COMMUNICATION OF THE COMMISSION

1. COMMUNICATION OF THE COMMISSION Towards an EU strategy on the Rights of the Child

2. Why Children’s Rights? • Children are vested with the full range of human rights, taking into account their specific needs and evolving capacities, but also their right to protection from exploitation and abuse.

3. Moreover, certain rights have an exclusive or particular application to children, for example the right to basic education and the right to maintain personal relations and direct contact with both parents. • The almost universal acceptance of obligations by States in the field of children’s rights provides a particularly robust basis for engagement between the EC and third countries.

4. The Convention on the Rights of the Child (CRC) constitutes a clear blueprint for mainstreaming children’s rights. • It has been ratified by all States, apart from the US and Somalia, and encompasses a wide range of civil, political, economic, social and cultural rights.

5. Four main principles of the CRC: non-discrimination; the best interests of the child; the right of the child to survival and development and the right to be heard. • States which have ratified the CRC are accordingly under an obligation to respect, protect and fulfil the rights which the CRC establishes: the EC’s policy and funding should serve to facilitate that process.

6. Two Optional Protocols to the CRC : • children in armed conflict and • the sale of children, child prostitution and child pornography.

7. The UNCommittee on the Rights of the Child is responsible for monitoring the implementation of the CRC and its Optional Protocols: the reports submitted by States Parties to the Committee are a useful source of information on progress in specific countries and, together with the Concluding Observations of the Committee, constitute a reference for development cooperation programmes and initiatives.

8. International and regional agreements : • ILO Conventions 182 and 138 on the elimination of the worst forms of child labour and the minimum age for admission to employment • the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

9. the African Charter on the Rights and Welfare of the Child

10. Legal Basis for EU action • Treaty obligation: under Article 6.2 the EU must respect fundamental rights in all action it takes in accordance with its competences.

11. Children’s rights form part of the human rights that the EU and the Member States are bound to respect under international and European treaties, in particular the UNCRC and its Optional Protocols and the European Convention on Human Rights (ECHR).

12. The EU has explicitly recognised children’s rights in the European Charter of Fundamental Rights, particularly its Article 24.

13. COMMUNICATION OF THE COMMISSION “Towards an EU strategy on the Rights of the Child”

14. The Communication seeks: • to establish a comprehensive EU strategy on the rights of the child. • to ensure the effective promotion and safeguard of the rights of the child in the European Union's internal and external policies • to support the efforts of the Member States in doing so.

15. Further… • more comprehensive analysis of the needs and priorities and of the impact of relevant EU actions undertaken so far. • more efficient mainstreaming of children’s rights in EU policies, strategies or programmes and enhanced coordination within the European Commission. • better cooperation with key stakeholders, including children. • stronger communication and increased awareness of children’s rights and of EU actions in this field.

16. Specific objectives of the EU strategyon children’s rights

17. 1 Capitalising on existing activities while addressing urgent needs

18. Maximise the use of existing policies and instruments, in particular: • the Communication on fighting trafficking in human beings and the relevant Action Plan, • the Open Method of Coordination on Social Protection and Social Inclusion, • the strategic partnership with the International Labour Organisation to fight child labour • the EU Guidelines on children in armed conflicts. The Commission will continue to fund specific projects promoting children’s rights.

19. External affairs specifically: • Promoting the ratification and implementation of the UNCRC and its Optional Protocols, the ILO conventions on the elimination of the worst forms of child labour and the minimum age for admission to work, and other relevant international human rights instruments.

20. Addressing children’s rights in political dialogue with third countries, including civil society and social partners, • and use its other policy instruments and cooperation programmes to promote and address children’s rights worldwide.

21. 2 Identifying priorities for future EU action

22. To assess the impact of the existing EU actions affecting children’s rights (2007-8) • To issue a consultation document to identify priorities for future concrete actions (2008) • To systematically collect comparable data on children’s rights (2007 onwards)

23. 3 Mainstreaming children’s rights in EU actions

24. Ensure that all internal and external EU policies respect children’s rights in accordance with the principles of EU law, and that they are fully compatible with the principles and provisions of the UNCRC.

25. 4 Establishingefficient coordination and consultation mechanisms

26. To bring together stakeholders in a European Forum for the Rights of the Child (2006) • To set up a web-based discussion and work platform (2006) • To involve children in the decision-making process (2007 onwards) • To set up a Commission Inter-service Group

27. 5 Enhancing capacity and expertise on children’s rights

28. 6 Communicating more effectively on children’s rights

29. To design a communication strategy on children’s rights (2007 onwards) • To provide information on children’s rights in a child-friendly manner (2007 onwards)

30. Children affected by Armed Conflict (2003)

31. On 7 April 2006, the Council issued a strategy for the implementation of the 2003 Guidelines on Children and Armed Conflict (CAAC).

32. Objective: to influence third countries and non-state actors to take effective measures to protect children from the effects of armed conflict, to end the use of children in armies and armed groups, and to end impunity. Proactive contribution!

33. The Guidelines emphasize that the EU will give special attention to the protection,welfare and rights of the child in armedconflict when taking action aimed atmaintaining peace and security.

34. Children are the primary victims of armed conflict. They are both its targets and increasingly its instruments. • Their suffering bears many faces, in the midst of armed conflict and its aftermath. • Children are killed or maimed, made orphans, abducted, deprived of education and health care, and left with deep emotional scars and trauma. …/…

35. They are recruited and used as child soldiers, forced to give expression to the hatred of adults. Uprooted from their homes, displaced children become very vulnerable. • Girls face additional risks, particularly sexual violence and exploitation. All of these categories of children are victims of armed conflict.

36. EC tools for action in relations with third countries: • Political dialogue • Démarches • Multilateral co-operation • Training

37. Implementation Strategy • Austrian => Finnish Presidency • The plan is based on the biennial review of the guidelines, issued by the Council on 12 December 2005.

38. Afghanistan Burundi Colombia Cote d’Ivoire DRC Liberia Nepal Philippines Sri Lanka Sudan Uganda for Burma Somalia Sudan Rwanda Uganda Indonesia Macedonia Iraq Bosnia and Herzegovina Kosovo Moldova Liberia Sierra Leone Guinea Armenia Azerbaijan Georgia Uzbekistan Turkmenistan Tajikistan Kyrgyzstan Kazakhstan Israel West Bank and Gaza Strip

39. Monitoringand reporting • Close monitoring of the situation of CAAC and suggesting appropriate EU action (including on urgent situations). • Inclusion of thorough reporting on CAAC in the EU Human Rights Fact Sheets. • Inclusion of information on the situation of CAAC in all relevant reporting. • Priority should be given to supporting programs and projects aimed at implementing the monitoring and reporting mechanism provided for in UNSCR 1612.

40. Cooperation with UN • Close collaboration with UN bodies in promoting the development of a task force on monitoring and reporting, as well as the development and/or establishment of local child protection networks. • Meeting with UN country teams, Peacekeeping Operations and existing Task Forces on Monitoring and Reporting to discuss how best the EU can support the implementation of UNSCR 1612 locally, reporting back to the HQ on actions undertaken to this end.

41. Effective mainstreaming of gender • Gender should be mainstreamed in all reporting. Account should be taken of the different impacts of armed conflict on girls and boys in their assessments and recommendations for action, including the double stigmatization of girls associated with armed groups. • Specific attention should be given to the protection of girls and women from sexual violence, abuse and exploitation, including promoting assistance and support for survivors of sexual violence, such as health care, psychosocial support, vocational training and support for children born of sexual violence and exploitation in conflict zones. • Specific attention should be given in the context of EU support to DDR programmes to the specific needs of girls.

42. Lobbying • Follow-up action will be taken based on the outcome of the round of demarches conducted in 2005, including Sudan, Liberia, DRC, Burundi. A second round of demarches is envisaged, on the basis of information provided by HoMs. • The EU will consider demarching on children and armed conflict in response to urgent action appeals. Such demarches would not involve individual cases but could highlight urgent situations of concern, where deterioration in the situation on the ground has particular implications on the rights of children.

43. Human rights should be integrated into political dialogues with third countries to address the protection of children affected by armed conflict in meetings, dialogues and consultations with third countries. • The EU, including Member States and the Commission, should advocate for accountability for crimes against children in situations of armed conflict and to provide support to programmes ensuring the protection of children involved in accountability or truth-seeking mechanisms.