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COMPARISON ON THE EXISTING LEGISLATION REGARDIN MINORS AND ILL-TREATMENT Reinhold Müller and Carla Chirico 23 September 2010. Legal Framework. Universal United Nations Convention on the Rights of the Child of 20 Nov 1989 European Council of Europe European Union. United Nations.
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COMPARISON ON THE EXISTING LEGISLATION REGARDIN MINORS AND ILL-TREATMENT Reinhold Müller and Carla Chirico 23 September 2010
LegalFramework • Universal • United Nations Convention on the Rights of the Child of 20 Nov 1989 • European • Council of Europe • European Union
United Nations • United Nations Convention on the Rights of the Child of 20 Nov 1989 • Articles of relevance • Article 19 States Parties shall: • Take appropriate measures to protect children from any form of physical or mental violence while in care of parents, legal guardians or other • Measures to establish social programmes through which to provide support to the child and those in care of the child.
European Union The Treaty of Lisbon (December 2009) Significant changes through the abolishment of the pillars and communautarisation of the whole policy area. Articles of relevance: The protection on the rights of the child has been included among the objectives of the European union Art 3.3 and 3.5 TEU The fight against trafficking in human beings, especially women and children Art 79.2 (d) TFEU Establishing minimum rules concerning the definition of criminal offences and sanctions Art 83 TFEU Charter of Fundamental Rights Receives single reference to Lisbon Treaty and becomes legal binding for all Member States with some exceptions. Governs EU institutions and applies to MS when these are applying EU law. Articles of relevance Art 24 sets the basis for child proofing of EU legislation and policy if fully implemented