children in armed conflict

COMMUNICATION OF THE COMMISSION
Towards an EU strategy on the
Rights of the Child
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.
 Moreover, certain rights have an
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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.
 The Convention on the Rights of the
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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.
 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.
Two Optional Protocols
to the CRC :
 children in armed conflict and
 the sale of children, child
prostitution and child
pornography.
 The UN Committee 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.
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
 the African Charter on the Rights and
Welfare of the Child
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.
 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).
 The EU has explicitly recognised children’s
rights
in the European Charter of Fundamental
Rights,
particularly its Article 24.
COMMUNICATION OF THE COMMISSION
“Towards an EU strategy
on the Rights of the Child”
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.
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.
Specific objectives of the EU
strategy
on children’s rights
1 Capitalising on existing activities
while addressing urgent needs
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.
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.
 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.
2
Identifying priorities
for future EU action
 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)
3 Mainstreaming children’s rights
in EU actions
 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.
4 Establishing
efficient coordination and
consultation mechanisms
 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 decisionmaking process (2007 onwards)
 To set up a Commission Interservice Group
5 Enhancing capacity and expertise
on children’s rights
6 Communicating more effectively
on children’s rights
 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)
Children affected by Armed
Conflict (2003)
 On 7 April 2006, the Council issued a
strategy for the implementation of the
2003 Guidelines on Children and Armed
Conflict (CAAC).
 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!
 The Guidelines emphasize that the EU
will give special attention to the protection,
welfare and rights of the child in armed
conflict when taking action aimed at
maintaining peace and security.
 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.
…/…
 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.
EC tools for action in relations
with third countries:
 Political dialogue
 Démarches
 Multilateral co-operation
 Training
Implementation Strategy
 Austrian => Finnish Presidency
 The plan is based on the biennial
review of the guidelines, issued by
the Council on 12 December 2005.
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Afghanistan
Burundi
Colombia
Cote d’Ivoire
DRC
Liberia
Nepal
Philippines
Sri Lanka
Sudan
Uganda
for Burma
Somalia
Sudan
Rwanda
Uganda
Indonesia
Macedonia
Iraq
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Bosnia and Herzegovina
Kosovo
Moldova
Liberia
Sierra Leone
Guinea
Armenia
Azerbaijan
Georgia
Uzbekistan
Turkmenistan
Tajikistan
Kyrgyzstan
Kazakhstan
Israel
West Bank and Gaza Strip
Monitoring and 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.
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.
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.
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.
 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.