Council to endorse the strategy and work together on its implementation. The Commission calls on the Committee of the Regions and the European Economic and Social Committee to promote dialogue with local and regional authorities and civil society.
We all have the responsibility to listen to children and to act now. To use the words expressed by one of the members of the Eurochild Children’s Council: “Well done is better than well said”.
(1)
A child is a person below 18 years old. Population data. [ yth_demo_010 ], [ yth_demo_020 ], Eurostat, 2020
(2)
Demographics. State of the World’s Children 2019 Statistical Tables , UNICEF
(3)
Article 3(3) of the Treaty on European Union (TEU) establishes the objective for the EU to promote the protection of the rights of the child. Article 3(5) TEU sets forth that in its relations with the wider world, the Union shall contribute to (…) the protection of human rights, in particular the rights of the child.
(4)
EU Charter of Fundamental Rights , 2012/C 326/02
(5)
A Union that strives for more. My agenda for Europe. By candidate for President of the European Commission Ursula von der Leyen. Political Guidelines for the next European Commission 2019-2024
(6)
Convention on the Rights of the Child , United Nations, 1989
(7)
How children (10-18) experienced online risks during the COVID-19 lockdown in spring 2020 , JRC, European Commission, 2020
(8)
Exploiting Isolation: Offenders and victims of online child sexual abuse during the COVID-19 pandemic , Europol, 2020
(9)
Towards an EU Strategy on the Rights of the Child , COM(2006)367 and An EU Agenda for the Rights of the Child , COM(2011)60
(10)
See Annex 2 - Rights of the Child - EU acquis and policies
(11)
The European Pillar of Social Rights in 20 principles
(12)
Convention on the Rights of Persons with Disabilities , United Nations, 2006
(13)
UN Sustainable Development Goals: a 2030 Agenda . See Annex 1: Comparative table detailing the relevant rights enshrined in the EU Charter of Fundamental Rights, the UN Convention on the Rights of the Child and the goals and targets of the UN Sustainable Development Goals, as protected and promoted by the different strands of this strategy.
(14)
Council of Europe Strategy for the Rights of the Child (2016-2021). The Council of Europe is also preparing the future strategic framework, for the period 2022-2027.
(15)
European Parliament Resolution of 26 November 2019 on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child (2019/2876(RSP)) – European Parliament Resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child (2021/2523(RSP))
(16)
Summary report of the open public consultation to the EU Strategy on the Rights of the Child , 2021
(17)
13th European Forum on the Rights of the Child , 2020
(18)
UNICEF, Eurochild, Save the Children, Child Fund Alliance, World Vision: Our Europe, Our Rights, Our Future . - SOS Children’s Villages consultation with children in residential care and children receiving family strengthening services and the summary report , Defence for Children International, Terre des Hommes and its partners.
(19)
EU strategy on the rights of the child: child-friendly versions
(20)
Report of the 2018 Day of General Discussion on Protecting and Empowering Children as Human Rights Defenders , UN Committee on the Rights of the Child, 2018; Implementation Guide on the Rights of Child Human Rights Defenders , Child Rights Connect, 2020
(21)
Study on child participation in EU political and democratic life , European Commission, 2021 and its accessible version
(22)
EU Youth Dialogues (16-30 years old)
(23)
Learning corner
(24)
Europe Kids Want survey, Sharing the view of children and young people across Europe , UNICEF and Eurochild, 2019
(25)
Our Europe. Our Rights. Our Future , op. cit.
(26)
European Green Deal
(27)
Child Participation Assessment Tool , Council of Europe
(28)
The European Pillar of Social Rights in 20 principles
(29)
Commission Recommendation Investing in Children: breaking the cycle of disadvantage (2013/112/EU)
(30)
Commission proposal for a Joint Employment Report 2021 Commission proposal for a Joint Employment Report , 2021
(31)
Combating child poverty: an issue of fundamental rights , FRA, 2018
(32)
The European Pillar of Social Rights Action Plan , COM(2021) 102 final
(33)
Proposal for a Council Recommendation establishing a European Child Guarantee, COM(2021)137
(34)
Council Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee , (2020/C 372/01)
(35)
Strategy for the rights of persons with disabilities 2021-2030, COM(2021) 101 final
(36)
Communication Europe’s Beating Cancer Plan , COM(2021) 44 final
(37)
Communication Pharmaceutical Strategy for Europe COM(2020) 761 final
(38)
European Framework for Action on Mental Health and Wellbeing , Joint Action on Mental health and Well-being 2013- 2016
(39)
Council Resolution on a strategic framework for European cooperation in education and training towards the European Education Area and beyond (2021-2030) (2021/C 66/01)
(40)
What is the evidence on the role of the arts in improving health and well-being? , WHO, 2019
(41)
Roma and Travellers in six countries , FRA, 2020
(42)
School fruit, vegetables and milk scheme , European Commission
(43)
EU Action Plan on Childhood Obesity (2014-2020) , European Commission
(44)
Farm to Fork Strategy , COM(2020) 381 final
(45)
Council Recommendation on strengthened cooperation against vaccine-preventable diseases 2018/C 466/01
(46)
Best Practice Portal, Public Health , European Commission
(47)
European policy cooperation (ET 2020 framework) , Education and Training, European Commission
(48)
Barcelona objectives on the development of childcare facilities for young children with a view to increase female labour participation, strike a work-life balance for working parents and bring about sustainable and inclusive growth in Europe (the „Barcelona objectives“) , European Commission, 2018
(49)
Key data on early childhood education and care in Europe - 2019 Edition , Eurydice, 2019
(50)
Communication on Gender Equality Strategy 2020-2025 (COM/2020/152 final)
(51)
Analytical document accompanying the EU Roma Strategic framework SWD (2020) 530 final, Annex 2 – Baselines for EU headline indicators , European Commission
(52)
PISA 2018 Results What School Life Means for Students’ Lives , OECD. Average across OECD countries.
(53)
Toolkit for inclusion in early childhood education and care , European Commission, 2020
(54)
Action plan on Integration and Inclusion 2021-2027 COM(2020)758 final
(55)
Global status report on preventing violence against children , UNICEF/WHO, 2020
(56)
One in Five campaign , Council of Europe
(57)
Third report on the progress made in the fight against trafficking in human beings (2020) as required under Article 20 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims , COM(2020) 661 final SWD(2020) 226 final
(58)
Female Genital mutilation/cutting: a global concern , UNICEF, 2016
(59)
FGM in Europe . End FGM
(60)
Intersex people: who are born with sex characteristics that do not fit the typical definition of male or female, LGBTIQ Equality Strategy
(61)
A long way to go for LGBTI equality , FRA, 2020
(62)
Communication on the protection of children in migration , COM(2017) 211 final
(63)
Protect the rights of children of foreign fighters stranded in Syria and Iraq , UNICEF, 2019
(64)
Communication on the protection of children in migration , op. cit.
(65)
Citizenship, Equality, Rights and Values Programme (2021-2027), European Union
(66)
EU Strategy for a more effective fight against child sexual abuse , COM(2020)607
(67)
Barnahus
(68)
Commission Decision on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value, (2007/116/EC), subsequently amended, and Directive establishing the European Electronic Communications Code , 2018/1972/EU, Article 96 - Missing children and child helpline hotlines
(69)
Children and Justice reports , FRA
(70)
Child friendly justice Guidelines , Council of Europe
(71)
EU Justice Scoreboard , child-friendly justice
(72)
This includes respect of the right of children to maintain contact, where appropriate, with the parents or with other relatives, in line with Article 9 UNCRC
(73)
Asylum and first time asylum applicants by citizenship, [ migr_asyappctza ], Eurostat, 2020
(74)
EU Strategy on victims' rights (2020-2025) , COM(2020) 258 final
(75)
UN Global Study on Children Deprived of Liberty , Manfred Nowak, 2019
(76)
Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings ; 2016/800/EU
(77)
European Judicial Training strategy for 2021-2024 COM(2020) 713 final
(78)
European Judicial Training Network
(79)
E-justice portal , European Judicial training platform
(80)
To be adopted towards end of June/beginning of July 2021
(81)
Recommendation concerning children with imprisoned parents , Council of Europe, CM/Rec(2018)5
(82)
European Guardianship Network
(83)
“ Our Europe. Our Rights. Our Future.” , op. cit.
(84)
A long way to go for LGBTI equality, FRA, 2020.
(85)
Third Report on the progress made against trafficking in human beings COM(2020) 661 final and SWD(2020) 226 final; The challenges of countering human trafficking in the digital era , Europol, 2020
(86)
EU Strategy for a more effective fight against Child sexual abuse , op. cit.
(87)
How families handled emergency remote schooling during the COVID-19 lockdown in spring 2020 , 2020, JRC
(88)
Eurostat. Survey on ICT usage in households and by individuals [ isoc_i, ci_in_h ], 2019
(89)
Commission Communication on ‘2030 Digital Compass: the European way for the Digital Decade’ , COM(2021) 118 final
(90)
Directive on combating the sexual abuse and sexual exploitation of children and child pornography , 2011/93/EU; Framework Decision on combating certain forms and expressions of racism and xenophobia , 2008/913/JHA ; Directive on the Audiovisual Media Services , 2018/1808/EU ; Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , 2016/679/EU ; Directive on Unfair Commercial Practices , 2005/29/EC ; Communication on Tackling online disinformation: a European Approach , COM(2018)236; European Strategy for a Better Internet for Children , COM(2012)196.
(91)
Commission Proposal for a Regulation on a Single Market for Digital Services (Digital Services Act) , COM/2020/825 final)
(92)
The Code of Practice on Disinformation includes a set of commitments that major online platforms and trade organisations representing the ad industry and advertisers have undersigned to limit the impact of disinformation online. The signatories of the Code will be asked to strengthen the Code following a Guidance that the Commission will issue in Spring 2021.
(93)
Digital Education Action Plan 2021-2027 , COM(2020)624
(94)
General Comment No. 25 (2021) on Rights of children in relation to the digital environment , UN Committee on the Rights of the Child
(95)
Youth Pledge for a Better Internet
(96)
Youth Call for Action
(97)
Better internet for kids
(98)
Announced in the Communication Achieving the European Education Area by 2025 COM(2020) 625 final
(99)
Erasmus+ Programme
(100)
Draft Policy Guidance on AI for Children , UNICEF, 2020
(101)
Building on the upcoming proposal of a set of digital principles as announced in the ‘Digital Decade’ Communication
(102)
Harmonised European Standards, Accessibility requirement for ICT products and services , ETSI, 2018
(103)
Directive on the accessibility requirements for products and services , 2019/882/EU
(104)
Digital Competence Framework 2.0 , EU Science Hub, European Commission
(105)
Children affected by armed conflict, 1990-2019 , Peace Research Institute Oslo, Conflict trends, 2020
(106)
Inter-agency Network for Education in Emergencies , 2020
(107)
Children: improving survival and well-being , World Health Organisation, 2019
(108)
Policy Brief: Education during COVID-19 and beyond , United Nations, August 2020
(109)
Joint communication on an EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final)
(110)
Guidelines on the promotion and protection on the rights of the child , 2017
(111)
EU Guidelines on children in armed conflict , 2008
(112)
EU Gender Action Plan for external action (2021-2025)
(113)
Child Rights Toolkit. Integrating Child Rights in Development Cooperation
(114)
Global estimates of child labour , International Labour Organisation, 2017
(115)
International Labour Organisation
(116)
EU Action Plan on Human Rights and Democracy 2020-2024 , op.cit.
(117)
See Annex 2
(118)
Horizon Europe
(119)
Informal expert group rights of the child , European Commission
(120)
Communication on the protection of children in migration , COM(2017)211 final; Communication on Gender Equality Strategy 2020-2025 , COM/2020/152 final; Communication on an EU Roma strategic framework for equality, inclusion and participation , COM/2020/620 final and the Council Recommendation on Roma equality, inclusion and participation (2021/C 93/01) ; Communication on a LGBTIQ Equality Strategy 2020-2025 , COM/2020/698 final , Action plan on Integration and Inclusion 2021-2027 , COM(2020)758 final, and Strategy for the Rights of Persons with Disabilities; Communication on an EU Anti-racism Plan 2020-2025 COM/2020/565 final, and the forthcoming strategy on combating antisemitism, planned for 2021; EU Citizenship Report 2020 Empowering citizens and protecting their rights , COM/2020/730 final, EU Strategy on Victims’ rights (2020-2025) , COM(2020)258, EU Strategy for a more effective fight against Child sexual abuse , COM(2020)607
(121)
The Commission Recommendation Investing in children: breaking the cycle of disadvantage (2013/112/EU); European Pillar of social rights ; European Pillar of Social Rights Action Plan , COM(2021) 102 final; Proposal for a Council Recommendation establishing a European Child Guarantee, COM(2021)137; Communication on achieving the European Education Area by 2025 COM(2020)625 final; and Digital Education Action Plan 2021-2027 , COM(2020)624
(122)
EU Action Plan on Human Rights and Democracy 2020-2024 , JOIN(2020) 5 final.
(123)
Macroregional strategy , European Commission
(124)
UN Committee on the Rights of the Child , concluding observations
(125)
UN Committee on the Rights of Persons with Disabilities , concluding observations