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Children's Rights
Newsletter January-March 2022
French version
Building a Europe for and with children
Building a Europe for and with children



Intergovernmental activities
© Council of Europe - Photograph by Maria Erla Portway

On 23 February 2022, the Committee of Ministers adopted the new Strategy for the Rights of the Child (2022-2027) “Children’s Rights in Action: from continuous implementation to joint innovation” which will guide the work of the Council of Europe over the next six years. As part of the Organisation’s long-standing commitment to putting the child at the centre of its work, the Strategy was developed through a large consultative process led by the Steering Committee for the Rights of the Child (CDENF) and involving national governments, international organisations, civil society organisations, as well as 220 children from 10 member states.

The Strategy identifies six strategic objectives building partly on previous priority areas remaining relevant (“continuous implementation”) and for the other part including new action aimed at responding to new areas of concern (“joint innovation”).

CDENF will continue to oversee the implementation of the Strategy. This process will be led in close partnership with numerous internal and external partners, respectively including Council of Europe bodies involved in cross-cutting matters and international organisations following a common children’s rights agenda with the Council of Europe.

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Rights of the child affected by migration
Rights of the child affected by migration

On 1-3 February 2022, during an online plenary session dedicated to the protection of the rights of children affected by migration, the Steering Committee on the Rights of the Child (CDENF) approved a Draft Recommendation relating to Human Rights Principles and Guidelines on age assessment for children and adopted a Draft Explanatory Memorandum of Recommendation CM/Rec(2019)11 of the Committee of Ministers to member states on Effective guardianship for unaccompanied and separated children in the context of migration. Both finalised documents will be submitted to the Committee of Ministers for consideration by 31 May 2022.

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Rights of the child affected by migration
Child participation in the biomedical field

The Drafting Group on Developing a Guide to good practice concerning the participation of children in the decision-making process on matters regarding their health convened for the second time on 10-11 March 2022 and examined a first draft outline of the Guide and agreed on next steps.

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Monitoring activities
Workshop on the taboos around the incest



On 5 February 2022, the Secretary of the Committee of the Parties to the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Committee), Mr Mikaël Poutiers, participated in the 12th edition of the European Forum on Bioethics focused on children’s ethical and societal issues related to bioethics. He contributed to the workshop discussing taboos around the incest (“Le tabou de l’inceste est-il tombé ? parlons-en !”) by presenting Council of Europe’s standards and work of the Lanzarote Committee focusing on the findings, recommendations and promising practices of 1st Monitoring Round: "Protection of Children against Sexual Abuse in the Circle of Trust" that dealt inter alia with issues of incest.

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Lanzarote Committee's 36th meeting



The Lanzarote Committee held its 36th meeting remotely on 7 – 10 March 2022 during which it adopted several texts of great importance:

 
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Cooperation activities
Combating violence against children including in the digital environment in the Republic of Moldova
Combating violence against children including in the digital environment in the Republic of Moldova

On 17 February 2022, the first Steering Committee of the Council of Europe project Preventing and protecting children from violence, including in the digital environment in the Republic of Moldova discussed needs and priorities of project partners and agreed on the work plan for 2022.

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Combating violence against children including in the digital environment in the Republic of Moldova
CP4 Europe - Child participation

On 22 February 2022, the Steering Committee of the EU/CoE Joint Project “CP4 EUROPE-Strengthening National Child Participation Frameworks and Action in Europe” and its 5 members from the Czech Republic, Finland,  Iceland, Portugal and Slovenia met for the second time to discuss progress made at national and European level. This meeting was also an opportunity to start preparing a hybrid mid-term Conference on Child Participation under the Irish Chairmanship of the Committee of Ministers (23-25 May 2022, Cork, Ireland) where good practices and success stories of the CP4 will be shared with and by children themselves, governmental representatives, NGOs, researchers and experts.

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Barnahus in Finland
Barnahus in Finland
In February 2022, the EU/CoE project “Ensuring child-friendly justice through the effective operation of the Barnahus-units in Finland” launched:
  • a comprehensive review and analysis of Finnish legislation concerning children’s rights relating to Barnahus. The review will focus on pre-trial and judiciary procedures for cases of violence against children and multi-agency information exchange mechanisms
  • a gap analysis on training needs for professionals working with and for children in Finland. The analysis will provide a stakeholder mapping and make recommendations on the necessary steps to ensure that relevant staff receive tailored training.
 
Safer Internet day 2022
Safer Internet day 2022

On 8 February, the Children’s Rights Division celebrated for the 7th consecutive year Safer Internet Day and joined forces with numerous stakeholders to work together for a better and safer internet for all, and especially for children and young adults.

Recent texts and decisions

Recent texts and decisions

Participation of the Russian Federation in CDENF and its subordinate bodies and groups suspended  

Case-law of the European Court of Human Rights

  • The denial of Azerbaijani citizenship to the applicants' children was neither lawful nor accompanied by the necessary procedural safeguards: Hashemi v. Azerbaijan (in French), press release
  • Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life: D.M and N. v. Italy (in French), press release)
  • Two judgments concerning care orders issued for children in Norway: A.L. and Others v. Norway and E.M. and Others v. Norway
  • Compensation for the costs of caring for a child whose disability was not detected during prenatal screening - retrospective application of the law is contrary to the Convention: N.M. and Others v. France (in French), press release 
  • Court’s refusal to hear young children without parental care represented by social services, and not by special guardian, in foster care proceedings brought by applicant grandparent - no violation: Q and R v. Slovenia
  • The conditions to which the applicants children were subjected during their seven-months-long stay in the Röszke amounted to a violation of article 3 ECHR: M.B.K and others v. Hungary
  • Television interview of minor without parental consent: violation I.V.T v. Romania
  • Automatic placement of a family of adult and child asylum-seekers in six-month-long detention without thorough and individualised assessment of particular situation and needs is contrary to the Convention: Nikoghosyan and others v. Poland
  • Refusal to recognise a legal relationship between a child and the biological mother’s ex-partner - no violation of Article 8 of the Convention: C.E. and Others v. France (in French), press release 
  • Refusal to establish the applicant’s biological paternity complied with the child’s best interests, but the domestic courts failed in their duty of exceptional diligence as regards the length of proceedings: A. L. v. France (in French),  press release
  • Rejection of a request for contact rights vis-à-vis former spouse’s child - violation of the applicant’s right to respect for her private and family life: Callamand v. France (in French only), press release
  • The authorities failed to protect a woman and her deceased son from domestic violence, but there was no finding of discriminatory treatment: Landi v. Italy (in French), press release
 
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