Recommendation 2021/1004 - European Child Guarantee - Main contents

EN

Official Journal of the European Union

L 223/14

Pursuant to Article 3(3) of the Treaty on European Union, the Union combats social exclusion and discrimination and promotes equality between women and men and protection of the rights of the child.

Pursuant to Article 9 of the Treaty on the Functioning of the European Union (TFEU), in defining and implementing its policies and activities, the Union takes into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

Pursuant to Article 151 TFEU, the Union and the Member States have as their objectives the promotion of employment, improved living and working conditions, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of social exclusion. Pursuant to Article 153(1), point (j), TFEU, with a view to achieving those objectives, the Union supports and complements the activities of the Member States in the field of combating social exclusion.

Article 24 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) recognises that children have the right to such protection and care as is necessary for their well-being, and that the child’s best interests must be a primary consideration in all actions relating to children, whether taken by public authorities or private institutions. Article 33 of the Charter stipulates that the family shall enjoy legal, economic and social protection.

Article 17 of the Revised European Social Charter, done at Strasbourg on 3 May 1996, confirms the commitment to take all appropriate and necessary measures to ensure that children have the care, the assistance, the education and the training they need.

The United Nations Convention on the Rights of the Child, adopted on 20 November 1989, which has been ratified by all Union Member States, stipulates in Articles 2, 3, 6, 12, 18, 24, 27, 28 and 31 that State Parties to the Convention recognise the best interests of the child to be a primary consideration and recognise the child’s right: to participation and development, including the right to protection from all forms of discrimination; to life; to be heard in judicial and administrative proceedings; to enjoyment of the highest attainable standard of health; of access to healthcare services; to State assistance to ensure an adequate standard of living, education, leisure, recreational activities, and to participate fully in cultural and artistic life.

Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (1), ratified by the Union and all its Member States, stipulates that State Parties to that Convention shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

Together with its Member States, the Union is fully committed to being a frontrunner in implementing the United Nations 2030 Agenda and the United Nations Sustainable Development Goals, including those on eradicating poverty, ensuring healthy lives and promoting well-being, and ensuring inclusive and equitable quality...