EUROPE: EU leaders sign first Treaty to include children's rights

[14 December 2007] - The European Children’s Network (EURONET), representing children’s rights NGOs from across Europe, welcomes the signing of the Reform “Lisbon” Treaty on 13 December by European leaders in Lisbon.

“The new Treaty is a significant step forward for the protection of the rights of the 100 million children living in the EU” said Mieke Schuurman, EURONET Secretary General on the signing of the Lisbon Treaty, which includes the protection of children’s rights in the internal and external objectives of the European Union. “The Treaty will pave the way for children’s rights and will ensure that the best interests of the child are taken into account in all EU policy-making affecting them”.

EURONET is also pleased that the Charter of Fundamental Rights, which includes children’s rights, is made binding by the new Treaty. However it is concerned that opt-outs for the UK and Poland will weaken protection for children.

“Many areas of EU policy making have an impact on children” noted Kathleen Spencer Chapman, President of EURONET. “Children’s’ NGOs have long been highlighting the need for all EU actions to be in line with the UN Convention on the Rights of the Child. We are calling for a speedy ratification process of the Reform Treaty in all EU Member States”.

The Lisbon Treaty will come into force only after ratification by all 27 Member States. EURONET calls on EU institutions and Member States to make children’s rights a reality with clear political commitment and sufficient human and financial resources.

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What provisions does the new Treaty make for children's rights?

The promotion of children's rights is included in the EU's internal and external objectives (Article 3)

"The Union...shall promote...protection of the rights of the child."

"In its relations with the wider world, the Union shall contribute to...eradication of poverty and the protection of human rights, in particular the rights of the child...as well as the strict observance and the development of international..."

Fundamental rights (Article 6)

"The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties..."

The EU will accede to the European Convention on Human Rights
(ECHR) (Article 6.2)

The EU will accede to the European Convention on Human Rights, which again strengthens the footing of fundamental rights in EU policy making, as does a sentence which notes that fundamental rights shall constitute general principles of EU law.

The EU will have legal personality (Article 32)

The EU will be able to accede to international Treaties and Conventions, which means that the Union will be a position to accede to the United Nations Convention on the Rights of the Child and its two Protocols.

With a million signatures children can ask the Commission to initiate a legal act (Article 8b)

Article 8b lays down a formal obligation on the EU institutions to ensure that ‘citizens and representative associations’ are given the opportunity to make their views known in all areas of EU action, and to ‘maintain an open, transparent and regular dialogue with representative associations and civil society’. This will help to ensure that children’s rights NGOs, and children themselves, are involved and listened to in decision making.

This article also creates a new possibility for citizens (including children) who are nationals of a significant number of Member States to invite the European Commission to initiate a legal act by collecting a million signatures.

Stronger and more democratic legislation can be adopted in the area of freedom, security and justice.

The Reform Treaty changes the decision making process in the area of freedom, security and justice, including crimes in relation to trafficking in persons, in particular women and children, (Article 69b) and sexual exploitation of women and children (Article 69f). It will allow for the adoption of stronger legislation and the agreement of all 27 Member States will not be necessary, but laws can be adopted with a ‘qualified majority’. The European Parliament will have an equal say with the European Council (Heads of State), rather than only being consulted.

However, the new articles on child sexual exploitation and trafficking are still focusing on the context of combating crimes, instead of protecting children’s rights. The EU has to ensure that actions undertaken in these areas will protect the rights of children who are at risk or are victims of these crimes.

Other articles of relevance to children…

There are more articles with a direct or indirect impact on children, such as the already existing articles on combating discrimination (Article 9), including the discrimination of age and all other forms of discrimination, and the article on fighting social exclusion (Article 10), the article on education, vocational training, youth and sport (Article 149) which acknowledges the important role of sport in the lives of millions of children throughout the Union, which can be beneficial to the health and well-being of children, and which encourages … the participation of young people in democratic life in Europe.

Declaration to promote the fight against domestic violence (Declaration on Article III-116).

A declaration has been added to the Reform Treaty stating that ‘in its general efforts to eliminate inequalities between women and men, the Union will aim in its different policies to combat all kinds of domestic violence. The Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims.’ While this is not legally binding, and not directly aimed at protecting children’s rights, this commitment is positive for the rights of children, who can be seriously affected by domestic violence.

Read more about what the EU Reform Treaty means for children here.

Further information

• Text of the Lisbon Treaty
• EURONET briefing on EU Reform Treaty
• CRIN factfile on child rights and the European Union
• Read about other human rights bodies in Europe