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Europaudvalget 2024
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EUROPEAN

COMMISSION

Strasbourg, 23.4.2024

SWD(2024) 98 final

COMMISSION STAFF WORKING DOCUMENT

Accompanying the document

Commission Recommendation

on developing and strengthening integrated child protection systems in the best interests

of the child

{C(2024) 2680 final}

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Table of Contents

Introduction

1.1

1.2

1.3

1.4

1.4.1

1.4.2

1.4.3

1.5

1.6

1.7

Strengthening a comprehensive approach to child protection, centred on

children’s needs

Investing in child protection to uphold children’s rights

Structural and operational issues for strengthening integrated child protection systems

Child participation – taking children’s views into account to better protect them

Responding to children’s needs, both online and offline

Children need to feel safer in their physical environment

Increasing online safety and empowering children

Child sexual abuse

Promoting a healthy environment, fostering mental health

Preventing bullying, cyberbullying and peer violence

Every child must be treated without discrimination, with specific support to children

in vulnerable situations

The need for continuous and coordinated support

Prevention, identification, early-warning, reporting and referral mechanisms

Prevention, including family support

Early identification, early-warning and reporting mechanisms

Referral

Providing comprehensive support

Ensuring well-coordinated and swift support

Child protection in the area of justice

Medical support, including on mental health

Comprehensive social support

Children in alternative care

Community-based solutions, deinstitutionalisation

Towards integrated child protection systems: framework and implementation

Diversity of national child protection systems

Legal and policy framework

Coordination structures

Protocols for child protection and child protection safeguards

Vetting and complaints procedures

Mobilising and tracing resources allocated to child protection: child budgeting

Human resources, training and accreditation of professionals

Coordinated data collection and monitoring

Child participation

Whole-of-society approach, including awareness-raising on children’s rights

Stakeholders’ recommendations on possible future EU supporting tools

2.1

2.1.1

2.1.2

2.1.3

2.2

2.2.1

2.2.2

2.2.3

2.2.4

2.2.5

2.2.6

3.1

3.2

3.3

3.4

3.5

3.6

3.7

3.8

3.9

3.10

3.11

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4.1

4.1.1

4.1.2

4.1.3

4.1.4

4.1.5

4.1.6

4.1.7

4.1.8

4.2

4.3

4.3.1

4.3.2

4.3.3

5.1

5.2

5.3

5.4

5.5

5.6

Children in specific vulnerable situations or subject to discrimination, and in

cross-border situations

Children in vulnerable situations or subject to discrimination

Children with disability

LGBTIQ children

Children in need under the European Child Guarantee

Roma children

Children facing discrimination based on religious grounds and racism

Children with addictions

Gender equality

Children in rural and remote areas

Child victims of trafficking in human beings

Strengthening an integrated approach to cross-border child protection

Cross-cutting challenges for children in cross-border situations

Parental responsibility and child protection in cross-border cases

An integrated approach to the protection of children in migration

Child protection as an EU global priority

Promoting the reform of child protection systems globally

Child protection in humanitarian action and crisis situations

Zero tolerance for child labour

Climate change and environmental hazards are challenging children’s rights to

protection

Children and young people’s participation upholds child protection globally

Guidelines on children and armed conflicts

Annex 1: Synopsis of stakeholder consultation

List of stakeholders who submitted feedback by responding to the OPC and CfE

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Introduction

The EU Charter of Fundamental Rights

recognises that ‘children

shall have the right to such

protection and care as is necessary for their wellbeing’ and that children’s views shall be taken

into consideration on matters which concern them. The child’s best interests must be a primary

consideration in all actions relating to children.

Too often, children are society’s first silent victims or witnesses of violence in all its forms.

These forms of violence include, among others: (i) physical, psychological or sexual abuse; (ii)

bullying, discrimination and intolerance, gender-based violence, including female genital

mutilation and child marriage (iii) domestic violence; and (iv) human trafficking. Children

must also navigate through a digital environment that amplifies opportunities but also threats.

Recent crises, such as COVID-19

and Russia’s war of aggression against Ukraine, have

exacerbated pre-existing gaps and challenges in child protection

. Children are also at high risk

in the event of crises and emergency situations notably caused by: public health crises,

economic crises, terrorism, climate change or natural disasters, armed conflicts and their

aftermath. Violence can also infiltrate through loopholes in systems and societies, leaving

lifelong scars, including mental and intergenerational trauma, on children. The resilience of

child protection systems needs to increase so they can offer comprehensive, interdisciplinary,

whole-of -society support that responds to the variety of children’s needs.

In the EU strategy on the rights of the child

, the Commission committed to present an initiative

aimed to support the development and strengthening of integrated child-protection systems.

This initiative should encourage all relevant authorities and services to work together more

effectively in a system that puts the child at the centre of their focus.

In June 2022, the Council Conclusions on the EU strategy on the rights of the child

called

upon Member States to take an integrated approach to child protection

. In its resolution on

reducing inequalities and on promoting social inclusion in times of crisis for children and their

families

, the European Parliament also called on the Member States to develop, strengthen

and implement integrated prevention and protection systems for children and other victims with

a view to eradicating violence, abuse, exploitation and negligence. In its own initiative report,

the Committee of the Regions also recognised the crucial role of local and regional authorities

in protecting vulnerable children from violence in their communities

. In the 2024 Commission

Charter of Fundamental Rights of the European Union, 2012/C 326/02, OJ C 326, 26 October 2012, article 24.

A child is any person below 18 years of age, as defined in the UN Convention on the rights of the child.

The COVID-19 pandemic has affected both: (i) the availability of services; and (ii) the situation – and need for help – of

children and families.

The Russian aggression against Ukraine – Displaced children finding protection in the EU,

FRA’s Bulletin,

No 3, Publications

Office of the European Union, Luxembourg, 2023, 1-84.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions EU strategy on the rights of the child (EU strategy on the rights of the child),

COM(2021) 142 final, 24 March 2021.

Conclusions of the Council of the European Union on the EU strategy on the rights of the child (Council conclusions on the

EU strategy on the rights of the child), 10024/22, 9 June 2022.

Specifically, at page 7, the Council called on Member States to increase their efforts to strengthen the development, evaluation

and promotion of integrated child protection systems where all relevant services cooperate according to a coordinated and

multidisciplinary approach, in the best interests of the child.

European Parliament resolution of 21 November 2023 on reducing inequalities and promoting social inclusion in times of

crisis for children and their families’, 2023/2066(INI), 21 November 2023. See also, European Parliament resolution of 11

March 2021 on children’s rights in view of the EU Strategy on the rights of the child, 2021/2523(RSP).

European Committee of the Regions Opinion on ‘Empowering Local and Regional Authorities in Integrated Child Protection

Systems’ adopted at the Plenary session of 17-18 April 2024. See: Opinion Factsheet (europa.eu).

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work programme ‘Delivering today and preparing for tomorrow’

, the Commission planned

to adopt, as a priority initiative, a recommendation on developing and strengthening integrated

child protection systems (the ‘Commission Recommendation’).

This staff working document accompanies the Commission Recommendation

, which aims at

supporting the development and strengthening of integrated child protection systems in EU

Member States. Focused on children’s needs, the Commission Recommendation encourages

all relevant authorities and services to work together more effectively. To protect children from

any form of violence

, national child protection systems should be context-specific, child-

centred and implemented at the most appropriate level of governance. Member States should

facilitate cross-sectorial cooperation and coordination between private actors, local, regional

and national authorities and Union institutions, bodies and agencies, to ensure equal access to

child protection services. An integrated approach should also connect prevention, early

warning, reporting, cross-sectorial support and monitoring. The best interests of the child

should be taken as a primary consideration, while listening to children’s views and preventing

any discrimination that would impede the enjoyment of any child’s rights.

Preventing and protecting children from violence and other adverse situations has already been

the objective of EU actions, through legislation, policy initiatives or funding activities,

including those actions focusing on specific groups of children

. This Commission

Recommendation therefore presents guidance on how to better use these existing EU tools in

a cross-cutting way to better integrate child protection systems and make them more robust by

avoiding silos.

This staff working document is composed of chapters across key features of integrated child

protection systems. It analyses the gaps, challenges, existing EU support, good practices and

recommendations emerging from the consultation with children, members of the public,

stakeholders, international and civil society organisations, Member States and regional

authorities. These consultations included an open public consultation, a call for evidence, and

meetings under the EU Network for Children’s Rights. This staff working document reflects

the views of more than 1 000 children, who were for the first time consulted in the preparation

of the Commission Recommendation under the new EU Children’s Participation Platform

This document should be read in conjunction with the mapping and comparative studies that

the EU Agency for Fundamental Rights (FRA) conducted on national child protection systems

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions Commission work programme 2024 delivering today and preparing for

tomorrow, COM/2023/638 final, 17 October 2023.

Commission Recommendation on developing and strengthening integrated child protection systems in the best interests of

the child, C/2024/2680; Communication from the Commission to the European Parliament, the Council, the European

Economic and Social Committee and the Committee of the Regions on Putting Children’s Interest First: a Communication

accompanying the Commission Recommendation on Integrated Child Protection Systems, COM/2024/188; and the Annex to

the Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions on Putting Children’s Interest First: a Communication accompanying the

Commission Recommendation on Integrated Child Protection Systems, COM/2024/188.

Meaning ‘all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or

exploitation, including sexual abuse’ according to Article 19 of the UN Convention on the Rights of the Child, 1989.

As summarised in Annex on key Union Acquis, key policy documents and funding relevant to child protection systems of

the Communication on Putting Children’s Interest First: a Communication accompanying the Commission Recommendation

on Integrated Child Protection Systems, COM/2024/188.

EU Children’s Participation Platform.

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in 2023

. Consultations and work by the Commission also informed the Commission

Recommendation

Annex 1 to this staff working document provides a synopsis report of stakeholder consultations

and lists the organisations that responded to the consultation (references to relevant respondents

are consistently referred to throughout the text of this document in parentheses).

1. Strengthening a comprehensive approach to child protection, centred on children’s

needs

1.1 Investing in child protection to uphold children’s rights

The overarching goal of child protection systems is to prevent and respond to violence against

children and to attend to children’s other protection needs.

An integrated child protection

system endorses and promotes the provisions of both the EU Charter of Fundamental

Rights and the United Nations Convention on the Rights of the Child

(‘UN Convention’)

. Based on the rights and obligations enshrined in the UN Convention, an integrated child

protection system should: (i) aim to ensure that all essential actors and systems work together

to prevent abuse, exploitation, neglect and other forms of violence against children; (ii) protect

and assist children in these situations

. The general comments of the UN Committee on the

Rights of the Child (UNCRC) include recommendations on various issues relating to

children, in particular the protection of children against all forms of violence

, to which the

Committee believes the State parties should devote more attention.

Child protection is also a key objective of the European Convention for the Protection of

Human Rights and Fundamental Freedoms (ECHR)

, as well as other international legal

European Union Agency for Fundamental Rights (FRA),

Mapping Child Protection Systems in the EU,

Office of the

European Union, Luxembourg, 2024.

See also,

DCI's Annual Report 2022-2023.

Council of Europe Children’s Rights Division and Youth Department,

Child participation assessment tool,

2016.

CP4Europe.

UN Special Representative of the Secretary-General on Violence against Children - Child Participation Map.

CFJ-EN's Child Justice Caravan.

Save the Children,

The Nine Basic Requirements for Meaningful and Ethical Children’s Participation,

2021.

According to para 3 of the

UNCRC General Comment No. 12 on the right of the child to be heard, 2009.

See,

Eurochild -

Child Participation.

Commission Recommendation (EU) 2023/2829 of 12 December 2023 on inclusive and resilient electoral processes in the

Union and enhancing the European nature and efficient conduct of the elections to the European Parliament, C/2023/8626, OJ

L 2023/2829, 20 December 2023.

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participation of the public and civil-society organisations in public policymaking processes

It promotes the meaningful, inclusive and safe participation of children and young people,

without discrimination of any kind. In line with the Recommendation, Member States should

undertake specific efforts to strengthen the participation of children and young people in

political and democratic life at local, regional and national level including in rural and remote

areas.

Encouraging the participation of children and young people also features prominently in other

EU initiatives.

The EU youth strategy

fosters the participation of young people in

democratic life,

in line with Article 165 of the Treaty on the Functioning of the EU. All

policies and activities concerning young people should uphold their right to participate in the

development, implementation and follow-up of policies affecting them. The

EU Youth

Dialogue

brings together young people, youth organisations, policy and decision makers,

experts, researchers, and civil-society groups. It serves as a forum for continuous joint

reflection and consultation on the priorities, implementation and follow-up of European

cooperation in the field of youth. The European Youth Portal

offers young people information

on opportunities in Europe and beyond.

Activities to promote the participation of children and young people are also at the heart of the

European strategy for a better internet for kids (the BIK+ strategy)

whose youth

ambassadors support peer-to-peer and child learning. An accessible and child-friendly version

of the BIK+ strategy

is available in EU official and other languages. Children and young

people will be involved in the evaluation of the implementation of the strategy.

The right of the child to be heard is enshrined under EU

criminal and civil procedural law

(see paragraph 2.2.2.1 on child-friendly justice). The provisionally agreed proposal for a

directive on

combating violence against women and domestic violence,

including all forms

of offline and online violence, requires Member States to take measures to prevent violence

(such as awareness-raising campaigns, research, and education programmes) and give

information to children in a child-friendly way

1.4 Responding to children’s needs, both online and offline.

1.4.1 Children need to feel safer in their physical environment

85% of children surveyed from May to October 2023 via the EU Children’s Participation

Platform agree that it is important to prevent children from being unsafe in physical spaces

(e.g. school and after-school activities). Children surveyed felt that adults should do more to

Commission Recommendation promoting the engagement and effective participation of citizens and civil society

organisations in public policy-making processes, C/2023/8627 final, 12 December 2023.

Resolution of the Council of the European Union and the Representatives of the Governments of the Member States meeting

within the Council on a framework for European cooperation in the youth field: The European Union Youth Strategy 2019-

2027, OJ C 456, 18 December 2018, 1–22.

European Youth Portal.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions A Digital Decade for children and youth: the new European strategy for a better

internet for kids (BIK+), COM/2022/212 final, 11 May 2022.

European Union,

The European strategy for a better internet for kids (BIK+) – child friendly version,

2022.

Article 36 of the Proposal for a Directive of the European Parliament and of the Council on combating violence against

women and domestic violence, COM/2022/105 final, 8 March 2022. Provisional agreement was reached on this instrument on

6 February 2024.

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ensure that children are physically safe and that they feel safe. Children are most likely to seek

help from family and friends and prefer in-person information sources over online ones.

Who do you think children are most likely to seek help from? N=896

In this survey, children mentioned several people with whom – and several places where – they

feel safe. Children mostly feel safe at home, especially when their home is stable, with

caregivers offering support and creating a relaxed and trusting environment, preferably with a

dedicated personal space and financial stability in families. However, for some children, home

can be a place of danger and fear due to family issues, abuse, neglect, and a lack of necessary

support and protection. Some children experience violence at home, undermining their trust in

adults. Some children in the survey expressed clearly the advantages for their own safety

resulting from a placement in a foster family.

positive school climate is of paramount importance to children,

who need a secure and

respectful educational environment. Children consider school safe when: (i) they feel listened

to and respected; (ii) they receive appropriate educational provisions; and (iii) their basic

health, mental and physical, and safety needs are met. These conditions for safety can be

undermined by concerns about violence, in particular

bullying

(see Section 1.6 on bullying)

Teachers play a vital role in fostering safety in schools by building trust and creating mutual

respect, training on non-formal educational skills and participatory methods. One 17-year old

boy from Croatia said that

‘it

should be a two-way conversation with the child, to examine the

background of the violence. Trust is important, and the person should be someone the child

trusts at school. School psychologists and other expert staff in school should do their work in

such a way that children can trust them’

. Surveyed children also stressed that schools should

respect children’s voices and individual learning needs, with one girl saying ‘I think teachers

should listen to us more carefully because even though they think we are very young, we have

our opinion and they should not ignore it’

. Children surveyed also suggested increasing the

For more information on the impact of violence against children and its relationship with educational opportunities and

students’ academic achievement see NESET,

Achieving student well-being for all: educational contexts free of violence,

2023.

EU Children’s Participation Platform, see note 14 p. 4.

Quote of a 14-year-old child from Bulgaria consulted in the Child Participation Platform, see note 14 p. 4.

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number of child protection staff and dedicated child protection roles in schools to provide better

safeguarding. They also called for better hygiene in schools and putting a stop to bullying.

The Commission Expert Group on supportive learning environments for groups at risk of

underachievement and for supporting well-being at school

contributes to the implementation

of the

European Education Area

. In spring 2024, it is expected to issue policy

recommendations and proposals to: (i) encourage the up-take of successful practices for

creating supportive learning environments in schools; and (ii) promote activities to raise

awareness on supportive learning environments. The so-called

whole-school approach to

well-being and mental health

gives specific attention to preventing bullying and violence,

with targeted intervention in collaboration with mental-health professionals and families. It is

also important to address the mental health and well-being of teachers and staff and their

training needs. Implementation of the whole-school approach in schools requires a

comprehensive and coordinated effort across all levels of the education system, and across

different sectoral policies (including health, social policies, migration and justice)

. As an

example, the child-rights schools programme is promoted by the EU and Unicef and

implemented in seven countries under the CCC NatCom project

. This whole-school approach

to child-rights education embeds respect for rights throughout the school on an everyday

basis

. In addition, the EU-funded research project REFUGE-ED

stresses the positive impact

of best practices in education and mental health for the integration of migrant children

. And

the Horizon Europe research project LET’S CARE

is also exploring new ways to build safe

and caring schools to foster educational inclusion and school achievement.

Education is a top priority for children across Europe,

consulted under the ‘Our Rights.

Our Future. The Europe We Want’ Project

. Unfortunately, children feel that the education

system does not respond to their needs and prepare them adequately for the future. The overall

message from children is strong: in addition to academic skills, a majority would like to learn

in school about life skills, digital skills, social skills and emotional skills.

High-quality early-childhood education and care are a crucial part of integrated child

protection systems.

The Council Recommendation on high-quality

early-childhood

education and care

systems

supports the Member States in their efforts to improve access

to – and the quality of – early-childhood education and care. The Council Recommendation

establishing a

European Child Guarantee

aims to ensure that all children in Europe at risk

Commission Expert Group on well-being in schools.

Commission Communication to the European Parliament, the Council, the European Economic and Social Committee and

the Committee of the Regions on achieving the European Education Area by 2025, COM/2020/625 final, 30 September 2020.

See also Council Recommendation of 28 November 2022 on Pathways to School Success and replacing the Council

Recommendation of 28 June 2011 on policies to reduce early school leaving, OJ C 469, 9 December 2022, 1–15.

European Commission,

Supporting well-being and mental health through education: a series of inspiring factsheets for

schools,

2023.

Children as Champions of Change: Ensuring Children's Rights and Meaningful Participation.

UNICEF & the European Union,

Child Rights Schools, Key Resources.

REFUGE-ED.

See also,

REFUGE-ED project description.

Combining mental health and education best practices helps migrant children find their feet.

LETS CARE.

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

Council Recommendation of 8 December 2022 on early childhood education and care: the Barcelona targets for 2030,

ST/14785/2022/INIT, OJ C 484, 20 December 2022, 1–12.

Council Recommendation (EU) 2021/1004 of 14 June 2021 establishing a European Child Guarantee, ST/9106/2021/INIT,

OJ L 223, 22 June 2021, 14–23.

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of poverty or social exclusion have free and effective access to high-quality, early-childhood

education and care

Children frequently feel safe during

after-school activities, cultural activities and sports,

especially when they know who they can turn to for help if they feel insecure or that their safety

is threatened. Under the Daphne strand of the EU’s Citizens Equality, Rights and Values

(CERV) programme

, the German project Start2Act (Safer Spaces and Participation in the

Arts - Creating and Promoting Child Safeguarding Policies)

aims at helping local civil-

society organisations for cultural education to be safer spaces, where children are protected

from violence including sexual violence. In line with the European Child Guarantee, these

after-school activities should be made available – and be free of charge – whenever possible.

Children value their

peer groups and friends

as safe places and sources of emotional support,

understanding and empathy. This is especially true of older children. But although it can be

helpful for children to talk to friends, it is not sufficient. In the consultation, some children said

that some secrets can be very large burdens for them to carry and that additional help and

training courses are necessary to help them shoulder it (see Section 1.6 on bullying).

Public spaces,

such as streets, parks, playgrounds, public transport, and neighbourhoods often

raise safety concerns for children

. In the consultation, children living in cities commented on

their lack of trust in authorities. Feelings of safety in public spaces also vary by gender, with

girls feeling less safe in such environments. As they grow older, some children feel that they

become: (i) a greater target of bullying; (ii) in danger of physical violence; or (iii) in danger of

being mocked or judged. In Cyprus, children responding to the consultation said that parks and

playgrounds should not be built around ‘big unsafe roads’ and said that the ‘facilities where

they spend time are often in neighbourhoods which are not the safest’. When they are well-

known, police officers give children a greater feeling of safety. Better street lighting

and a

good mobile phone network can also increase children’s feelings of safety. As underlined by

European Youth Goal Number 9, young people need access to physical spaces in their

communities to support their personal, cultural and political development

1.4.2 Increasing online safety and empowering children

Child protection in the digital world is also a critical concern for children .

In the children’s

consultation, children raised concerns on cyberbullying, data security and online regulations.

Children emphasised the need for increased

safety measures and effective regulations

protect them in the digital world. For example, they referred to the need for stricter restrictions:

(i) on age limits for social media; (ii) to prevent access to inappropriate content; and (iii) to

ensure correct age verification when people access apps or websites.

Children said that they

want more education on staying safe online

(e.g. outreach campaigns for children warning

them not to befriend strangers on social media).

This is in line with Principle 11 of the European Pillar of Social Rights, which recognises children’s right to affordable early-

childhood education and care that is of good quality.

Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens,

Equality, Rights and Values (CERV) Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament

and of the Council and Council Regulation (EU) No 390/2014, OJ L 156, 5 May 2021, 1-21.

Safer Spaces and Participation in the Arts - Creating and Promoting Child Safeguarding Policies.

About children’s perceptions of risk and unsafe school routes, see For Gössling, S., et al., ‘Children’s safe routes to school:

Real and perceived risks, and evidence of an incapacity-incapability space’,

Journal of Cycling and Micromobility Research,

Vol. 2, 2024.

Child Participation Platform focus group on Children’s Voices on Feeling Safe, see note 51 p. 9.

Youth Goals.

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Children face many challenges from digital tools – including use of social media – and

this puts increasing pressure on their mental health.

Children going through puberty with

online over-exposure are likely to experience far more social comparison, self-consciousness,

public shaming, and chronic anxiety than adolescents in previous generations

. It is important

that they use social media prudently, and policy in this area should tackle issues such as: online

child sexual abuse; online access to illicit drugs and new psychoactive substances;

cyberbullying; hate speech; excessive screentime; and the digital editing of images.

Only 50% of children

consulted under the ‘Our Rights. Our Future. The Europe We Want’

project

feel safe online.

This is very different for boys and girls: 66% of boys feel safe online,

compared to 41% of girls

A move to create a safer and healthier digital space for children and young people is

needed.

This is emphasised in the Council conclusions on digital empowerment to protect and

enforce fundamental rights in the digital age

and on supporting well-being in digital

education

This is especially the case for children in vulnerable situations.

In the

consultation, stakeholders (Eurochild; the Federation of Catholic Family Associations in

Europe (FAFCE), Save the Children; ESCAP; and CNZD, Croatia’s Centre for Missing

Children) also identified

numerous threats

that could potentially harm children, such as: (i)

child sexual abuse; (ii) the premature exposure of children to adult content; (iii) the risk of

addiction to devices; (iv) artificial intelligence (AI); and (v) hate speech online. The issue of

addictive behaviour due to the use of internet devices, without proper official recognition of

their risks, is a particular concern (and was raised in the consultation by FAFCE). In a survey

from the Joint Research Centre (JRC), children reported having spent an average of 6.5 hours

online on a typical weekday during lockdown (including 3.8 hours for school purposes)

Heightened levels of internet use can lead to a more sedentary lifestyle with possible health

implications. Many psychologists have raised concerns about children developing attention

disorders and having difficulty disconnecting from internet use

. As highlighted in the

Communication on a comprehensive approach to mental health

, the Commission will support

a practical guidance for authorities on improving the protection of children in the digital world.

In the consultation, children also stressed the need for increased safety measures and

effective regulations to protect them in the digital world

. On this issue, there is a risk of a

mismatch between the legal framework and the

effectiveness of the measures implemented

to protect children online, showing how reality may diverge from legal standards (this was a

concern expressed by the Spanish NGO Professionals For Ethics).

Haidt, J., ‘End the phone-based childhood now -The environment in which kids grow up today is hostile to human

development’.

The Terrible Costs of a Phone-Based Childhood,

Penguin Press, 2024.

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

Council conclusions on digital empowerment to protect and enforce fundamental rights in the digital age, 14309/23, 20

October 2023.

Council conclusions on supporting well-being in digital education, 14982/22, 28 November 2022.

European Commission, Joint Research Centre, Lobe, B., Velicu, A., Staksrud, E. et al., How children (10-18) experienced

online risks during the COVID-19 lockdown – Spring 2020 – Key findings from surveying families in 11 European countries,

Publications Office of the European Union, 2021.

BIK+, see note 72 p. 13.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions on a comprehensive approach to mental health, COM/2023/298 final, 7 June

2023.

Child Participation Platform focus group on Children's Voices on Feeling Safe, see note 51 p. 9.

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Further threats to child protection online include inappropriate content, intrusive harvesting of

information, aggressive (online) marketing of unhealthy foods and beverages, beauty

standards, and alcohol and tobacco as well as aggressive (online) marketing of unhealthy foods

and beverages. As regards the latter, the Group of Chief Scientific Advisors of the European

Commission, under the Scientific Advice Mechanism, has issued a scientific opinion, ‘Towards

Sustainable Food consumption’. This group has recommended to ban the advertising of

unhealthy diets and of foods that are poor in nutrients or high in fat, salt and sugar to children

from all media. According to this opinion, voluntary codes of conduct for responsible

marketing have not proven sufficient to address the issue

Stakeholders also called for more – and more specific – provisions and a clear and common

regulation for effective

age verification

in the EU (this point was made by Professionals For

Ethics and the French NGO Digital Renaissance)

. For example, France launched in February

2022 an action plan for the prudent use of screens by young people and children, and introduced

a law in July 2023 to lay down an age at which people are considered to be digital adults

Stakeholders in this area have already tested an effective, user-friendly and interoperable

system developed under EU co-funded pilot project (euCONSENT.asb

) to verify users’ age.

Stakeholders also called for

awareness-raising or training activities

on digital literacy,

privacy, and online safety for children (this appeal was made by both DCI Belgium and DCI

Italy)

100

. These stakeholders also suggested empowering family members as first agents of

prevention against online risks to children. As a complementary action, respondents to the

survey also recommended implementing wide-reaching education on internet safety and

‘netiquette’ in schools, before children are old enough to gain unsupervised access to the

internet (respondents voicing this view included FAFCE, ESCAP, and the European Disability

Forum). For instance, the Council of Europe has developed awareness-raising and training

activities on digital literacy

101

Only seven EU Member States, Croatia, France, Hungary, Sweden, Slovakia and Slovenia)

have developed

a comprehensive digital strategy

or programme with a focus on children and

digital technologies

102

The UNCRC General comment No. 25 (2021) on children’s rights in relation to the digital

environment highlights the ‘opportunities, risks and challenges in promoting, respecting,

protecting and fulfilling all children’s rights in the digital environment’

103

The

Council’s Conclusions on digital empowerment to protect and enforce fundamental

rights in the digital age

invited Member States to raise awareness, in a language adapted to

children and young people, of the importance of protecting their privacy and personal data in

the digital world

104

. In addition, the Conclusions invited Member States to adopt the necessary

European Commission,

Towards sustainable food consumption – Promoting healthy, affordable and sustainable food

consumption choices,

Directorate-General for Research and Innovation, Group of Chief Scientific Advisors, Publications

Office of the European Union, 2023.

Renaissance Numérique,

Contrôle de l’âge en ligne : pour une approche proportionnée et européenne,

2022.

“Je

protège mon enfant” platform,

relating to screen use and protection against pornography.

euCONSENT - Trust Services for Children in Europe.

100

For instance, see Council of Europe,

Digital citizenship education handbook,

2022.

101

Digital citizenship education handbook,

see note 106 p. 17.

102

Cyprus, Croatia, France, Hungary, Sweden, Slovakia and Slovenia.

Mapping Child Protection Systems in the EU,

see note

15 p. 5.

103

UNCRC General comment No. 25 on children’s rights in relation to the digital environment, 2021.

104

European Council,

Council sets out vision for protecting fundamental rights in the digital world,

2023.

c (2024) 2680 - Ingen titel

measures to provide specific protection and/or digital skills tailored to the needs of children

and people working with children. These measures could include: (i) training programmes for

teachers and youth workers; (ii) help to identify cyberbullying, grooming and other forms of

online harassment and crime; (iii) reporting on the support given to child and youth victims of

crime online; (iv) support for the introduction of age-verification systems to tackle aggressive

commercial practices; and (v) support to promote appropriate limits on screen time. The

Council’s Conclusions on the EU strategy on the rights of the child

called on Member States

to increase opportunities for children to be responsible and resilient members of digital society,

in particular by: (i) investing to ensure equal access and support to digital technology for every

child; (ii) empowering children to be conscious media users by supporting the development of

media and information literacy needed to critically examine, evaluate and produce online

content

105

; (iii) providing protection on existing and emerging risks in the digital environment

by focusing on digital literacy, privacy and online safety; and (iv) developing support services

for child victims of online abuse.

At EU level, there are several important building blocks to protect, empower and respect

children in the digital age. This include: (i) the new

BIK+ strategy

106

; (ii) the Digital Services

Act (DSA); (iii) the Audiovisual Media Services Directive

107

(AVMSD); and (iv) the General

Data Protection Regulation (GDPR). In the paragraphs below, these building blocks are

discussed in more detail.

Firstly,

the EU-funded BIK platform

108

and the network of

Safer Internet Centres

help to

raise awareness of online challenges and opportunities by offering a wealth of resources and

support for children, parents, teachers, and the general public including helpline services and

training activities. In 2022, the network and platform together reached more than 31 million

European citizens providing them with more than 1 300 new resources

109

Secondly,

the DSA

110

has the protection of minors as a core objective. The DSA constitutes a

novel piece of legislation that aims to create a safer and more trusted online environment,

including by setting targeted rules for the protection of minors online. The DSA includes

obligations for providers of online services to: (i) remove and report illegal and harmful

content; (ii) create easy-to-use tools for flagging content; and (iii) set up efficient internal

complaint mechanisms. In addition, the DSA requires very large online platforms (VLOP) and

search engines (i.e., those with more than 45 million active users) to assess and mitigate

systemic risks to children’s rights and well-being. Mitigation measures that these very large

online platforms and search engines may build include tools for minors to signal abuse, specific

parental-control tools, or age-assurance tools. Under the DSA, platforms that are

predominantly directed at – or used by – minors need to ensure that their terms and conditions

are easily understandable for them. The DSA further prohibits the use of online advertising

based on profiling of minors. The Commission may adopt guidelines to help providers of online

platforms applying the DSA’s requirement to ensure a high level of privacy, safety and security

105

106

Council conclusions on the EU strategy on the rights of the child, see note 6 p. 3.

BIK+, see note 72 p. 13.

107

Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive

2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States

concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market

realities, OJ L 303, 28 November 2018, 69–92.

108

BIK+, see note 72 p. 13.

109

European Commission,

Better internet for Kids review of the year 2022,

2023.

110

Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For

Digital Services and amending Directive 2000/31/EC (Digital Services Act), OJ L 277, 27 October 2022, 1-102.

c (2024) 2680 - Ingen titel

of minors on their services. On 19 February 2024, the European Commission has

opened

formal proceedings

to assess whether TikTok, designated as VLOP, may have

breached the Digital Services Act (DSA) in areas linked to the protection of minors, advertising

transparency, data access for researchers, as well as the risk management of addictive design

and harmful content

111

. A user-friendly booklet on the Digital Services Act (DSA) provisions

on measures to protect children and young people online was also published

112

Thirdly, the

AVMSD

includes specific provisions on audiovisual media-service providers to

protect minors from content that may impair their physical, mental or moral development.

Additionaly, providers of video-sharing platforms must take appropriate measures including:

(i) age verification; (ii) parental control; (iii) reporting mechanisms; (iv) systems to allow

uploaders or users to rate content; and (v) measures to protect children from different forms of

aggressive online marketing of unhealthy foods and beverages. Under the AVMSD, the most

harmful content (such as gratuitous violence or pornography) must be subject to the strictest

measures such as encryption and effective parental controls. The AVMSD addresses broadcast

advertising to children and calls Member States to encourage media service providers and

video-sharing platform service providers or organisations representing them to develop codes

of conduct regarding inappropriate audio-visual commercial communications, accompanying

or included in children's programmes, of foods and beverages high in fat, trans-fatty acids,

salt/sodium and sugars, excessive intakes of which in the overall diet are not recommended.

Lastly, the

General Data Protection Regulation (GDPR)

applies to the processing of

children’s personal data both offline and online. The GDPR recognises that children deserve

stronger protection of their personal data as they may be less aware of the risks and their rights.

Therefore, controllers of these data should be aware of potential risks to the rights and freedoms

of children when processing their personal data and take appropriate measures to mitigate these

risks. The GDPR lays down conditions applicable to consent in relation to information services

that affect children. These conditions include a requirement for processors of information to

obtain consent for the processing of data belonging to that child under the age of 16

113

. This

consent can be given or authorised by the holder of parental responsibility for children under

16. The GDPR also grants a specific right to ‘erasure’ (the so-called right to be forgotten)

regarding children’s personal data collected from online services.

The GDPR requires a legal basis for processing personal data. When a controller is processing

personal data based on their legitimate interests, they should ensure that the legitimate interests

pursued do not negatively impact the best interests of the child. GDPR clarifies that specific

protection should be given to the personal data of children, in particular when these data: (i)

are being used for the purposes of marketing or creating personality or user profiles; and (ii)

are being used to offer services directly to a child. Furthermore, the GDPR requires that

children should not be subject to automated decision making. It also requires controllers to

provide any information on personal data processing and communication in relation to a data

subject’s rights in a clear, transparent, understandable, and easily available style, particularly

where recipients are children, to guarantee that these rights are easily understandable by them.

111

112

European Commission,

Commission opens formal proceedings against TikTok under the Digital Services Act,

2024.

European Commission,

The Digital Services Act (DSA) explained - Measures to protect children and young people online,

2023.

113

Member States may provide by law for a lower age provided that this age is not below 13 years.

c (2024) 2680 - Ingen titel

The

European Data Protection Board

is working on guidelines on children’s data

114

. The

protection of children in online environments, in particular when interacting with very large

online platforms, has been the subject of several decisions of the European Data Protection

Board

115

Furthermore, to address the spread of illegal hate speech online

116

, including the possible

exposure of children and young people to hate speech, the Commission launched in 2016 a

code of conduct on countering illegal hate speech online

117

and promoted this code of

conduct with the major online platforms. The code aims to both: (i) ensure a prompt response

to hate-speech notifications; and (ii) promote awareness raising and education to better prevent

hate speech.

Under EU consumer law,

the Unfair Commercial Practices Directive

protects children as

vulnerable consumers and prohibits direct exhortations encouraging them to purchase

something. Furthermore, the ongoing fitness check of consumer law on digital fairness is

examining the effectiveness of current EU consumer-protection legislation in tackling the

addictive use of digital services.

The

Consumer Protection Cooperation Network

118

endorses key principles on fair

advertising towards children that traders should consider to better protect children who shop

across national borders

119

. It has also coordinated actions to promote the rights of children as

consumers, leading TikTok to make a commitment to better protect children as consumers

120

On product safety, the European Commission has developed communication campaigns and

webss under the Safety Gate Portal

121

, the EU rapid alert system for dangerous non-food

products. Additionally, the

General Product Safety Regulation

122

sets standards for products

that are attractive to children.

In the context of the broader digital risks facing children, it is essential to highlight the potential

hazards associated with

Artificial Intelligence (AI)

and virtual words

123

. In the

EU initiative

on Web 4.0 and virtual worlds

124

, the Commission acknowledged that the development of

114

115

European Data Protection Board (EDPB),

EDPB Work Programme 2023/2024,

2023.

See for example in that context the

EDPB Binding Decision 2/2022

on the dispute arisen on the draft decision of the Irish

Supervisory Authority regarding Meta Platforms Ireland Limited (Instagram) under Article 65(1)(a) GDPR adopted on 28 July

2022, and the

EDPB Binding Decision 2/2023

on the dispute submitted by the Irish SA regarding TikTok Technology Limited

(Article 65 GDPR) adopted on 2 August 2023.

116

As defined by the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and

expressions of racism and xenophobia by means of criminal law, OJ L 328, 6 December 2008, 55-58.

117

European Commission,

The EU Code of conduct on countering illegal hate speech online,

2016.

118

Established by the Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on

cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation

(EC) No 2006/2004, OJ L 345, 27 December 2017, 1-27. See also,

How are consumer rights enforced in the EU?.

119

Cooperation between consumer and data protection authorities: 5 key principles of fair advertising to children.

120

For example European commission,

EU Consumer protection: TikTok commits to align with EU rules to better protect

consumers,

2022.

121

Safety Gate: the EU rapid alert system for dangerous non-food products.

122

Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety,

amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the

European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and

Council Directive 87/357/EEC, OJ L 135, 23 May 2023, 1-51.

123

The Institution of Engineering and Technology,

Children likely to spend 10 years of their lives in VR metaverse,

2022

(updated on 9 October 2023).

124

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions An EU initiative on Web 4.0 and virtual worlds: a head start in the next

technological transition, COM/2023/442 final, 11 July 2023.

c (2024) 2680 - Ingen titel

virtual worlds is likely to pose challenges to fundamental rights, in particular the rights of the

child. Children and young people may be digital ‘natives’ but they still need to better

understand specific issues in relation to: (i) their safety, security and privacy; (ii) the protection

of their personal data and other rights; and (iii) the obligations in immersive environments.

Children’s rights should be upheld in virtual worlds, including through measures to ensure

child safety and privacy by design. The Commission is committed to: (i) supporting skills

development for virtual-world technologies; (ii) promoting guiding principles for virtual

worlds; (iii) supporting specific research on the impact of virtual worlds on children’ health

and well-being, through Horizon Europe

125

; and (iv) developing a virtual-worlds toolbox for

the general public, as well as resources on virtual environments for young people under the

BIK+ strategy.

For this reason, the proposed

AI Act

126

aims to ensure safety and respect of those fundamental

rights in relation to AI systems intended to be used in high-risk contexts (e.g., essential public

services, law enforcement, or education). Under the proposed AI Act, before such systems may

be placed on the market or put into service in the EU, they would need to comply with a set of

safety requirements and procedures, including: (i) a risk assessment; (ii) the management of

foreseeable risks to children; (iii) human oversight; and (iv)

ex post

monitoring. Furthermore,

the proposed AI Act would prohibit unacceptable AI practices that have the objective or effect

of exploiting vulnerabilities of children in a way that could cause them harm.

Research

is also underway to help establish a balance between the development of AI and

individual rights. A report by the JRC proposes a set of science-for-policy principles for AI

and children’s rights

127

. Another JRC project

128

is studying the impact of AI and algorithmic

systems on people and society, and assesses the potential long-term impact of algorithms on

children, mental health, and democratic processes.

1.4.3 Child sexual abuse

It is estimated that 1 in 5 children in Europe fall victim to some form of sexual abuse

during their childhood

129

Every second, at least two images or videos of a child’s sexual

abuse are published online and reports of grooming increased by 82% from 2021 to 2022

130

Among 1 276 children consulted in a recent survey, 42% answered ‘yes’ to the question ‘Did

any of your friends experience online teen dating violence?’

131

. Moreover, during the COVID-

19 Pandemic, Children were exposed to increased domestic violence, cyberbullying, online

abuse and exploitation, including a steep rise in the circulation of online child sexual abuse

materials

132

Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe –

the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and

repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013, OJ L 170, 12 May 2021, 1–68.

126

Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial

intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, COM/2021/206 final, 21 April 2021.

127

European Commission, Joint Research Centre, Chaudron, S. and Di Gioia, R., Artificial Intelligence and the Rights of the

Child - Young people’s views and perspectives, EUR 31094 EN, Publications Office of the European Union, Luxembourg,

2022.

128

HUMAINT - Human behaviour machine intelligence.

129

Council of Europe Human Rights Channel.

130

National Center for Missing & exploited children.

See also,

Eurochild: Last call: protect children from online sexual

exploitation!.

131

Save the Children: Progetto Date (Develop Approaches and Tools to end online teen dating violence).

132

Europol,

Exploiting isolation: Offenders and victims of online child sexual abuse during the COVID-19 pandemic,

2022.

125

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Child sexual abuse can have profound long-term consequences on children’s psychological

well-being, and also lead to the development of associated disorders or co-morbidities

133

Children may also have misconceptions about sexual relations, with more and more children

receiving information about sex through pornography. Support and intervention mechanisms

should help these children cope with trauma, a point made by the French NGO Point of Contact.

Stakeholders proposed preventive campaigns and protocols on the risks related to pornography

and sexually explicit content generated by children (this was a point made by both FAFCE and

the Czech NGO NePornu).

This is why the EU is on the frontline in tackling the issue, laying down a European legal

framework to protect children under

the EU strategy for a more effective fight against child

sexual abuse

134

, which includes a pillar on prevention in both legislative and non-legislative

initiatives. For more insights on the prevention of sexual abuse and protection of its victims,

see Section 1.4.3.

The

Directive on combating the sexual abuse and sexual exploitation of children and child

pornography

135

provides a common framework for criminal investigation into – and

prosecution of – child sexual abuse and exploitation crimes. The Directive imposes minimum

standards with regards to the definitions of offences and sanctions. It also obliges Member

States to prevent those crimes and give assistance and support to victims. The Directive

contains provisions requiring Member States to take the necessary measures to ensure the

prompt removal or blocking of web pages containing or disseminating child sexual abuse

material. On 6 February 2024, the Commission proposed a recast of the Directive

136

, which,

besides updating the definitions of offences and penalties, reinforces the provisions on both

prevention and assistance to victims.

The

proposal for a regulation to prevent and combat child sexual abuse

137

sets out

measures to combat abuse against children both online and offline. The proposal would require

companies to systematically assess and mitigate the risk of child sexual abuse on their services

(i.e., by implementing ‘child safety by design’) and, if prevention is not sufficient, to detect,

report, remove and block online child sexual abuse. It would also set up an EU centre to prevent

and combat child sexual abuse as an EU agency to facilitate the implementation of these

obligations in Member States and provide support to victims. The

Interim Regulation

138

combat child sexual abuse lays down temporary and strictly limited rules derogating from

certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling

providers of interpersonal communications to process personal data to use specific

133

CIIVISE,

Violences sexuelles faites aux enfants: le coût du déni,

2023; CIIVISE,

Violences sexuelles faites aux enfants: on

vous croit,

2023.

134

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions EU strategy for a more effective fight against child sexual abuse, COM/2020/607

final, 24 July 2020.

135

Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse

and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (Child

Sexual Abuse Directive), OJ L 335, 17 December 2011, 1–14.

136

Proposal for a directive of the European Parliament and of the council on combating the sexual abuse and sexual exploitation

of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast), COM/2024/60

final, 6 February 2024.

137

Proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child

sexual abuse, COM/2022/209 final, 11 May 2022.

138

Proposal for a Regulation of the European Parliament and of the Council on a temporary derogation from certain provisions

of Directive 2002/58/EC of the European Parliament and of the Council as regards the use of technologies by number-

independent interpersonal communications service providers for the processing of personal and other data for the purpose of

combatting child sexual abuse online, COM/2020/568 final, 10 September 2020.

c (2024) 2680 - Ingen titel

technologies, without prejudice to the GDPR and to the extent necessary, to detect, report and

remove online child sexual abuse material from their services. On 30 November, the

Commission proposed an extension of the Interim Regulation which the Council and the

European Parliament endorsed with a provisional agreement. Thereafter, the Interim

Regulation will be extended until 3 April 2026.

As proposed in the EU strategy for a more effective fight against child sexual abuse, setting up

network for the prevention of child sexual abuse

would help Member States to put in place

effective prevention measures against child sexual abuse in the EU. EU funding will also

support projects to prevent and combat child sexual abuse. The JRC has published several

reports on the matter, also identifying criteria for classifying prevention programmes regarding

prevention of child sexual abuse

139

EU funds have helped to strengthen various specific projects.

Under the

CERV

programme,

the so-called Daphne strand funds projects some of which seek to prevent and

combat all forms of violence against children and young people. The Daphne strand also funds

projects: (i) to combat all forms of gender-based violence against girls and domestic violence;

and (ii) support and protect all direct and indirect victims of such violence (such as domestic

violence exerted within the family or violence in intimate relationships, including children

orphaned by domestic crimes).

Moreover, under the EU’s

Internal Security Fund

140

: (i)

PROMISE Elpis

141

promotes

multidisciplinary and inter-agency models for helping child victims and witnesses of sexual

violence; (ii)

CSAPE 2022-2024

142

helps to ensure that children have the knowledge to express

their own sexuality in an age-appropriate and safe manner to protect themselves from child

sexual abuse; and (iii)

ALUNA

143

has as one of its key three pillars the prevention of child

sexual abuse and exploitation.

Project Bridge

144

is a project funded by the EU to offer

professional services to individuals who are concerned about their thoughts or behaviours

involving children. Similarly,

Horizon Europe

(Cluster 3 on civil security for society) is

currently funding the project

2PS - Prevent & Protect Through Support

145

committed to

raising awareness on actions to prevent child sexual abuse and to increase access to support

and therapy for people who fear they might sexually abuse children. Under the same funding

umbrella, the

RAYUELA

146

project aims to use play to educate young people on the benefits,

risks and threats of the digital world. The Union’s framework programme for research and

innovation Horizon Europe

147

also supports various projects linked to the protection of children

in a number of thematic areas of research, including for example on the prevention of child

139

European Commission, Joint Research Centre, Di Gioia, R., Beslay, L., Cassar, A. and Pawula, A., Classification criteria

for child sexual abuse and exploitation prevention programmes, EUR 30973 EN, Publications Office of the European Union,

Luxembourg, 2022; for More details on the 14 classification criteria, see:

JRC: Classification criteria for child sexual abuse

and exploitation prevention programmes.

Di Gioia, R. and Beslay, L., Help seeker and Perpetrator Prevention Initiatives - Child

Sexual Abuse and Exploitation, O`neill, G. editor(s), Publications Office of the European Union, Luxembourg, 2023; see also,

JRC: Helping Member States to apply EU rules on combatting child sexual abuse.

140

Regulation (EU) 2021/1149 of the European Parliament and of the Council of 7 July 2021 establishing the Internal Security

Fund, OJ L 251, 15 July 2021, 94–131. See also,

Internal Security Fund (2021-2027).

141

PROMISE Elpis.

142

CSAPE 2022-2024.

See also,

Child Sexual Abuse Prevention and Education, CSAPE 2022–2024 project.

143

ALUNA.

See also,

ALUNA's web page.

144

BRIDGE.

See also,

project Bridge's web page.

145

2PS - Prevent & Protect Through Support.

See also,

2PS (Prevent & Protect through support)'s web page.

146

RAYUELA.

147

Regulation (EU) 2021/695, see note 131, p. 21.

c (2024) 2680 - Ingen titel

sexual exploitation and domestic and sexual violence

148

. Specifically, Horizon Europe-funded

projects are working on preventing domestic and sexual violence (Projects

ISEDA:

Innovative

Solutions to Eliminate Domestic Abuse

149

and

IMPROVE:

Improving Access to Services for

Victims of Domestic Violence by Accelerating Change in Frontline Responder

Organisations

150

1.5 Promoting a healthy environment, fostering mental health

Addressing the mental health of children is of paramount importance:

59% of young people

(15-24-year-olds) said in a recent survey that they had experienced an emotional or

psychosocial problem (such as feeling depressed or feeling anxious) in the last 12 months.

Suicide is the second largest cause of death among young people

(15-19 years of age) after

road accidents

151

. In the EU, the annual value of lost mental health, in children and young

people is estimated at EUR 50 billion

152

. Symptoms of anxiety and depression among young

people more than doubled in several European countries during the pandemic. Health systems

were already struggling with the increasing demand for mental-healthcare services that were

already stretched thin, and this meant that nearly half of all young Europeans reported unmet

needs for mental healthcare in the spring of 2022

153

. During their school years, 20% of school

children experience mental health problems, with 1 in 5 reporting unhappiness and anxiety

about the future due to bullying challenges, coping with schoolwork and loneliness

154

However, for many children, the cost of private mental health services is prohibitive

155

Children’s gender, socio-economic background and lack of support exacerbated these issues:

before the COVID-19 crisis, the World Health Organization found that European girls from

low-income families were the most likely to say that they felt low more than once a week

156

To identify the roots of mental-health distress in young people, stakeholders responding to the

Commission’s consultation ask to consider the impact of a variety of factors, such as

digitalisation, climate change, digital addictive behaviour, cyber-violence, sexual abuse, the

absence of work-life balance, and youth unemployment (all of these factors were mentioned in

the consultation by FAFCE). In addition, research conducted by various international

organisations (e.g., the World Health Organization and the International Monetary Fund

157

)

underlines the impact of gender and poverty on children’s mental health. Young people cite

the immense societal pressures they face today and express a need for better services to promote

mental health in young people.

For 66% of children consulted under the ‘Our Rights. Our Future. The Europe We Want’

Project,

school pressure

is the

biggest challenges to their mental health,

followed by

not

feeling heard

or taken seriously, loneliness,

uncertainty about the future

and

bullying

for

148

Horizon Europe Framework Programme (HORIZON)

Fighting Crime and Terrorism 2021 (HORIZON-CL3-2021-FCT-

01).

149

ISEDA.

150

IMPROVE.

151

The State of the World's Children 2021,

see note 31 p. 6.

152

The state of the World’s Children 2021,

see note 31 p. 6.

153

OECD,

Health at a Glance: Europe 2022: State of Health in the EU Cycle,

2022.

154

European Commission, Directorate-General for Employment, Social Affairs and Inclusion, Bruckmayer, M., Phillips, W.,

Children and mental health – Preventive approaches to anxiety and depression – European platform for investing in children,

Publications Office, 2021.

155

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

156

WHO,

Spotlight on adolescent health and well-being,

2020;

The State of the World's Children 2021,

see note 31 p. 6;

Eurofound,

Challenges and prospects in the EU: Quality of life and public services,

2019.

157

International Monetary Fund,

Rising Child Poverty in Europe: Mitigating the Scarring from the COVID-19 Pandemic,

2023.

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most of them. Over half of those children find addressing the stigma related to mental health

as key to tackling mental health challenges

158

‘I would put awareness on mental health, stress, and teach about it in school’, said one Danish

child consulted in a focus group

159

Many children responding to the EU Children’s

Participation Platform consultation highlighted the importance of mental health and

psychological support, and said they regretted the fact that there was a stigma about

talking about mental health issues.

These children said it was important to help people to

come up with solutions to these issues, and to organise events to help raise awareness of these

issues, both in and out of school. They noted that it is often difficult for children to acknowledge

that they need help and that adults should recognise this and provide support. ‘Parents need to

understand how to communicate about the importance of emotional health for adults and

children,’ said one child from Romania. Children said that they need to know who they can

turn to and who can assist and guide them. They also said that supportive adults should create

an environment in which children feel comfortable opening up without fearing negative

reactions.

Mental and sexual health are also interconnected.

In Spain, sexuality education courses are

held in municipal halls, with EU funding, targeting any person that works with teenagers.

Children from Denmark recommended in the consultation that the EU should initiate more

open discussions about mental health and fund more related services (see Section 2.2.3 on

support measures).

In June 2023, the

Commission adopted a comprehensive approach to mental health,

with

a focus on ‘boosting the mental health of children and young people’ with four specific flagship

initiatives on: (i) setting up a mental-health network for children and young people; (ii)

developing a prevention toolkit and addressing key health determinants; (iii) developing tools,

e.g. on promoting healthy lifestyles and resilient mental health; and (iv) better protection for

children in the digital sphere, online and on social media.

Under the

EU4Health programme

160

, funds are available for Member States and stakeholders

to implement projects that support better mental health for children. This includes: (i) projects

promoting best practices such as the ‘Ice hearts’ and ‘Let’s talk about children’ projects, each

of which received EUR 4 million in funding; and (ii) psychological first aid to displaced

people/children from Ukraine via a contribution agreement of EUR 31.2 million with the Red

Cross.

The

European Child Guarantee

identifies children with mental health issues as one of the

target groups, whose specific disadvantages should be taken into account while designing

national measures for children in need. The Guarantee also recommends Member States to

facilitate early detection and treatment diseases and developmental problems, including those

related to mental health.

158

159

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

Quote of a child from Denmark who participated in the focus group on Children’s Voices on Feeling Safe, see note 51 p. 9.

160

Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 establishing a Programme for

the Union’s action in the field of health (‘EU4Health Programme’) for the period 2021-2027, and repealing Regulation (EU)

No 282/2014, OJ L 107, 26 March 2021, 1–29.

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Youth Goal 5 on mental health and well-being of the

EU youth strategy

161

aims to achieve

better mental well-being and end the stigmatisation of mental-health issues, thus promoting the

social inclusion of all young people.

1.6 Preventing bullying, cyberbullying and peer violence

In the consultation, children raised concerns about bullying, including cyberbullying. Around

10% of students reported feeling unsafe on their way to school, or outside of the classroom

across OECD countries. 20% of students reported that they are bullied at least a few times a

month and observed vandalism and threats from students or fights in which someone got

hurt

162

. Around 10% of students saw gangs in school or saw a student carrying a gun or knife

at school

163

. Particularly, The share of students (15-years old) who report being frequently

bullied (i.e. suffering from any bullying act at least a few times a month) ranges in different

EU Member States from 13% to 29%

164

. Between 25% and 60% of 19-year-olds reported

having experienced some form of bullying, with different frequencies

165

. Most of those 19-

year-olds who experienced bullying were bullied about every month, while 5% in Finland and

19% in Belgium (in the French Community) were bullied every week. There is a very strong

negative association between the frequency of being bullied and reading performance, although

the data available are not sufficient to infer any direct causal impact. However, the message is

clear: weak performance and exposure to bullying tend to go hand in hand and should be

addressed under a common policy approach.

Bullying is a prominent concern of children, and influences children’s perceptions of

school safety.

‘It is very important to work on how to reduce peer violence in schools.

Everyone will feel safe if they know that no one will make fun of them at school and that they

will not abuse them’, said a 16-year-old girl from Croatia. ‘The ‘silent majority’ should become

more involved in protecting the victim and it would be helpful for them to know that the victim

needs to be protected and that there will be consequences for violence’, highlighted a focus

group report with suggestions of children from Croatia. One recurring topic in the consultation

with children was that more attention should be given to continuous support from teachers.

Children observed that adults typically get involved when disputes become violent or when

this violence escalates. Children in the consultations asked for more workshops and guidance

in schools on the topic of peer violence, and suggested specific support measures (e.g.

anonymous ‘bullying boxes’ in schools and other places to post questions, report cases of

violence, or seek advice anonymously).

Harassment and (cyber-) bullying are the biggest concerns for 71% of children

consulted

in the context of the ‘Our Rights. Our Future. The Europe We Want’ project. They asked to

‘tackle bullying, violence, and discrimination between children at all levels, including online.

Bullying is a big source of mental health challenges, and professionals working with children

should be supported to prevent, identify and respond to bullying effectively.’ 43% asked for

161

Resolution of the Council of the European Union and the Representatives of the Governments of the Member States meeting

within the Council on a framework for European cooperation in the youth field: The European Union Youth Strategy 2019-

2027 (EU youth strategy), 2018/C 456/01, OJ C 456, 18 December 2018, 1–22.

162

OECD,

PISA 2022 Results: Learning During – and From – Disruption (Volume II),

2023.

163

OECD,

PISA 2018 Results: What School Life Means for Students’ Lives (Volume III),

2019 on average across the OECD

countries.

164

European Commission (Directorate-General for Education, Youth, Sport and Culture),

The twin challenge of equity and

excellence in basic skills in the EU: An EU comparative analysis of the PISA 2022 results,

2024.

165

Progress in International Reading Literacy Study (PIRLS) 2021.

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anti-bullying and violence prevention programs in school. 53% called for better social and

psychological support to children suffering from violence and bullying

166

Bullying at school is often linked to characteristics of a child’s identity, such as their

background, physical appearance or sexual orientation.

Creating a safe and inclusive

environment in education is essential to preventing bullying and supporting children, a point

made in the consultation by the French NGO Point of Contact. Children suggested that adults

should talk more with children at schools and take a more proactive approach as school staff

are key to solving peer violence.

Children in the consultation also noted that

‘cyberbullying is as painful as offline/in-person

bullying’

and asked for more education on preventing children from becoming victims online.

They said that they believed some forms of cyberbullying (e.g. sharing of pictures without

consent and scamming) might still take place despite measures to keep children safe. Children

in the consultation also noted the dangers of social media platforms, in particular for younger

children. Children also called for have also called for awareness of their rights and the

development of social skills, as well as age-appropriate empowerment strategies to be more

protected. Cyber-violence against children is a ‘silent’ type of violence. More than 80% victims

of sexual harassment do not show any physical marks from it.

Bullying is a strong focus of the Commission’s

Expert Group on well-being at school

(see

Section 1.6). Addressing bullying and other forms of violence must start as early as possible in

early-childhood education and care, and a key component of this should be a focus on building

a positive and safe school climate. Education authorities and schools should strive to develop

whole-school actions in this area, involving all school actors and parents. The goal of these

whole-school actions should be to change the school climate and its key components, namely:

(i) the attitudes of teachers and staff in general; (ii) informal school norms; and (iii) peer

relationships. When addressing bullying, education actors should work on addressing the

problem from three angles: (i) that of the perpetrator; (ii) that of the by-stander and (iii) that of

the victims. Other measures include: (i) setting out clear guidelines, procedures and sanctions

for what is unacceptable behaviour and for reporting incidents of bullying; (ii) strengthening

the role of advisers and mentor figures among staff; (iii) facilitating pupils’ access to mental-

health professionals and services in and around schools; (iv) engaging healthcare professionals

(such as counsellors/psychologists) in the training and supervision process; and (v) early

intervention for victims and perpetrators of bullying. Education authorities and schools should

also consider fostering empathy, non-violent communication and non-judgemental listening

across the curriculum. They can do this by encouraging social and emotional learning, time for

debate, cooperative games, and the implementation of restorative practices such as conflict

resolution and peer mediation throughout the school.

The

EU-funded project

‘Safe behaviours’

167

led by the NGO SOS Children’s Villages

prevents peer-to-peer violence and violence against children without parental care, or at risk of

losing parental care. Under the Horizon Europe programme, several research projects also

focus on bullying: MAD2bully

168

is looking at the motivations behind those who bully or

support bullies; CHALLENGE

169

focuses on unsuccessful interventions to create effective

166

167

Our Rights. Our Future. The Europe We Want,

see note 52 p. 9.

Safe Behaviours.

See also,

Preventing and responding to peer-on-peer violence: young people’s insights.

168

MAD2bully.

169

CHALLENGE.

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operational models in cases of persistent bullying; and the project Outside-In

170

explores the

processes that put bullying victims at greater risk of suffering mental and physical health

problems.

Many Member States have adopted programmes or action plans with a particular focus

on bullying,

online violence against children or a more general crime-prevention strategy

171

In France, a central criminal police office was created in August 2023 focusing on children

who are the victims of: (i) physical violence; (ii) psychological, sexual or school bullying; (iii)

cyberbullying; and (iv) any form of exploitation (this point was made by Nexem, an

organisation in France representing employers in the health and care sector). After a 15-year-

old boy who complained of bullying died by suicide, France adopted a plan in 2023 to tackle

bullying with prevention, detection and response measures, with the systematic referral of the

most serious cases to the public prosecutor

172

1.7 Every child must be treated without discrimination, with specific support to children

in vulnerable situations

As laid down in the EU Charter of Fundamental Rights, the UN Convention on the Rights of

the Child and the UNCRPD,

every child must be treated with dignity, without

discrimination, and as a unique and valuable human being with an individual personality,

distinct needs and interests.

Child protection should aim at taking a holistic approach to

tackling all forms of violence against children, including structural violence such as

inequalities, social discrimination, poverty, institutional harm as well as private, domestic or

behavioural violence (a point made by the NGO ATD Fourth World International).

In addition, the Council, in its Conclusions on the EU strategy on the rights of the child, called

on Member States to increase their efforts to prevent and combat all forms of violence against

children, in particular by taking measures to protect children from discrimination on any

grounds, especially children belonging to vulnerable groups, while duly respecting their

individuality

173

However, the fragmentation and limitation of child protection systems prevent certain

vulnerable groups of children (such as children with disabilities, children belonging to

ethnic minorities, and unaccompanied and separated children) from receiving high-

quality protection

174

. The UN Committee on the Rights of the Child recommends that

countries make proactive efforts to ensure that such children are assured their right to protection

on an equal basis with all other children, as well as their right to prevention of violence and

their right to treatment to help recover from violence

175

. To achieve this, civil-society groups

have called for national child protection systems to safeguard all children at risk of violence,

neglect, abuse and exploitation with tailored initiatives and regardless of their status,

citizenship and situation. This has been advocated by the NGOs Kids in Need of Defense

170

171

Outside-In.

E.g. in Bulgaria, Czechia, France, Greece, Italy, Lithuania, Luxembourg, Finland, the Netherlands.

Mapping Child

Protection Systems in the EU,

see note 15 p. 5.

172

pHARe : un programme de lutte contre le harcèlement à l'école | Ministère de l'Education Nationale et de la Jeunesse.

173

Council conclusions on the EU strategy on the rights of the child, see note 6 p. 3.

174

Mapping Child Protection Systems in the EU,

see note 15 p. 5; UNCRC Concluding observations to certain EU Member

States; paragraph 72(g) of UNCRC GC No. 13, see note 19 p. 5. See also, Bruning, M. R., & Doek, J. E., ‘Characteristics

an Effective Child Protection System in the European and

International Contexts’,

International Journal on Child

Maltreatment, Research, Policy and Practice,

Vol. 4, 2021, pp. 231–256.

175

Paragraphs 72(g), 43 (ii) and 60 of UNCRC GC No. 13, see note 19 p. 5.

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(KIND); Child Circle; the European Guardianship Network (EGN); the NGO for

undocumented migrants PICUM, and Nexem.

Discrimination continues to be a significant issue especially affecting minority groups

176

For instance, LGBTIQ children still face high rates of violence and discrimination across

Europe.

At home, rejection from family members can lead to mental-health problems and, in

the most severe cases, to homelessness. According to the FRA’s LGBTI survey from 2019

177

11% of LGBTI children aged 15 to 17 experienced a physical or sexual attack due to being

LGBTI in the 12 months preceding the survey. Around 13% of those who were attacked were

attacked by a family member

178

. Both these rates are the highest among all age groups

participating in the survey. This situation was exacerbated by the lockdown measures put in

place during the COVID-19 pandemic

179

A substantial

71% of LGBTQI+ children

consulted in the context of the ‘Our Rights. Our

Future. The Europe We Want’ project encounter discrimination due to their sexual orientation.

Almost half (49%) of children with disabilities and of respondents from ethnic minorities

(46%)

report discrimination based on this.

Almost 1 out 4 children living in alternative care

settings (24%) endure discrimination related to their care status. Discrimination also impacts

girls more than boys:

81% of girls

have experienced or witnessed discrimination, compared to

61% of boys.

Only 23% of children have not experienced or witnessed discrimination.

Children stress that adults can play a critical role in tackling discrimination by setting the right

example and treating others with kindness. Adults should also play an important role in

providing adequate support services and creating safe environments where children feel

comfortable to speak up about discrimination. Children should also be involved in finding

solutions

180

As acknowledged in the 2021-2030 strategy for the rights of persons with disabilities

181

and

supported by an analysis performed by the FRA

182

children with disabilities have a higher

risk of becoming victims of violence and abuse

– both in their home environment and in

institutions. These children are also more likely to be targeted by hate speech and bullying,

including in education institutions, and they also experience greater rates of violence and

harassment. The UNCRPD, to which the European Union is party, addresses explicitly the

rights and needs of children under its Article 7. Specifically,

the UNCRPD states that

children with disabilities have the right to express their views freely on all matters

affecting them,

with their views being given due weight according to their age and maturity,

on an equal basis with other children. State parties to the UNCRPD should also provide

disability and age-appropriate assistance to help children exercise their right to be heard.

One third of young people in Europe are at risk of poverty and social exclusion.

Many do

not have access to their social rights and many continue to face multiple discrimination, or

experience prejudice and hate crimes. In 2021, more than half of Roma households experienced

176

177

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

European Union Agency for Fundamental Rights (FRA),

A long way to go for LGBTI equality,

2020;

FRA LGBTI Survey

Data Explorer.

178

ILGA Europe and IGLYO,

Intersections: The LGBTI Survey II – Youth Analysis,

2022.

179

FRA,

The coronavirus pandemic and fundamental rights: A year in review,

2021.

180

Our Rights. Our Future. The Europe We Want,

see note 52 p. 9.

181

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-

2030 (Strategy for the rights of persons with disabilities), COM(2020) 101 final, 3 March 2021.

182

FRA,

Violence against children with disabilities: legislation, policies and programmes in the EU,

2015; FRA,

Crime, safety

and victims' rights – Fundamental Rights Survey,

2021.

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housing deprivation in the EU countries covered. Roma children under 15 years of age are

more likely to experience housing deprivation than Roma aged 45 to 64 years of age

183

. New

migratory phenomena have brought with them several challenges relating to social and

inclusion of children with migrant background or of different ethnic origin: one quarter of the

children at risk of poverty and social exclusion have at least one parent born outside the EU

184

The specific disadvantages experienced by homeless children are acknowledged in the

European Child Guarantee and should be taken into account by Member States while

implementing it. It is crucial to work to fulfil the rights of all young people in Europe, including

the most marginalised and excluded. In this regard, Youth Goal Number 3 (inclusive societies)

of the EU youth strategy aims to enable and ensure the inclusion of all young people in society.

Children today also face

discrimination based on their religion,

with issues like antisemitism

and anti-Muslim hatred and discrimination impacting their lives. 44% of young European jews

have experienced antisemitic harassment

185

. There has been an unprecedented rise in

antisemitism in Europe since the 7 October terrorist attack by Hamas on Israel. Jewish children

have been locked in their schools because the streets are not safe for them. As stated by

President von der Leyen: ‘No parent should be afraid to send their children to school’

186

. The

Commission speeded up its implementation of the EU strategy on combating antisemitism and

fostering Jewish life (2021-2030)

187

and published the Communication No Place for Hate

188

Public authorities, civil-society and international organisations have expressed their concerns

over this issue and have all made recommendations on the protection of groups of children that,

in their view,

require specific support.

This is comprehensively analysed in a designated

subsection below (Section 4.1).

2. The need for continuous and coordinated support

2.1 Prevention, identification, early-warning, reporting and referral mechanisms

The prevention of violence among children and young people has developed considerably in

both quality and quantity over the last 20 years, a point made by the German Association for

Public and Private Welfare. Nevertheless, stakeholders reported that there are gaps in the

prevention, identification, and support services offered to child victims of violence or neglect

(a point made in the consultation by the Spanish Ministry of Justice).

2.1.1 Prevention, including family support

Children want prompt support before any situation they face gets worse.

In the

consultation organised for this report, children expressed a strong desire for preventive support

from adults, including providing information and support to families to prevent children from

183

FRA,

Roma in 10 European countries, main results,

2021;

FRA - Discrimination in the past 12 months because of being

Roma in core areas of life (2021).

184

Monitoring and benchmarking frameworks.

185

FRA,

Young Jewish Europeans: perceptions and experiences of antisemitism,

2019.

186

Speech by President von der Leyen at the lighting of the Euro-Chanukah.

187

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions EU Strategy on Combating Antisemitism and Fostering Jewish Life (EU Strategy

on Combating Antisemitism and Fostering Jewish Life) (2021-2030), COM/2021/615 final, 5 October 2021.

188

Joint Communication to the European Parliament and the Council on No place for hate: a Europe united against hatred,

JOIN/2023/51 final, 6 December 2023.

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being unsafe. Children called for preventive measures, anti-bullying programmes and

emotional education in schools, as well as improved access to support when they need it.

The safeguarding of children starts with actively preventing all forms of violence and

intolerant attitudes, along with explicitly prohibiting these attitudes

189

. The UN Committee

on the Rights of the Child has stressed that general (primary) and targeted (secondary)

prevention must remain paramount at all times in the development and implementation of child

protection systems

190

. Among EU Member States, there are

fragmented and isolated

prevention initiatives,

rather than systematic prevention programmes

191

. Public authorities

consulted almost unanimously reported that there are gaps in prevention, identification and

support services for child victims of violence or neglect

192

. DCI Belgium also noted the need

to ensure children’s right to participate in the creation of prevention tools. Moreover, DCI Italy

argued that a child safeguarding system that focuses exclusively on responding to situations of

violence will be ineffective in the related work of reducing vulnerability, stamping out the

conditions of vulnerability, and preventing a range of violations that can lead to contexts of

violence.

Family members are also crucial agents for children’s well-being, so child protection

systems should aim to prevent family separation, institutionalisation, and any form of

violence against children.

(See also Section 2.2.4) According to stakeholders who contributed

to the consultation for this staff working document, family well-being plays a role in ensuring

children’s wellness

193

. Fostering techniques for positive discipline to support families’

capacities or parenting programmes are useful in providing children with care in a safe

environment. Stakeholders called for a Commission recommendation that: (i) recognises the

role played by national social service workers and the education system in identifying and

supporting children at risk (a wish expressed by the French NGO Happy Kids Foundation);

and (ii) empowers children, parents, community organisations, and law enforcement to adopt

a holistic approach to violence and suicide prevention (as advocated for by two NGOs: Hope

and Homes and the FAFCE)

194

. Postnatal depression and other mental-health issues during

pregnancy must be addressed. The EU-funded Happy Mums project

195

explores the

physiological mechanisms to enable clinical interventions. Another project, funded under the

CERV programme, FATHERS ROCK

196

, works with men who are – or who will soon become

– fathers. FATHERS ROCK collaborates with key services (perinatal services, birth pathways,

daycare centres, health services, hospitals, and nurseries) to prevent violence at home. The

Austrian

Frühe Hilfen

(early help) programme aims at supporting families in need during

pregnancy or in the first 3 years of a child’s life through an interdisciplinary approach

197

The

EU strategy on the rights of the child

recalls that, in an integrated child protection

system, special attention should be given to prevention measures, including family support.

189

190

Paragraphs 13 and 46 of UNCRC GC No. 13, see note 19 p. 5.

191

UNCRC, Concluding observations for certain EU Member States; Session ‘Towards Integrated Child Protection systems’

of the 2022

European Forum on the rights of the child.

192

16 out of 17 public authorities consulted agreed with that statement.

193

See also,

Council of Europe’s

audiovisual material on children’s rights.

299

300

c (2024) 2680 - Ingen titel

and justice systems, ensuring a solid platform upon which to coordinate work

301

. The EU

strategy on the rights of the child highlighted that the Commission will further support the

establishment of Barnahus-style centres in the EU. Although the proposed revision of the

Victims’ Rights Directive does not require Member States to follow the Barnahus model, it

builds on the principles of the Barnahus. In particular, with the proposed revision of the

Victims’ Rights Directive, the Commission proposes that Member States

provide for a

targeted, multiagency approach to support and protect child victims,

providing services in

an integrated and coordinated manner on the same premises to all child victims who need it.

In practice, without a Barnahus model in place, children often have to give statements multiple

times in different places, because the technology used for taking statements is problematic and

what should have been recorded was not recorded (a point made by CNZD). Trained experts

in forensic psychology should carry out the pre-recording of evidence given by the child, using

the Barnahus model, when the child is in an appropriate emotional state, with as little time as

possible between the recording and the disclosure of the facts (a recommendation made by the

Platform for Children). The Barnahus centres should also be in appropriate locations and be

able to provide advice and therapeutic intervention to children if needed (a point made by

Eurochild).

The Barnahus model generally applies to children that are victims of crime only (a point made

by the French NGO Children of Prisoners Europe, and the Irish child protection agency Tusla).

Moreover, where NGOs run Barnahus centres, the availability of the Barnahus centres depends

on: (i) the presence of those organisations on the territory; and (ii) their capacity to staff these

centres. This means in practice that there is often a different level of Barnahus service provided

in different regions of the same country (a point made by Poland’s ‘We Give Children Strength’

Foundation). Stakeholders call on the EU to roll out an efficient Barnahus model across

Member States while showcasing how this model can be adapted for all child protection

concerns (a point made by Tusla) and to other groups of vulnerable children, such as children

visiting detained parents (a point made by the NGO Children of Prisoners Europe)

302

Children’s rights to contact their detained family members should be taken into account and

respected (a point made by Caritas) and the penitentiary system should be child-friendly and

should enhance child-parent relationships

303

. Children of Prisoners Europe recommends that

the EU promote a ‘One Roof’ approach, bringing cross-sectoral stakeholders for a particular

group of vulnerable children under one roof at least once a year to foster integrated child

protection systems.

Detection of cases of sexual abuse of children has increased fourfold since the establishment

of a Barnahus in Tarragona in Spain in 2020, according to the Catalan Department of Social

Rights (a point made by the Spanish NGO Platform for Children).

Thanks to funding from the EU’s Rights, Equality and Citizenship programme and its CERV

programme, the PROMISE project and its successors, coordinated by the Council of the Baltic

301

Council

of Europe,

Barnahus: a European journey, Findings of a.mapping study on multidisciplinary and interagency child-

friendly justice models responding to violence against children,

2023.

302

COPE reports that an estimated 2.1 million children are separated from a parent in prison in Europe on any given day.

303

Council of Europe,

Recommendation CM/Rec(2018)5 of the Committee of Ministers to Member States concerning children

with imprisoned parents,

2019.

c (2024) 2680 - Ingen titel

Sea States, have succeeded in setting up a

European Barnahus network

304

with Barnahus-

quality standards and multiple resources

305

The European Commission

Technical Support Instrument (TSI)

has also helped to expand

the Barnahus model across EU Member States, and supported the implementation of this model

in Croatia, Finland, Ireland, Slovenia, and Spain – with the Council of Europe as implementing

partner. In 2019, Finland improved the quality, efficiency, coordination, and operation of five

existing Barnahus units to respond to and manage child sexual abuse cases in a child-friendly

manner. The TSI also helped Slovenia to draw up a draft law on child-friendly justice, adopted

in June 2021, and enabled a clear legal framework for the Barnahus, leading to the

establishment of the Barnahus model in the country. The TSI has also made significant progress

in protecting children’s rights in criminal law proceedings in Slovenia and is assisting

Slovenia’s Ministry of Justice in its effort to reduce delays in civil law proceedings involving

children, which will result in the adoption of an action plan to reform the current legal

framework.

The Council of Europe is working on an upcoming draft recommendation on multidisciplinary

and multiagency services for child-friendly justice (including operational guidelines for

Barnahus-model services) by 2026, building on lessons learnt from the projects and the

mapping study

306

The Barnahus model has become a recommended practice in recent years. Several EU Member

States have now adopted this model: Denmark, Germany, Estonia, Ireland, Malta, Slovenia,

Finland and Sweden. Greece, Spain, France, Cyprus, Latvia, Hungary and Romania are

currently developing their Barnahus projects

307

Under an indirect management grant under the European Commission’s justice programme

308

to the Council of Europe, a joint European Commission and Council of Europe project will

help to better protect children that come into contact with the law by fostering the

practical

implementation of the Council of Europe’s guidelines on child-friendly justice

309

In addition, the Council of Europe Committee of Experts on the Rights and the Best Interests

of the Child in Parental Separation and in Care Proceedings (CJ/ENF-ISE) is undertaking a

review of law and policy on how the best interests of the child and their rights can be protected

in situations of parental separation and care proceedings

310

. The Committee will then prepare

recommendations, guidelines and/or other practical tools to guide Council of Europe Member

States and other stakeholders in these areas.

The EU strategy on the rights of the child states that

data collection

of children involved in

judicial proceedings, including in the context of specialised courts, should be improved.

304

305

European Barnahus Network.

The Barnahus Quality Standards,

see note 306 p. 52.

306

Barnahus: a European journey,

see note 307 p. 53.

307

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

308

European Commission, Annex to the Commission Implementing Decision on the financing of the Justice Programme and

the adoption of the multi-annual work programme for 2023-2024, C(2022) 8467 final, 25 November 2022, p. 33.

309

It will help to develop child-friendly frameworks, strengthening capacities of specialised staff so that they are able to use

child-friendly procedures, and raise awareness of children in contact with the law and their parents on children’s rights before,

during and after judicial proceedings.

310

Council of Europe,

Feasibility study on a legal instrument on the protection of the best interests of the child in situations of

parental separation,

2021; Council of Europe,

Feasibility study of a legal instrument on the protection of the best interests of

the child in domestic law proceedings by public authorities to limit parental responsibilities or place a child in care,

2021.

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On non-legislative measures, the

EU Justice Scoreboard

311

presents an annual overview of

indicators on the efficiency, quality and independence of justice systems. The 2023 EU Justice

Scoreboard provides an overview of selected measures that Member States have in place to

ensure child-friendly justice systems

312

. Overall, the situation appears to have improved

compared to 2021. In total, 17 Member States are now reported to: (i) provide for the possibility

of audiovisual recording of children being questioned; (ii) ensure child-friendly settings and

the effective participation of children in hearings; (iii) provide information in a child-friendly

way; and (iv) arrange for children to be assisted by a lawyer. Despite these reported

improvements, especially with regards to legal assistance for children, there are still fewer

specific safeguards available for children involved in proceedings as suspects or accused

persons than there are for children who are involved in proceedings as victims.

The EU’s

e-justice portal

provides information in 23 languages on justice systems to improve

access to justice throughout the EU. In addition, the European Judicial Network in civil and

commercial matters (EJN-civil)

313

facilitates the networking of judicial authorities in EU

countries in order to improve judicial cooperation and seek practical solutions in cross-border

cases. Furthermore, the European Judicial Network (EJN) is a network of Member State contact

points who help to facilitate judicial cooperation in criminal matters

314

. Eurojust the European

Union Agency for Criminal Justice Cooperation, is a hub, where national judicial authorities

work closely together to fight serious organised cross-border crime

315

Additionally, the European Commission’s

justice programme

316

provides funding

opportunities for stakeholders working to protect children and their rights in the area of justice.

The justice programme holds an annual call for proposals for action grants to support

transnational projects on judicial training covering civil law, criminal law or fundamental rights

(JUST-JTRA). These calls for proposals include funding possibilities for training justice

professionals on child-friendly justice in line with the EU strategy on the rights of the child,

and also for ensuring integrated child protection systems. Furthermore, the calls for proposals

on judicial cooperation in civil matters can fund projects seeking to improve the situation of

children involved in civil cases. Funding is also provided to stakeholders for action to: (i)

support the implementation of the EU

acquis

on victims’ rights and the procedural rights of

suspects and accused persons (JUST-JCAA); and (ii) promote judicial cooperation in civil and

criminal matters (JUST-JCOO).

Under the EU strategy on victims’ rights, the Commission’s ‘Eyes

open’ campaign on

victims’ rights

317

raises awareness about victims’ rights and promotes specialist support and

protection for victims with specific needs, such as child victims of crime.

2.2.3 Medical support, including on mental health

Children feel safer in health institutions when the premises and space are well-

maintained, child-friendly and bright.

‘Children

should be informed about the process and

311

312

EU Justice Scoreboard.

2023 EU Justice Scoreboard, Figure 31.

313

European Judicial Network in civil and commercial matters.

314

European Judicial Network in criminal matters.

315

European Union Agency for Criminal Justice Cooperation (Eurojust).

316

Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice

Programme and repealing Regulation (EU) No 1382/2013, OJ L 156, 5 May 2021, 21–38.

317

Keep your eyes open to the different forms of violence.

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the method of treatment that is true and adapted to the child’. (16-year-old girl from Croatia).

The links between mental health services, substance abuse treatment, and child protection

services should be strengthened. BPtK points out that therapeutic and rehabilitative facilities

where children and adolescents are cared must have an effective child protection approach in

place (Bundes-Psychotherapeuten Kammer). Doctors need of more coordination and protocols

on how to act when an episode of violence against children is spotted.

It was also reported that health services, including mental health support services, are

lacking human and financial resources.

The UN Committee on the Rights of the Child

notably reported a lack of investment in psychological services for children who are victims of

violence and neglect. Children wait a long time for a medical treatment which is not even

available to them if they live outside of the capital city and have not great financial power

(CNZD). The UN Committee on the Rights of the Child notably reported a lack of investment

in psychological services for children who are victims of violence and neglect. The

shortcoming of specialised doctors, as pedopsychiatrists terribly hinders the capacity of

adequately supporting children in need of medical assistance (Nexem). Moreover, many

children with chronic diseases do not have access to treatment due to lack of public funding

(‘We Give Children Strength’ Foundation). Spain also has approved a national strategy for

mental health that will require, as next steps, more investment in specialised resources for

children, and adolescents. ESCAP urges to increase subsidies for research funding on early

psychological interventions that can buffer the detrimental effects of child abuse on

psychopathology before the onset of psychiatric diagnosis; it could in parallel aid the finding

of effective early-mechanism-based interventions for childhood mistreatment (European

Society for Child and Adolescent Psychiatry).

World Health Organization (WHO) actively advances child protection through various

initiatives.

This includes a strategy document

318

outlining WHO Violence Prevention Unit’s

approach to violence prevention, the INSPIRE technical package

319

to support countries in their

efforts to prevent and respond to violence against children aged 0-17 years and active

involvement in the 1st Global Ministerial Conference on Ending Violence Against Children

320

WHO also provided guidelines for the health sector response to child maltreatment

321

and

supports recommendations for ending violence against children through health system

strengthening (the latter resulting from the 74th World Health Assembly)

322

. Additionally,

WHO has released the report ‘What

works to prevent online violence against children (VAC)’

which presented ways to keep children safe online and summarised the scientific literature on

current effective strategies and tools

323

. The report recommended implementing school-based

educational programmes which have multiple sessions, promoting interaction among young

people and engaging parents. Despite the closure of the EPIC platform

324

, which provided

extensive child protection data, WHO remains hopeful for future funding to continue such

essential efforts.

318

319

WHO,

WHO Violence Prevention Unit: approach, objectives and activities, 2022-2026,

2022.

WHO,

INSPIRE: Seven strategies for Ending Violence Against Children,

2016.

320

WHO,

1st Global Ministerial Conference on Ending Violence Against Children.

321

WHO,

WHO Guidelines for the health sector response to child maltreatment,

2019.

322

Seventy-Fourth World Health Assembly – Agenda item 23: Ending violence against children through health systems

strengthening and multisectoral approaches,

WHA74.17,

31 May 2021.

323

WHO,

What works to prevent online violence against children?,

2022.

324

European Platform for Investing in Children (EPIC).

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The Communication on a comprehensive approach to mental health indicates childhood

as a crucial stage in mental health that requires special prevention, protection and

support.

Particularly, it has a dedicated chapter on boosting the mental health of children and

young people composed of four flagship initiatives (a child/youth network on mental health, a

disease prevention toolkit addressing health determinants, tools for a healthy lifestyle and

mental health resilience and better protection for children in the digital sphere, online and on

social media). A call for best and promising practices on mental health, including on children

and young people, was launched after the adoption of the Communication on mental health.

(see also

infra,

1.5 on mental health)

Furthermore, the

European Child Guarantee

recommends Member States to facilitate early

detection and treatment of diseases and developmental problems, including those related to

mental health. The European Child Guarantee also encourages Member States to ease the

implementation of accessible health promotion and disease prevention programmes targeting

children in need and recommends to guarantee effective access of these children to healthy

nutrition. This must include effective safeguards against marketing of tobacco and emerging

products, alcohol and unhealthy food, as well as support to choose healthier options. The latter

is achievable supporting the access to healthy meals and restricting the availability of unhealthy

food in educational establishments, as well as through adequate information to children and

families on healthy nutrition.

Under the

CERV programme,

a 2024 call for proposals on the rights of the child and children

participation will support notably projects that look at the causes and consequences of mental

health issues amongst children, focusing on the dimension of prevention, protection and

support to children with mental health issues in a multidisciplinary approach.

The Commission’s

Technical Support Instrument,

in collaboration with UNICEF, is

supporting a multi-country project involving Slovenia, Italy, Cyprus and the regional authority

of Andalusia with the aim to strengthen the mental health and care of vulnerable children and

young people.

The

Europe’s Beating Cancer Plan

325

looks at promoting the good practices in the fields of

healthy nutrition, physical activity and mental health among children. It addresses childhood

obesity, regulating unhealthy food marketing to children, improving cancer diagnosis and

treatment, and providing support programs for young cancer survivors. The Plan also prioritises

measures to protect children from harmful environmental factors and carcinogens. As part of

this Plan, the Commission has adopted a proposal for a Council Recommendation on vaccine-

preventable cancers on the 31st of January 2024 to support Member States in addressing the

cancer risks related to infection by human papillomaviruses and the hepatitis B virus.

Regarding human papillomaviruses, the initiative aims to support Member States in increasing

vaccination uptake for both girls and boys. The Commission is working on a proposal to revise

the 2009 Council Recommendation on

smoke-free environments

with the aim of better

protecting people, in particular children and adolescents, from the harmful exposure to second-

hand smoke and second-hand aerosols, to de-normalise the use of traditional tobacco and

emerging products among the younger generation and with the overall aim of achieving a

Tobacco-free Generation in the European Union.

325

Communication from the Commission to the European Parliament and the Council Europe's Beating Cancer Plan,

COM/2021/44 final, 3 February 2021. See also,

Europe's Beating Cancer Plan: A new EU approach to prevention, treatment

and care.

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The

Farm to Fork Strategy

326

outlines a set of actions to help consumers to choose sustainable

diets that promote their health and well-being while also reducing healthcare costs, such as the

revision of the EU school fruit, vegetables and milk scheme, which aims to improve children’s

access to healthy products and increase their understanding of the benefits of healthy food.

2.2.4 Comprehensive social support

Social services play a vital role in supporting disadvantaged children and families.

This

support encompasses the improvement of parenting skills, child protection, establishment of

alternative care arrangements, and assistance for vulnerable children in their educational

endeavours (European Social Network). For this reason, stakeholders recommend that social

workers are

properly trained

to address children’s difficulties of various traumatic origin and

that public social services are

accessible

to all children and specifically for the most vulnerable

children and their families (European Social Network, Women’s Aid). The mental health of

caseworkers also requires special safeguards, with respondents referring to the Anna Freud

Centre’s AMBIT empathic approach (New Bulgarian University).

As an initiative of the Sofia Municipality, in Bulgaria, where since 2019 Concordia Bulgaria

is running a shelter for children who have suffered from violence, ‘Svetlina’ (Light). It is

intended for children aged between 3 and 18 years who are victims of various forms of

violence. Children are accommodated for a period of up to 6 months, assisted by a team of

specialists which support their individualised needs and provided with safety with the final aim

to break the cycle of violence by promoting positive relationships (Eurochild).

The European Child Guarantee, together with the European care strategy

327

form a

comprehensive EU policy framework to protect the rights of all children and secure access to

basic services for children in vulnerable situations or from disadvantaged backgrounds.

Under the

European Child Guarantee,

Member States are recommended to ensure adequate

policies and resources, including through labour market integration measures, support

measures for parents or guardians and income support to families and households, so that

financial and territorial barriers do not prevent children including those living in remote and

rural areas from accessing quality services.

Actions launched under the

European care strategy

will support the development of the

workforce in the care sector, improving working conditions, wages and career perspectives of

carers

328

. The strategy also promotes the opportunities available at EU level to support

capacity-building, for instance under Erasmus+, which can notably support the necessary

training and capacity building for the shift in service delivery from institutional to person-

centred, community-based inclusive services.

326

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food

system, COM/2020/381 final, 20 May 2020.

327

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions on the European Care Strategy (European care strategy), COM/2022/440 final,

7 September 2022.

328

For example, the Commission Decision setting up the European Sectoral Social Dialogue Committee on Social Services,

C(2023) 4573 final, 10 July 2023.

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2.2.5 Children in alternative care

According to the data collected for the DataCare project

329

(finalised in 2021) and the EU

monitoring framework for the European Child Guarantee

330

(published in 2023), around

750 000 children are estimated to be in alternative care in the EU. The data also shows that

around 40% of children in alternative care are in residential care.

Preventing family separation

(see also Section 1.1.1)

Article 24 of the EU Charter stipulates that ‘every

child shall have the right to maintain on

a regular basis a personal relationship and direct contact with both his or her parents,

unless that is contrary to his or her interests’. According to Article 33 of the EU Charter, the

family enjoys legal, economic and social protection.

The

UN Convention on the Rights of Persons with Disabilities

(UNCRPD, Article 23)

stresses the

equal rights of children with disabilities with respect to family life and calls

for early, comprehensive support for children with disabilities

to prevent their concealment,

abandonment, neglect and segregation. According to General Comment No. 5 of the UN

Committee on the Rights of Persons with Disabilities (CRPD),

community-based support

crucial to prevent institutionalisation and financial strain on families of persons with

disabilities

331

. Other General Comments of the CRPD are also relevant to the equal rights of

children with disabilities, such as General Comment No. 4 on inclusive education

332

The rights enshrined as described above are essential to prevent children from being taken away

from their families and institutionalised, to support families community, and to ensure that

children are not taken away from their parents because of a disability

333

. Furthermore, the UN

Guidelines for the Alternative Care of Children aim to bolster the implementation of relevant

international instruments for the protection and well-being of children deprived of parental care

or at risk

334

Children consulted for the purposes of this Recommendation, notably children with experience

of alternative care, suggested that

biological families should be supported and monitored

with a view to preventing abuse and neglect. Stakeholders consider better support for

families to be a priority with a view to preventing unnecessary separations.

Once involved in child protection intervention measures, parents and families need to learn to

navigate the system, often when they are in the difficult position of being seen as a risk to the

children (point made by ATD Fourth World FR). It is crucial to promote a general stance that

avoids the stigmatisation of parents actively pursuing psychiatric care (this view was put

forward by ATD Fourth World BE and Wallonia-Brussels).

329

UNICEF and Eurochild,

Better data for better child protection systems in Europe: Mapping how data on children in

alternative care are collected, analysed and published across 28 European countries,

2021.

330

The European Child Guarantee has a new framework to better monitor children's access to education, healthcare and housing

conditions.

331

Violence against children with disabilities: legislation, policies and programmes in the EU,

see note 178 p. 30.

332

CRPD General Comment No. 4 on Article 24 - the right to inclusive education, 2016.

333

Paragraph 88 of

CRPD General Comment (GC) No. 5 on Article 19 - the right to live independently and be included in the

community, 2017.

334

United Nations,

Guidelines for the Alternative Care of Children: resolution / adopted by the General Assembly,

2010.

c (2024) 2680 - Ingen titel

Stakeholders (notably SOS Children’s Village International) recommend calling on Member

States to provide families with universal and targeted social services and psychosocial support

such as life and parenting skills programmes. In the Wallonia-Brussels Federation, the Agora

group brings together youth workers, people experiencing poverty, and associations once a

month to evaluate decrees, avoid poverty placements and preserve the parent-child relationship

(point made by ATD Fourth World BE and the Wallonia-Brussels region). However, although

the lack of adequate housing is one of the factors leading to child separation, little is done to

support family living conditions (view expressed by ATD Fourth World BE and Wallonia-

Brussels region).

As stated in the

EU strategy on the rights of the child,

every child has the right to an adequate

standard of living and to equal opportunities from the earliest stage of life. The EU Strategy

states that all children, including those with disabilities and from disadvantaged groups, have

an equal right to live with their families and in a community. Integrated child protection

systems, including effective prevention, early intervention and family support, should provide

children without - or at risk of losing - parental care with the necessary conditions to prevent

family separation. Poverty should never be the only reason for placing children in care. The

2021-2030 Strategy for the rights of persons with disabilities

points to the insufficient

provision of community-based services, housing and technical aid, as well as limited support

for families.

The provision of adequate housing and ensuring that children and their families receive

adequate temporary accommodation are important mechanisms for tackling social exclusion of

children and minimising the risk of homelessness, which is also promoted by the

European

Child Guarantee.

Strengthening the socio-economic inclusion of children is essential to

prevent intergenerational transfer of poverty and disadvantage. Furthermore, children in

alternative, especially institutional, care are one of the groups, whose specific disadvantages

should be taken into account by the Member States while designing national support measures.

Through ESF+, Estonia has, for instance, planned to develop parental skills programmes,

including the development and establishment of community-based prevention and family work

centres; support for children with trauma experience and complex problems; and the

development of alternative care and support for the transition of child protection to a new case-

management model. The total cost of the activities is estimated at around EUR 42 million.

Transiting towards alternative care

Several children consulted, who experienced violence, abuse and/or neglect, felt safer in the

alternative care settings than in their biological family homes. However, they also called for

continuity of care between home and professional services

and pointed out that this support

should also include

protection from other adults and children

335

. Children with experience

of alternative care (from Croatia) felt that police officers and social workers kept them safe by

‘really listening to them’ and taking them seriously, and by acting on what they heard to move

them to a safer place. Teachers should also work closely with social workers and other

professionals helping children transition to new placements. Children consulted (from

Hungary) who had been abused in their families of origin or at previous placements referred to

the advantages of living with their current foster families for their own safety. However,

children risk remaining in unsettled family circumstances because institutions are full and

Raising Our Voices - Children’s Conclusions and Recommendations to the Spanish Presidency of the Council of the

European Union,

see note 217 p. 35.

335

c (2024) 2680 - Ingen titel

overcrowded and

the non-institutional system

that should have accepted them (e.g. foster

care) have

insufficient capacity.

(This was pointed out by CNZD.)

Ensuring well-being and quality control in alternative care

Children in alternative care are one of the groups most likely to have either been exposed

to or witnessed violence in their families or communities, with the result that they are

more likely to find themselves in similar episodes of violence,

including from or towards

their peers (view expressed by SOS Children’s Village International). They also showed an

increased likelihood of becoming victims of

discrimination and bullying,

notably at school.

German children consulted said that ‘Children run the risk of being outed as children from the

SOS children’s village.’ A 15-year-old boy from Hungary said ‘It’s sad and doesn’t make any

sense that teachers treat differently children who are in alternative care compared to normal

kids. We should be treated the same. We are the same, not any less.’ Roma children from

Hungary said that teachers should have a trauma-informed approach, especially towards

children in alternative care or who are at risk of losing parental care, and should ‘see the reasons

behind the child’s behaviour’.

An atmosphere of calm, being listened to and being provided with a private space were noted

as factors contributing to

making children feel safe in alternative care settings.

Children

also noted that emotional bonds with foster parents contributed to their sense of security.

Member States should provide mental health and psychosocial support for children in

alternative care, as children might continue to suffer from their traumatising experience of

violence and, additionally, of being separated from their family.

The quality of care and providing children with the most suitable form of alternative care

according to their individual needs and best interests play a significant role in a child’s risk of

experiencing violence in alternative care. Specific support should ensure the capacity of

Member State competent authorities to monitor the

quality of alternative care

provision (view

expressed by SOS Children’s Villages International). For children with disabilities, qualified

staff or a support network which must be operated and coordinated are a rarity (pointed out by

the Human Rights Educators Network). Adequate systems must be developed to prevent and

report bullying.

EU Member States should establish

specific laws or strengthen national legislation

prohibiting all forms of violence against children in alternative care (opinion advanced by SOS

Children’s Villages International).

Stakeholders (Tusla and SOS Children’s Villages International) encourage Member States to

ensure that effective

complaint mechanisms

are available for children in alternative care,

including legal assistance. Specific support should be put in place to support children with

disabilities in accessing complaints mechanisms. Further, there should be mechanisms for

monitoring service providers, adopting measures to protect persons with disabilities from being

hidden in the family or isolated in institutions and children from being abandoned or

institutionalised on the grounds of disability. Appropriate mechanisms should also be adopted

to detect situations of violence by third parties against persons with disabilities

336

Paragraph

52 of CRPD General Comment (GC) No. 5, see note 339 p. 59.

c (2024) 2680 - Ingen titel

A total of 19 Member States have specific provisions on the

rights of children in alternative

care to lodge complaints,

but children are not always adequately and systematically informed

about those rights

337

In Cyprus, children placed in alternative care are, for instance, informed of their rights and of

the procedure for filing complaints. State institutions have complaint boxes in which children

can submit their complaints, anonymously if they wish

338

Trauma-informed practices

are considered crucial in the context of alternative care; they

provide professionals with the tools and knowledge required to understand how adverse

childhood experiences, such as exposure to violence, can impact a child’s development, and

can enable them to help children overcome the effects of trauma. The Happy Kids Foundation

is creating a professional empowerment programme for young people living in the foundation's

family homes.

Transiting from alternative care to adulthood

Stakeholders report that assistance for adolescents leaving alternative care to live

independently is not sufficient, putting them at risk of ending up on the streets

(ISPCC,

Zagreb City Assembly, Latvian Child Welfare Network, ATD Fourth World BE and Wallonia-

Brussels). In Belgium, 24.2% of homeless young people aged 18-25 had just left institutions

339

Children with disabilities growing up in institutions risk remaining in institutional care as adults

owing to lack of community-based services and support

340

. Moreover, receiving support

beyond the age of 18 requires more efforts (opinion advanced by the Ministry of Social Affairs

Saxony). Many young people are left on their own, especially if contact with their family was

severed during childhood without preparation for return (this point was made by ATD Fourth

World BE and Wallonia-Brussels). Going back to live with their family also poses problems

for young people leaving institutions, as the family would lose part of their social allowance if

the young person also received a social allowance.

All this underscores the need for

comprehensive support and preparation programmes

national level to assist young adults in the process of transitioning out of the care system

(argument made by SOS Children’s Village Spain, Hope and Homes for Children, and Platform

for Children). More investments are also crucial (pointed out by SOS Children's Villages

Spain). In Spain, Autonomous Communities help young people leaving alternative care to live

independently, but inequalities were reported, as the support is delegated to private bodies

offering different types of assistance.

The European Child Guarantee underlines that providing support to children who leave

institutional or foster care is also crucial to support their independent living and social

integration.

337

338

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

FRA,

Towards integrated child protection systems: Mapping child protection systems in the EU-

Cyprus Country report,

2023.

339

Fondation Roi Baudouin,

ZOOM! Focus sur les jeunes adultes (18-25 ans) sans-abri et sans chez-soi,

2022.

340

FRA,

From institutions to community living for persons with disabilities: perspectives from the ground,

2018.

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2.2.6 Deinstitutionalisation and the transition towards quality family- and community-based

care services

Transiting towards deinstitutionalisation as a policy objective

It is estimated that nearly 40% of children in alternative care in the EU are still in residential

care, living in large institutions

341

The

UN Committee on the Rights of the Child

calls for support for the development and

implementation of community-based services with a view to making institutionalisation a last

resort, and only if it is in the best interest of the child

342

. Further, the UN Committee on the

Rights of the Child has expressed its concern at the high number of children with disabilities

placed in institutions and has urged States parties to support, through deinstitutionalisation

programmes, the ability of children with disabilities to live with their family, with extended

family or in foster care

343

. The

UN Guidelines for the Alternative Care of Children

344

could

serve as guidance (view expressed by SOS Children’s Village Spain and Platform for

Children).

The

UN Convention on the Rights of Persons with Disabilities

(Article 19) stresses the right

of all persons with disabilities, including children, to independent living and access to

community-based support, including community services and facilities available to the general

population.

Further to its provisions on the equal rights of children with disabilities, the Committee on the

Rights of Persons with Disabilities clarifies in its General Comment No. 5 that for children, the

core of the right to live independently and be included in the community entails a right to grow

up in a family and that large or small group homes are especially dangerous for children, for

whom there is no substitute for the need to grow up with a family. It also clarifies that ‘family-

like’ institutions are still institutions and are no substitute for care by a family

345

The 2022 UN Guidelines on deinstitutionalisation

346

recommend developing access to support

services in the community, including personal assistance and peer support; making accessible

information available to families and children; and training child protection professionals on

the human rights model of disability. These are key interventions to prevent the

institutionalisation of children with disabilities. The guidelines further clarify that ‘a healthy

living arrangement (for children in alternative care) should allow a child to establish a stable

relationship with a committed adult caregiver, and every effort should be made to avoid

multiple placements of children who do not live with their family of origin’.

In the

EU strategy on the rights of the child,

the Commission invites Member States ‘to

improve the functioning of child protection systems at national level, in particular to promote

national strategies and programmes to speed up de-institutionalisation and the transition

towards quality family- and community-based care services including with an adequate focus

on preparing children to leave care, including for unaccompanied migrant children’. In the

strategy for the rights of persons with disabilities,

the Commission also calls on Member

341

342

UNCRPD, see note 20 p. 6.

Paragraphs 3(g), 46 and 47, and para UNCRC GC No. 13, see note 19 p. 5.

343

Paragraph 47 of

UNCRC General Comment No. 9 on the rights of children with disabilities, 2006

344

Guidelines for the Alternative Care of Children, see note 340 p. 59.

345

Paragraph 16(c) of CRPD GC No. 5, see note 339 p. 59.

346

Guidelines on deinstitutionalisation, including in emergencies, see note 22, p. 6.

c (2024) 2680 - Ingen titel

States ‘to implement good practices of deinstitutionalisation in the area of mental health and in

respect of all persons with disabilities, including children, to strengthen the transition from

institutional care to services providing support in the community’. The

European Child

Guarantee

also recommends the ‘de-institutionalisation of children, and [of] quality

community-based or family-based care. Placing children in institutional care should be done

only when it is in the best interest of the child, taking into account the child’s overall situation

and considering the child’s individual needs. Providing support to children who leave

institutional or foster care is crucial to support their independent living and social integration.’

Child institutionalisation deprives children of stable, continuous and loving family care and

may consequently cause lifelong harm (opinion advanced by Hope and Homes for Children).

Analyses show that institutionalisation also harms children's socio-emotional development and

mental health, and children's ability to form attachments, with additional risks of intersectional

discrimination (e.g., based on gender, disabilities, ethnicity and migration status)

347

. In Spain,

in 2021, 75% of children and adolescents who entered the protection system went directly into

institutional-type residential care (feedback from Platform for Children). Institutionalisation of

children with disabilities significantly increases their risk of abuse and severe disciplining,

including corporal punishment and restraint, as well as cases of forced sterilisation, which it is

still legal to inflict upon children in three EU Member States (as pointed out by Autism Europe,

European Disability Forum)

348

. In addition, growing up in an institution can have an impact on

a child with disabilities well into their adult life and educational path (view expressed by

Autism Europe and European Disability Forum). Even children in foster care, despite State

support for foster care facilities, do not receive sufficient medical care, in particular for mental

health or in terms of specialist appointments (view expressed by Happy Kids Foundation).

Abusive placements of autistic children in the child protection system still occur due to a lack

of understanding of autism and how it manifests.

Progress needs to be made as regards the transition from institutional to community and

family-based care (a process called deinstitutionalisation) in all EU Member States,

with

the focus on

building the capabilities and resilience of families and communities,

where

children can be given support and quality services to develop freely and be educated in

inclusive mainstream settings adapted to their needs (view expressed by SOS Children’s

Village International, European Disability Forum, Hope and Homes for Children, Platform for

Children, and We Give Children Strength Foundation)

349

. Respondents stressed the need for

monitoring of transition developments and specific data on children in institutions. An

intersectional approach is also necessary to identify and address multiple vulnerabilities

simultaneously (as noted by Hope and Homes for Children).

Children also suggested that when placing

children in foster families,

children’s physical and

psychological safety should always be a priority. Respondents also pointed to the importance

vetting procedures

(also see Section3.5) and to the critical

lack of available foster

families. Siblings should be kept together

to preserve family bonds.

See also Van IJzendoorn, M.H., Bakermans-Kranenburg, M.J. et al, ‘Institutionalisation

and deinstitutionalisation of

children 1: a systematic and integrative review of evidence regarding effects on development’, The Lancet Psychiatry,

Vol.

7(8), 2020

348

See also,

UNCRC

General comment no. 5 on general measures of implementation of the CRC,

2003.

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

413

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

414

Departmental Council of Yvelines (FR), Spanish Ministry of Justice, Teleorman County Council (RO), Zagreb City

Assembly (HR), State Agency for Child Protection of Bulgaria, Foster care and adoption service of Valencia (ES), Ministry of

Social Affairs. Saxony (DE), Ministry of Welfare of the Republic of Latvia, Provincial immigration and border department of

Spain, Child and Family (Tusla)Agency of Ireland, General Hospital of Grevena (EL), Social Welfare Directorate of Mizil

(RO), Municipality of Băicoi (RO), Intelligence Centre against Terrorism and Organised Crime of Spain, General Directorate

of Social Assistance and Child Protection of Suceava (RO).

415

For reference on Child Rights Schools, see UNICEF,

What are Child Rights Schools? UNICEF National Committees in

Austria, France, Germany, Iceland, Ireland and Portugal share their experiences and lessons learned.

c (2024) 2680 - Ingen titel

Handbook on European law

relating to the rights of the child

416

also designed for non-

specialist legal professionals, judges, public prosecutors, child protection authorities and other

practitioners and organisations responsible for ensuring the legal protection of the rights of the

child.

3.11

Stakeholders’ recommendations on possible future EU supporting tools

Children recommend the EU to prioritise certain topic to improve children’s lives of future

opportunities, specifically education, mental health, addressing bullying and violence against

children, more job or study opportunities and addressing war and conflict

417

Stakeholders consider it of paramount importance to receive further support from the

European Union

in the following areas: (i) legislation and policy to help Member States and

other stakeholders strengthen child protection systems; (ii) providing financial support to

strengthen integrated child protection systems and training to different stakeholders and

professionals; (iii) providing guidance and resources on how to ensure strong and integrated

child protection systems; (iv) enabling the exchange of best practices among EU Member

States and other stakeholders on EU, national, regional or local level; (v) providing technical

support in assessing, analysing and improving national child protection systems so that they

work in a more integrated way, assisting public authorities with the monitoring and assessment

of these systems; and, lastly, (vi) supporting mapping and reporting on progress

418

Examples may include

fostering a space for dialogue and knowledge exchange among child

protection professionals,

utilising various tools such as research, study visits, peer learning,

seminars and conferences (suggestions by the European Social Network). Respondents flag

that the establishment of

European standards at all levels for cross-sectoral work and

supervision

would facilitate common knowledge among professionals to implement an

integrated approach (recommendation by Know-how Centre for Alternative Care for Children

at New Bulgarian University).

The UN Committee on the Rights of the Child urges States parties to invest

internationally in key areas so as

to meet their obligations under Article 19. This includes

developing programmes and opportunities to enhance communication, cooperation and

exchange among child protection professionals within and between EU Member States

419

Furthermore, fostering the systematic sharing of information, best practices and training

through a dedicated platform is essential

420

The work and monitoring done for the implementation of the

EU Child Guarantee

could

inspire development in the field of child protection with the request for national action plans,

the appointment of a national coordinating team in each country and the organisation of

exchanges between each coordinating team. Such teams could include representatives of each

major stakeholder such as the state, judicial system, local authorities, social

416

417

FRA,

Handbook on European law relating to the rights of the child,

2022.

Our Rights. Our Future. The Europe We Want.,

see note 42 p 9.

418

Feedback received, among many, by International Movement All Together in Dignity - ATD Fourth World, Happy Kids

Foundation, 'Hope For Children' CRC Policy Center, ISPCC, Spanish Ministry of Justice, Latvian Child Welfare Network,

General Directorate of Families, Children and Conciliation of Spain, Teleorman County Council (RO), Zagreb City Assembly

(HR), APAV - Portuguese Association for Victim Support, Ministry of Welfare of the Republic of Latvia, General Hospital of

Grevena (EL).

419

Paragraph 75(a) of UNCRC GC No. 13, see note 19 p. 5.

420

Paragraph 74 of UNCRC GC No. 13, see note 19 p. 5.

c (2024) 2680 - Ingen titel

work/professionals, organised civil society, children and youth concerned, and parents (view

expressed by ATD Fourth World FR).

To facilitate navigating different programmes, the Commission has put in place a single

gateway for

Union funds

and enables users to find relevant funding opportunities

421

Beneficiaries of Union funding are obliged to respect Union values, principles, applicable law

and contractual provisions when implementing such funding. The Commission has

implemented measures to support compliance and address possible violations. Moreover, for

the EU funds covered by the Common Provisions Regulation

422

, Member States are required

to fulfil the horizontal enabling conditions on the Charter of Fundamental Rights of the

European Union (the Charter) as well as on the UN Convention on the Rights of Persons with

Disabilities (UNCRPD).

EU-funded projects involving activities with children

raises additional issues, as they may

be less aware of the risks and consequences of their participation. For this reason, specific

provisions must be respected. Firstly, activities involving children should be carried out only

if (i) studies with consenting adults would not be effective; (ii) participants are subject to only

a minimal risk and burden; and (iii) results of the research will benefit the individual or group

represented by the participant. If the project activity includes children, an active relationship

with their legal guardians or carers must have an active relationship with the EU projects

beneficiaries and be able to monitor the activity. Secondly, parents or legally authorised

representatives need to provide consent on behalf of children whose assent should also be

obtained, when possible. In any case, dissent of the children should be respected

423

. Lastly, any

project or research-related information addressed to children must be in age-appropriate and

plain language in order to be easily understandable. All projects should also apply the principle

of protection by design to research data concerning children and minimise the collection and

processing of their data as far as possible

424

4. Children in specific vulnerable situations or subject to discrimination, and in cross-

border situations

4.1 Children in vulnerable situations or subject to discrimination

Respondents (indicated in brackets in this paragraph) identified some groups of children

as particularly vulnerable and in need of specific protection,

notably children with drug or

alcohol addictions (Tusla), victims of trafficking (Ministry of Social Affairs Saxony),

belonging to minority ethnic groups (provincial immigration and border department of Spain),

with a migrant background, with disabilities (Teleorman County Council), with mental health

disorders (State Agency for Child Protection of Bulgaria) and belonging to the LGBTQI+

community (Intelligence Centre against Terrorism and Organised Crime of Spain).

intersectionality approach should be the aim when putting in place protection systems

421

European Commissione - Funding & tenders.

(EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions

on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund

and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and

Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy,

OJ L 231, 30 June 2021, 159–706.

423

European Commission,

EU grants – how to complete your ethics self-assessment,

2021 (pp. 9, 11).

424

European Commission,

Ethics and data protection,

2021 (Section VI).

422

Regulation

c (2024) 2680 - Ingen titel

(DCI Belgium). Moreover, stakeholders call on Member States to ensure that professionals are

properly trained to recognise signs of violence against children with specific vulnerabilities

and know how to address the situation.

4.1.1 Children with disability

(see also Sections 1.7, 2.2.5 and 2.2.6)

Stakeholders (indicated in brackets in this paragraph) flagged numerous issues that

children with disabilities or in vulnerable situations may face:

sense of insecurity and risk

of violence (PICUM), lack of or inadequate reporting mechanism (PICUM, European

Disability Forum), insufficient collection of data (PICUM, Missing Children, Hope and Homes

for Children), isolation due to unequal geographical distribution of child protection services

(Eurochild, Platform for Children). Various forms of violence occurring within school walls

are more prevalent among children with disabilities, who may encounter difficulties in

reporting such instances, with potential threats to their psychological and mental growth (The

Central Union for Child Welfare, Eurochild, Autism Europe, European Disability Forum)

425

Children with disabilities are often placed in public youth protection institutions instead of

adapted structures (DCI Belgium).

The interconnection between disability and family in precarious situations needs to be

addressed by specific and effective strategies

(European Disability Forum, Hope and Homes

for Children). Member States should combat child and family poverty at an early stage, with

individual support (Caritas) and ensure adequate and fully paid access to parental leave,

regardless of length of time worked before (FAFCE). As children with disabilities are more

likely to be bullied, adequate systems must be developed to report bullying episodes and to

train children themselves to recognise threats (Autism Europe).

There is a need to facilitate interchange trainings of professionals and peers as well as

prevention measures for children with disabilities

(Autism Europe)

426

The

EU strategy for the rights of persons with disabilities

provides a roadmap to 2030 to

ensure that both children and adults with disabilities can fully and equally enjoy their rights

and participate in all areas of life throughout their lives, including the right to independent

living and non-discrimination.

4.1.2 LGBTIQ children

Consulted children complained that in some countries, some kinds of discrimination and abuse

against LGBTQI+ children are normalised, and they wanted this to stop.

LGBTIQ children

still face high rates of violence and discrimination across Europe.

As for trans children,

they may not be able to access legal gender recognition procedures or face stringent

requirements. This may prevent them from accessing gendered facilities that align with their

gender identity

427

. Intersex children, for their part, continue to be victims of invasive

See also Finnish Institute for Health and Welfare,

Well-being of children and young people – School Health Promotion

Study,

2023;

Finnish Institute for Health and Welfare,

Non-Violent Childhoods : Action Plan for the Prevention of Violence

against Children 2020–2025,

2020; and Elklit A. et al., ‘Physical

violence against children with disabilities: A Danish national

birth cohort prospective study‘,

European Journal of psychotraumatology,

vol. 14, 1, 2023.

426

See also González-Calatayud, V., Roman-García, M., and Prendes-Espinosa, P., ‘Knowledge

About Bullying by Young

Adults With Special Educational Needs With or Without Disabilities (SEN/D)’,

Frontiers in Psychology, 8 January 2021.

Laffan, D. A., Slonje, R., Ledwith, C., O’Reilly, C., Foody, M.,

Scoping Bullying and Cyberbullying Victimisation Among a

Sample of Gifted Adolescents in Ireland,

International Journal of Bullying Prevention, 30 June 2022.

427

European Commission,

Legal gender recognition in the EU: The journeys of trans people towards full equality,

2020.

425

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medicalisation without informed consent. According to the FRA LGBTI Survey, 62% of

intersex respondents and their parents were not asked for informed consent before a surgical

intervention, while 49% were not asked for their consent before a hormonal treatment

428

For LGBTIQ children and children of rainbow families, school can be a place of dread,

where they are at a very high risk of experiencing bullying.

According to a consulted child

from Romania, ‘LGBTQI+ children don’t feel safe at school often because teachers could

discriminate, or parents might find out and take bad measures and no one would protect them’.

According to civil society, 1 in 2 LGBTQ young people have experienced bullying in school

based on their sexual orientation, gender identity/expression or sex characteristics at least

once

429

Specifically, of all of respondents to the FRA LGBTI Survey aged 15 to 17, 47% have

experienced harassment due to be being LGBTI in the past 12 months. 51% of those have been

harassed by someone from school, college or university

430

. LGBTIQ children and children of

rainbow families are often vulnerable to stigmatisation, making them targets of discrimination

and bullying, which could negatively affect their educational performance and employment

prospects, their daily life, and their personal and family well-being. As shown by the FRA

LGBTI Survey, this can lead to school drop-out, with 15% of young people aged 15-17 having

considered leaving or changing their school because of their identity. The share is particularly

high for trans and intersex people of the same age group

431

These figures are particularly worrying considering that most students (58%) never

report these violent incidents,

according to civil society organisations. When asked about the

reasons behind this choice, many say that they fear that school staff would do nothing, or report

that school staff has not done anything on previous occasions

432

According to international institutions such as UNESCO

433

and the Council of Europe

434

comprehensive school approach is most effective in addressing and preventing violence

against LGBTIQ children.

As shown by the Special Eurobarometer on Discrimination, in a

majority of Member states, EU respondents seem to agree that school lessons and material

should include information about sexual orientation (71%). However, in four EU Member

States the share of those who agree is smaller than the share of those who disagree. Moreover,

in a majority of Member States, EU respondents seem also to agree that school lessons and

material should include information about gender identity (68%)

435

. Yet, as reported by civil

society, only 10 Member States have inclusive curricula in place, while some made it

impossible for teachers to talk about various issues of sexual orientation, gender identity and

expression, and sex characteristics. Civil society notices that this prevents LGBTIQ children

from receiving affirming information about their identities, bodies, and experiences, and

compounds violence and discrimination. Teacher training is inadequate and rarely mandatory,

which leaves teachers and school staff unable to prevent and address violence based on diverse

sexual orientations, gender identities and expressions, and sex characteristics

436

Intersections: The LGBTI Survey II – Youth Analysis,

see note 174 p. 30.

IGLYO,

LGBTQI Inclusive Education Report,

2022.

430

A long way to go for LGBTI equality,

see note 173 p. 29; See also,

FRA LGBTI Survey Data Explorer.

431

Intersections:

The LGBTI Survey II – Youth Analysis,

see note 184 p. 29.

432

IGLYO,

LGBTQI Inclusive Education Survey,

2019.

433

UNESCO,

Out in the open: education sector responses to violence based on sexual orientation or gender

identity/expression: summary report,

2016.

434

Council of Europe,

Safe at school: Education sector responses to violence based on sexual orientation, gender

identity/expression or sex characteristics in Europe,

2018.

435

Eurobarometer: Discrimination in the European Union, (April-May 2023).

436

LGBTQI Inclusive Education Report,

see note 438 p. 84.

428

429

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To address this issue, the

Expert Group on supportive learning environments for groups

at risk of underachievement and for supporting well-being at school

437

identified LGBTIQ

young people as one of its priority groups. Furthermore, a Eurydice report entitled

Promoting

diversity and inclusion in schools in Europe

438

includes a special focus on targeted measures

to support learners most likely to experience disadvantage and/or discrimination, including

LGBTIQ+ students.

In November 2022, the Commission organised a meeting of the LGBTIQ Equality Subgroup

around the topic of

accessible legal gender recognition legislation

based on the principle of

self-determination. A wide range of civil society and intergovernmental organisations

participated in the meeting. In addition, as announced in the

Gender Equality Strategy 2020-

2025

439

, the Commission is currently finalising a recommendation on harmful practices against

women and girls, based on input received during the consultation phase, including from

LGBTIQ stakeholders.

The

CERV programme

can fund projects addressing the issues faced by children who are

victims of or at risk of discrimination. Specifically, under this funding programme, the

Commission finances initiatives to advance the rights of LGBTIQ people, including children,

and combat harmful practices. In 2021-2022, under the CERV programme’s EQUAL call, the

Commission awarded EUR 2 million to 12 projects to promote the rights of LGBTIQ people.

EU funding also went to several projects addressing discrimination and violence, including

against LGBTIQ people, from an intersectional perspective.

More broadly, only 12 Member States have national strategies or action plans on LGBTIQ

equality in place

440

The LGBTIQ Equality Strategy 2020-2025

441

promotes an intersectional

approach and attention to most vulnerable groups, including LGBTIQ children and those part

of LGBTIQ or rainbow families, where one of the members is LGBTIQ. The Commission

encourages Member States to adopt national action plans and strategies to promote LGBTIQ

equality. These should build on the measures set out in the LGBTIQ Equality Strategy 2020-

2025, and supplement them with measures in areas of Member State competence, including

education. To support Member States in this work, the LGBTIQ Equality Subgroup produced

a set of guidelines for strategies and action plans to enhance LGBTIQ equality

442

4.1.3 Children in need under the European Child Guarantee

(see Sections 1.4.1, 2.1.1, 2.2.3, 2.2.4 and 2.2.5)

437

438

New expert group focuses on supporting well-being at school.

European Education and Culture Executive Agency,

Eurydice Comparative Reports - Promoting diversity and inclusion in

schools in Europe,

2023.

439

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions, A Union of Equality: Gender Equality Strategy 2020-2025, COM/2020/152

final, 5 March 2020.

440

European network of legal experts in gender equality and non-discrimination (ENLEGEND),

European equality law review,

2024.

441

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM/2020/698 final,

12 November 2020.

442

European Commission – LGBTIQ Equality Subgroup of the High-Level Group on non-discrimination, equality and

diversity,

Guidelines for Strategies and Action Plans to Enhance LGBTIQ Equality,

2022.

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Children who grow up in poverty or at-risk-of-poverty situations are much more likely

to experience family violence

(an argument made by Caritas)

443

. According to the latest data

from Eurostat (2022), 24.7% of children in the EU (approximately 20 million) are at risk of

poverty and social exclusion

444

. Particularly in the aftermath of the COVID-19 pandemic,

families are struggling to make ends meet, and their purchasing power has been radically

affected. According to Save the Children, the economic fallout of the COVID-19 Pandemic

has resulted in a 15% increase in household poverty around the world

445

. The cost-of-living

crisis – caused by a complex mix of factors including the economic impacts of the COVID-19

pandemic and the conflict in Ukraine – is exacerbating this critical situation. Families and

children in vulnerable situations are among those most exposed to the daunting impact of rising

inflation.

446

Integrated child protection measures are important means to help implement Principle 11 of

the

European Pillar of Social Rights

447

on affordable and good quality early childhood

education and care and Principle 17 on inclusion of people with disabilities. The

European

Child Guarantee

aims to prevent and combat social exclusion by guaranteeing effective

access of children in need to a set of key services. Member States are recommended to identify

these children in need, and within this group take into account specific disadvantages

experienced, in particular, by: (a) homeless children or children experiencing severe housing

deprivation; (b) children with disabilities; (c) children with mental health issues; (d) children

with a migrant background or minority ethnic origin, particularly Roma; (e) children in

alternative, especially institutional, care; and (f) children in precarious family situations

(including children living in households where there is substance abuse, or domestic violence).

They are also recommended to: (i) address the territorial dimension of social exclusion; (ii)

take measures to promote inclusion and to avoid and tackle discrimination and stigmatisation

of children in need; and (iii) take into account a gender perspective.

The

TSI

supports Member States in designing and implementing cross-sectoral structural

reforms tackling child poverty and social exclusion under the European Child Guarantee

flagship project, representing an overall budget of over EUR 7 million

448

. The fight against

child poverty and social exclusion is also supported by the

European Social Fund Plus

(ESF+),

with total expenditure programmed in Member States amounting to EUR 8.9 billion,

including a EUR 6.7 billion contribution from the EU budget. The European Regional

Development Fund and the

Recovery and Resilience Facility

offers additional EU funding

(See section 2.1.1).

443

Extensive academic research and findings are collected in Bywaters, P. & Skinner, G.,

The Relationship Between Poverty

and Child Abuse and Neglect: New Evidence,

Nuffield Foundation, March 2022.

444

Eurostat,

Children at risk of poverty or social exclusion,

2023. On this topic, see also Eurochild,

Poverty takes.away the

right to childhood - Children’s perceptions of poverty in 4 EU Member States,

2023.

445

See

Save the Children’s website;

Save the Children,

Guaranteeing Children’s Future: How COVID-19, cost-of-living and

climate crises affect children in poverty and what governments in Europe need to do,

2023. See also, Eurochild,

(In)visible

Children. Eurochild 2022 report on children in need across Europe.

446

Guaranteeing Children’s Future: How COVID-19, cost-of-living and climate crises affect children in poverty and what

governments in Europe need to do,

see note 451 p. 86.

447

Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 248, 13 Décember 2017, 10-15.

448

It offers technical support to 12 Member States (Portugal, Italy, Spain, Greece, Luxemburg, Romania, Austria, Ireland,

Slovakia, Czechia, Cyprus and France) with projects delivered, for example, in collaboration with UNICEF and the OECD. It

launched the Youth First flagship initiative in 2022 supporting seven Member States (Portugal, Cyprus, Spain, Slovenia, Italy,

Austria and Czechia) in the following areas: quality and equity of education systems, healthy nutrition, healthy lifestyle and

mental health, early childhood and care, and local implementation of the European Child Guarantee.

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4.1.4 Roma children

Many Roma children and young people do not enjoy equal access to mainstream services

due to poverty, social exclusion, discrimination and anti-gypsyism.

The FRA Roma Survey

2021 shows that 83% of Roma children are at risk of poverty, and only 44% of Roma children

aged 3 and up attend early childhood education and care, compared with 93% of children in

the general population. According to the same survey, only 27% of Roma people aged 20-24

have completed upper secondary education (compared with 84% in the general population),

and 56% of young Roma aged 16-24 are neither in employment nor in education or training

(NEET), which is five times the NEET rate in the general population (11%)

449

Surveys by FRA also show that segregation in education has persisted and even

deteriorated in recent years:

the rate of Roma children aged 6-15 attending schools where all

or most pupils are Roma has grown from 44% in 2016 to 52% in 2021, and in some Member

States, the figures are even higher (65% of Roma children in Slovakia, 64% in Bulgaria, 53%

in Croatia)

450

. In their action plans for the implementation of European Child Guarantee,

several Member States have included measures targeted principally at Roma children and

young people, including reproductive health education to prevent young pregnancies.

To address the specific needs and vulnerabilities of Roma children and young people, the EU

has set up the

Roma strategic framework for equality, inclusion and participation (2020-

2030)

451

, which is a direct implementation of the

EU anti-racism action plan

452

and the

European Pillar of Social Rights

453

. The

Council Recommendation on Roma equality,

inclusion and participation

454

sets out measures for Member States to take in order to meet

EU objectives, such as ensuring access to quality inclusive mainstream education and general

equality of opportunities for Roma people, particularly children. Additionally, it contains

measures to guarantee sustainable employment, quality healthcare and social services, and

adequate and desegregated housing, and to strengthen partnership and institutional capacity

455

449

450

Roma in 10 European countries, main results,

see note 189 p. 30.

Roma in 10 European countries, main results,

see note 189 p. 30.

451

Communication from the Commission to the European Parliament and the Council, A Union of equality: EU Roma strategic

framework for equality, inclusion and participation, COM/2020/620 final, 7 October 2020.

452

Communication from the Commission to the European Parliament and the Council, the European Economic and Social

Committee and the Committee of the Regions, A Union of equality: EU anti-racism action plan 2020-2025, COM/2020/565

final, 18 September 2020.

453

More info available on

The European Pillar of Social Rights Action Plan.

454

Council Recommendation on Roma equality, inclusion and participation, 2021/C 93/01, OJ C 93, 19. March 2021, 1.

455

Council Conclusions on measures to ensure equal access for Roma to adequate and desegregated housing, and to address

segregated settlements, 13167/23, 9 October 2023.

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4.1.5 Children facing discrimination based on religious grounds and racism

Children who witness acts of racism and experience self-censorship in disclosing their identity

are more likely to develop socio-emotional problems as they grow up than those who do not

(an argument made by the European Commission against Racism and Intolerance)

456

. Children

from racialised communities including children from Muslim communities or perceived as

such, may be unduly stigmatised and may have to live with the trauma of such stigma in later

life.

Of all young Jewish Europeans, 44% have experienced antisemitic harassment

457

. We have

seen an unprecedented rise of antisemitism in Europe since the terrorist attack by Hamas on

Israel on 7 October 2023. At European universities, antisemitic incidents have skyrocketed

458

Antisemitism led to the Holocaust. Currently, 1 European in 20 has never heard of the

Holocaust and less than half of Europeans think it is sufficiently taught in schools

459

. Education

can strengthen young people’s resilience to antisemitic ideas and ideologies and to all forms of

intolerance and discrimination. Teachers should be empowered to address antisemitism, the

Holocaust, and Jewish life and history, also in multicultural classrooms

460

4.1.6 Children with addictions

According to the WHO factsheet on adolescents health risks and solutions, alcohol

consumption among adolescents is a major concern in many countries and relates to risky

behaviours, accidents and injuries, violence, sexual abuse and other health and mental health

damages

461

. Even though the legal drinking age in most EU countries is 18, two thirds of

European adolescents report having drunk alcohol at least once in their life by age 15, and over

20% report having been drunk more than once in their life (2018 figures; this is a decrease in

comparison to previous years)

462

The EU strategy to support Member States in reducing alcohol-related harm

463

had a specific

focus on protecting young people and children. The joint action on reducing alcohol-related

harm (RARHA) co-funded by the third EU Health Programme collected and evaluated a

number of existing evidence-based good practices, and presented a tool kit for children and

adolescents, but also parents with alcohol problems.

The EU4Health programme funds various initiatives to address alcohol-related harm. In

particular, it supports a cooperation with the WHO to strengthen capacity building, awareness

raising and implementation of best practice in the EU. The annual work programme for 2024

456

European Commission against Racism and Intolerance (ECRI) and the Council of Europe,

CRI revised General Policy

Recommendation No. 5 on preventing and combating anti-Muslim racism and discrimination,

2021.

457

Young Jewish Europeans: perceptions and experiences of antisemitism,

see note 191 p. 30.

458

European Union of Jewish Students (EUJS),

Report – The Rise of Antisemitism at European Universities as a result of the

October 7 Massacre,

2024.

459

Two thirds of Europeans are convinced that commemorating the Holocaust helps ensure that such atrocities will never

happen again; see,

CNN Poll: Anti-Semitism in Europe – A shadow over Europe, 2018.

460

EU Strategy on Combating Antisemitism and Fostering Jewish Life, see note 193 p. 30.

461

WHO - Adolescent and young adult health.

462

As reported in

Health at a Glance: Europe 2020 : State of Health in the EU Cycle.

463

Communication from the Commission to the Council, the European Parliament, the European Economic and Social

Committee and the Committee of the Regions an EU strategy to support Member States in reducing alcohol related harm,

COM/2006/0625 final, 24 October 2006.

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announced two direct grants

464

to Member States and calls for proposals

465

in relation to health

promotion and prevention of non-communicable and communicable diseases, including

substance use disorders, and approaches to tackle harm due to smoking and the use of alcohol

and drugs.

4.1.7 Gender equality

The

Gender Equality Strategy

2020-2025 presents the Commission’s policy objectives and

measures to make significant progress towards a union of equality free from all forms of

violence against women and girls by 2025.

Furthermore, the EU’s accession to the

Council of Europe Convention on preventing and

combating violence against women and domestic violence

(the

‘Istanbul Convention’)

466

is a milestone in the EU’s commitment to stepping up action against gender-based violence

across Member States and in support of all victims of violence against women and domestic

violence. The EU signed the Istanbul Convention in June 2017, and the process was completed

with the deposit of two instruments of approval on 28 June 2023, triggering the entry into force

of the Convention for the EU on 1 October 2023. The EU is now bound by ambitious and

comprehensive standards to prevent and combat violence against women in the area of judicial

cooperation in criminal matters, asylum and non-refoulement, and with regard to its public

administration.

The provisionally agreed proposal for a directive on combating

violence against women and

domestic violence

asks Member States to provide children that might have witnessed violence

against women or domestic violence – or are themselves victims of violence against women or

domestic violence – with age-appropriate and holistic support.

The Commission provides dedicated financial support to prevent and combat violence against

children, gender-based violence against girls, and domestic violence, and to protect victims of

such violence under the Daphne strand of the Citizens, Equality, Rights and Values

Programme

467

Female genital mutilation (FGM)

Female genital mutilation comprises all procedures involving partial or total removal of the

female external genitalia or other injury to the female genital organs for non-medical reasons,

as defined by the WHO. It is a form of violence against women and girls and has severe lifelong

physical and psychological consequences. Over 230 million girls and women alive today

worldwide have been subjected to female genital mutilation (FGM), a figure on the rise despite

advancements in certain countries

468

. It is estimated that

over 600.000 women are living with

Direct grants to Member States’ authorities: Health promotion and disease prevention including smoke- and aerosol- free

environments (DP/CR-g-24-27). See also,

European Health and Digital Executive Agency (HaDEA) - Tentative calendar 2024:

Publication of open calls for proposals (grants).

465

Call for proposals on health promotion and prevention of non-communicable and communicable diseases, including

vaccine-preventable and other cancers caused by infections, and on smoke- and aerosol-free environments (DP/CR-g-24-29).

See HaDEA’s website, note 460.

466

Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul

Convention), 2011.

467

Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens,

Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the

Council and Council Regulation (EU) No 390/2014 (OJ

L 156, 5.5.2021).

468

UNICEF Female genital mutilation (FGM) data; FGM in Europe | End FGM.

464

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the consequences of FGM in Europe and that

190,000 girls in 17 European countries alone are

at risk of being genitally mutilated

469

The EU has a zero-tolerance policy on FGM, pledging continued collaboration for a world

free from all forms of violence against girls and women

470

. The Commission and High

Representative / Vice-President Josep Borrell declared FGM a human rights violation and a

form of violence against girls and women. High Representative / Vice-President Borrell

emphasised the lack of medical justification for such procedures, the risks to girls’ lives, and

the lasting physical and psychological trauma that these procedures cause. He called for joint

action by communities, governments, organisations, and international partners to protect the

rights, dignity and health of women and girls.

The Commission is strongly committed to ending all forms of gender-based violence.

The

provisionally agreed directive on combating violence against women and domestic

violence

specifically criminalises FGM as a self-standing offence, because while conduct

amounting to FGM is criminalised or at least prohibited in all Member States, it is not a specific

crime in several Member States. Using general offences to criminalise conduct amounting to

FGM, such as the offence of causing bodily harm, does not capture the specific gendered nature

of FGM. In addition, the proposal obliges Member States to provide specialist and age-

appropriate support to victims of FGM, including by providing gynaecological, sexological,

psychological and trauma care and counselling. The Commission is also looking to adopt a

specific

recommendation on preventing and combating harmful practices against women

and girls,

including FGM, in 2024. This would include specific suggested measures directed

at Member States and additional, specialised support and protection for victims of practices

such as FGM.

4.1.8 Children in rural and remote areas

There is an

unequal distribution of services

(social, psychosocial, legal) with almost no

assistance available for victims of abuse living in smaller towns or rural areas (an argument

made by Eurochild and Platform for Children). Conversely, in some districts in urban areas

there is greater saturation of these services, and the activation of relief mechanisms may not be

immediate (as stated by ANAR Foundation).

4.2 Child victims of trafficking in human beings

In 2022, 15% of the victims of trafficking in human beings registered in the EU were

children

471

Most child victims registered in the EU are trafficked for sexual exploitation, but

children are also trafficked for labour exploitation, forced begging, forced criminality, and

other forms of exploitation. Children are at particular risk of falling victim to traffickers online.

469

470

Joint Statement ahead of the International Day of Zero Tolerance for Female Genital Mutilation; FGM in Europe | End FGM

Commission calls for eradication of Female Genital Mutilation worldwide.

471

Eurostat - Trafficking in human beings statistics - Statistics Explained.

In previous years, children represented nearly a

quarter of registered victims, see Commission staff working document, Statistics and trends in trafficking in human being in

the European Union in 2019-2020, SWD(2022) 429 final, 19 December 2022 and

Trafficking victims in Europe, a rise by 10%

and the share of EU nationals among the victims increased to 59%.

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Criminal networks active in the EU also use children to commit various types of crimes, such

as pickpocketing, shoplifting, selling of items, or drug trafficking

472

Respondents regretted the lack of a distinct procedure for child victims of trafficking for

sexual exploitation, which reveals problems with the support and recognition that they

receive.

Two stakeholders highlighted that although child victims of trafficking in human

beings have access to a distinct procedure, this procedure is not effective because of restrictive

conditions (DCI Belgium, ECPAT Belgium, 2023). Additionally, services are focused on

capital city communities, while rural communities may not be sufficiently supported.

Challenges also exist in the identification of these children and their care, and in the efficiency

of the national referral mechanism (an argument made by MECPATHS).

The

Anti-trafficking Directive

473

takes a child-specific approach and includes specific

provisions addressing child victims. Under the Directive, children are always considered

vulnerable, leading to higher penalties for traffickers. Moreover, when a child is involved, not

all constitutive aspects of a trafficking offence need to be fulfilled for an act to qualify as

trafficking. In addition, there are detailed provisions in the Directive on assisting and

supporting child victims, as well as on protecting them in criminal proceedings, including

specific provisions on unaccompanied children.

The

EU strategy on Combatting Trafficking in Human Beings (2021-2025)

takes a

comprehensive approach, from prevention to conviction of criminals, while emphasising the

protection of victims at all stages, taking into account child victims in particular. As one of the

key initiatives under the strategy, the Commission carried out an evaluation of the Anti-

trafficking Directive, and proposed targeted amendments on this basis. The Council, in its

Conclusions on the EU strategy on the rights of the child, called on Member States to raise

awareness among children, and in particular migrant children and their families, of the risks of

exploitation by providing them with adequate information

474

On 23 January 2024, a political agreement was reached between the European Parliament and

the Council of a

revised Anti-trafficking Directive

475

. The new Directive will add the

exploitation of surrogacy, of forced marriage and of illegal adoption to the forms of exploitation

criminalised under the definition of trafficking in human beings, to strengthen the criminal

justice response to these phenomena, which are of growing concern. It will also make it

mandatory for Member States to set up formal referral mechanisms and national focal points

for the cross-border referral of victims, including children. The revised Directive will also

strengthen the child sensitive approach to the prevention and fight against trafficking, and

protection of the victims.

common anti-trafficking plan to address the risks of trafficking and support potential

victims among those fleeing Ukraine

was developed and has been implemented under the

lead of the EU Anti-Trafficking Coordinator, in cooperation with the Member States, the EU

agencies, civil society organisations, and Ukraine and Moldova. It takes a child rights-based

472

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and

the Committee of the Regions, Report on the progress made in the fight against trafficking in human beings (Fourth Report),

COM/2022/746 final, 19 December 2022.

473

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating

trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101,

15 April 2011, 1-11.

474

Council conclusions on the EU strategy on the rights of the child, see note 6 p. 3.

475

Commission welcomes breakthrough political agreement on stronger rules to fight trafficking in human beings.

c (2024) 2680 - Ingen titel

approach to address the particular vulnerability of children, including unaccompanied and

separated children.

The European Union Agency for Law Enforcement Training (CEPOL) organises regular

training on child trafficking for law enforcement authorities.

Moreover, two operational

priorities of the European Multidisciplinary Platform Against Criminal Threats (EMPACT) for

tackling trafficking in human beings focus on child trafficking, including organising joint

action days.

Moreover, the action of the EU roadmap to fight drug trafficking and organised crime

476

focusing on preventing criminal networks from recruiting children and young people will help

address trafficking of children to exploit them to carry out criminal activities. The EU also

addresses the particular vulnerability of children to trafficking in human beings by funding

measures to combat child trafficking under the Internal Security Fund, and measures to assist,

support and help integrate non-EU child victims of trafficking under the

Asylum, Migration

and Integration Fund

477

The

Technical Support Instrument (TSI)

offers EU Member States on-demand support for

designing and implementing structural reforms in any policy area, including for protecting

children victims of trafficking by reforming or establishing national processes and structures.

The FRA report on children deprived of parental care (found in an EU Member State other than

their own) specifically mentions cases of trafficking of human beings and aims to strengthen

the response of all those involved in child protection

478

4.3 Strengthening an integrated approach to cross-border child protection

4.3.1 Cross-cutting challenges for children in cross-border situations

Both migration to the EU and mobility within the EU have led to increasing numbers of

transnational and cross-border child protection situations

479

. Children in cross-border

cases may need protection from various risks of harm, including but not limited to trafficking

in human beings, removal of body parts and adoption

480

. One of the challenges in protecting

children in cross-border cases lies in the lack of appropriate cooperation and coordination with

counterparts in other countries, and differences in national laws

481

On families exercising their EU free movement rights, the

guidance on the right of free

movement of EU citizens

should help all families and their children to easily exercise their

rights derived from EU law, in line with the case-law of the Court of Justice of the EU

482

. In

particular, for children of same-sex couples, the Court clarifies that, for the purposes of

exercising the rights derived from EU law,

parenthood

by same-sex parents duly attested by

476

Communication from the Commission to the European Parliament and the Council on the EU roadmap to fight drug

trafficking and organised crime, COM/2023/641 final, 18 October 2023.

477

Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum,

Migration and Integration Fund, OJ L 251, 15 July 2021, 1–47.

478

FRA,

Children deprived of parental care found in an EU Member State other than their own,

2019.

479

Northern Ireland Assembly - Cross-border child protection in the EU.

480

Paragraph 76 of UNCRC GC No. 13, see note 19 p. 5.

481

European Forum on the rights of the child 2022,

see note 197 p. 31.

482

Commission Notice – Guidance on the right of free movement of EU citizens and their families, C/2023/8500, OJ C,

C/2023/1392, 22 December 2023.

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a certificate issued by a Member State must be recognised by other Member States under EU

law, even if parenthood by same-sex parents is not provided for in their national law

483

The UN Committee on the Rights of the Child calls for developing specific legislation and

policies to protect children affected by cross-border child protection issues

(for example

cybercrime and extraterritorial prosecution of those who sexually abuse children through travel

and tourism, and traffickers), whether these children are in traditional caregiving situations or

where the state is the

de facto

caregiver, as in the case of unaccompanied children

484

To strengthen cooperation in cross-border missing child cases, stakeholders stressed that

integrated child protection systems should include provisions that aim to step up

preventive

action

(e.g., awareness-raising campaigns on risks, return home interviews, psychosocial

support services, training of professionals on setting up safe child-friendly spaces) and to

good practices among Member States

(an argument made by Missing Children Europe).

Another suggestion for cross-border cases includes facilitating and strengthening

transnational cooperation

between stakeholders supporting children (i.e. regional projects for

exchange of and networking between legal workers, guardians) (a suggestion made by the

European Guardianship Network (EGN)). If implemented in family reunification procedures

as well as family or take-charge procedures of asylum seekers, this kind of cooperation should

considerably reduce the risks that arise when children decide to move independently (an

argument made by KIND, Child Circle).

4.3.2 Parental responsibility and child protection in cross-border cases

cross-border family law,

the

Brussels IIb Regulation,

the cornerstone of EU judicial

cooperation in matrimonial matters and matters of parental responsibility, entered into

application in August 2022. Its rules apply equally to all children, whether they are born in

wedlock or not, offer a better protection to children, and aim to facilitate cross-border

procedures for families, including by simplifying and increasing the efficiency of the

procedures for the return of wrongfully removed or retained children under the Convention of

25 October 1980 on the Civil Aspects of International Child Abduction

485

on custody and

access, on cross-border placement of children by creating an autonomous consent procedure

for all types of cross-border placements, and on child protection measures in cross-border

cases. The European Judicial Network (EJN-Civil) adopted a practice guide on the application

of the Brussels IIb Regulation

486

In line with the case-law of the Court of Justice, see judgement in case C-490/20,

V.М.А. v Stolichna obshtina, rayon

„Pancharevo“,

14 December 2021. This protects the family life, as these children should be able to exercise, with each of

those two parents, their right to move throughout the EU and to reside freely in another Member State. As difficulties may

arise from the lack of recognition of parenthood in some areas not covered by ‘rights derived from EU law’ (for example,

children’s rights to inheritance or maintenance), the Commission adopted on 7 December 2022 a Proposal for a Council

regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of

parenthood and on the creation of a European Certificate of Parenthood, COM/2022/695 final, 7 December 2022. This proposal

is based on Article 81(3) of the Treaty on the Functioning of the EU related to measures concerning family law with cross-

border implications. The proposal has the best interests of the child as its primary consideration and covers the recognition of

parenthood established in a Member State as regards all children, irrespective of how they were conceived or born and

irrespective of their type of family. The proposal does not harmonise substantive family law (such as rules on the definition of

family), which remains a Member State competence.

484

Paragraph 76 of UNCRC GC No. 13, see note 19 p. 5.

485

Hague Conference on Private International Law (HCCH) Convention of 25 October 1980 on the Civil Aspects of

International Child Abduction

(1980 Hague Convention).

486

European Commission,

Practice guide for the application of the Brussels IIb Regulation,

2023.

483

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Central Authorities play a crucial role in the application of regulations on parental

responsibility.

Each Member State must designate Central Authorities

487

with dual

responsibilities

488

. Their tasks include handling requests from other Member States, courts or

other competent authorities (like child protection authorities), and holders of parental

responsibility, and they can collect and exchange information in parental responsibility

procedures

489

. Central Authorities also assist holders of parental responsibility seeking

recognition and enforcement by offering practical guidance and highlighting differences in

measures. They provide explanations to ensure effective rights of access.

The Central Authorities for child abduction proceedings and for matters of parental

responsibility designated under the Brussels IIb Regulation and the 1996 Hague Convention

on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of

Parental Responsibility and Measures for the Protection of Children also

facilitate agreement

between holders of parental responsibility through mediation or other means of

alternative dispute resolution.

The Brussels IIb Regulation does not require Central

Authorities to engage directly in the mediation, but they may provide mediators. They

collaborate with the Central Authorities of other Member States. This facilitates the process of

cross-border child placements, ensuring prompt decisions within 3 months. Various placement

scenarios are covered, specifying conditions for mandatory consent from the requested

Member State or exceptions.

On another note, Central Authorities play a vital role in the cross-border recovery of

maintenance

490

, for example by sending and receiving applications, initiating or facilitating

proceedings, and taking appropriate measures to expedite application such as providing legal

aid, locating debtors and creditors, obtaining relevant financial information, encouraging

amicable solutions or facilitating ongoing enforcement.

At the international level, the

1996 Hague Convention

covers a wide range of civil measures

to protect children in cross-border situations. The convention lays down uniform rules that

prevent conflicting decisions, enable cross-border cooperation between authorities, and secure

the recognition and enforcement of measures among contracting parties. The

Convention of

25 October 1980 on the Civil Aspects of International Child Abduction,

for its part, is a

treaty that protects children from the harmful effects of wrongful removal and retention across

international boundaries by providing a procedure to secure their prompt return and protect the

rights of access.

4.3.3 An integrated approach to the protection of children in migration

Challenges reported by respondents

487

Article 76 of the Brussels IIb Regulation, see note 238 p. 38; Article 29(1) of the Convention of 19 October 1996 on

Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures

for the Protection of Children (1996 Hague Convention); Article 6(1) of the 1980 Hague Convention, see note 491, p. 93.

488

Articles 77 and 78 of the Brussels IIb Regulation, see note 238 p. 38.

489

Article 80, read together with Article 79, point (b), of the Brussels IIb Regulation., see note 238 p. 38.

490

Under Article 49 of the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law,

recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, OJ L 7, 10 January

2009, 1–79 (Maintenance Regulation) and Article 4 of the 2007 Hague Convention, see note 491, p. 93. Chapter VII of the

Maintenance Regulation outlines cooperation between Central Authorities, specifying their general functions (Article 50),

specific functions (Article 51), and specific measures (Article 53).

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Children on the move face particular risks. Violence is a daily threat for children on the

move,

especially those who travel unaccompanied or separated from their families

491

. In 2022,

236,000 asylum applicants were children, accounting for 25% of all applicants in the EU. Of

these, around 40,000 or 17% were

unaccompanied children

492

Youngsters, as heard during the CFJ-EN’s Child Justice Caravan, emphasised that meaningful

integration

of migrant children into society relies heavily on

favourable reception

conditions,

including robust guardianship systems, appropriate shelter, and psychological

support. They also complained that no attention is given to the individual needs of children

(e.g. sexual orientation) when assigning them to reception centres. They stressed that it is of

paramount importance to

keep family members together

at all stages of the asylum procedure.

They added that unaccompanied minors need a transition period before leaving the reception

centre when becoming 18, as they may not have resources to live on their own.

Stakeholders recommended to invest in and promote

capacity building for border police and

all others interacting with refugee and migrant children

at borders and inside the country.

This capacity building should ensure the effective implementation of relevant children’s rights,

child protection, and protection from gender-based violence

493

. Stakeholders also asked to

ensure access to justice for child refugees and migrants who have been victims of violence and

torture or other ill treatment committed by authorities

494

Respondents notably called for supporting civil society organisations in having

access to

border crossing areas

so that they can provide protection and assistance to migrant children

in need, including those who experience pushbacks.

Independent monitoring mechanisms

should consider the availability of free quality legal assistance for children in precarious

situations (a point made by KIND, Child Circle).

Civil society organisations report that children with migration background are at constant risk

of witnessing abuse, being subject to abuse, and experiencing psychological violence (a point

made by Save the Children, ARSIS, PICUM)

495

. Recent projects on

reception centres for

children in migration

suggest that compartmentalising support services, rather than

promoting a child protection approach, leads to children with unique/intersectional needs not

being adequately informed of their rights and of options for seeking support when victim of

violence (a point made by DCI Belgium). Children in migration are often referred to reception

centres that do not provide the forms of protection to which they are entitled (a point made by

Defence for Children International IT), while, in some cases, they should be accompanied by

protection services (a point made by DCI Belgium). This environment carries many risks for

children, for example if there is a lack of (barrier-free) places to learn and spend leisure time,

or limited health protection (an argument made by the German Association for Public and

Private Welfare).

491

Office of the Special Representative of the Secretary-General on Violence against Children and Universidad

Iberoamericana,

Violence against children on the move From a continuum of violence to a continuum of protection,

2020.

492

Eurostat - Migration and asylum in Europe – 2023 edition.

493

Save the Children,

Wherever we go, Someone does us Harm: Violence against refugee and migrant children arriving in

Europe through the Balkans,

2022, pp. 101-103.

494

Wherever we go, Someone does us Harm,

see note 499 p. 95.

495

ARSIS further points at insecurity due to a lack of legal documents (and consequent difficulty to access education, justice

and healthcare) and their risk of being exploited. See also

Wherever we go, Someone does us Harm,

see note 499 p. 95. See

also Save the children,

Children migrating to Europe experience horrific rates of violence, abuse and trauma: Report,

2022.

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Respondents stressed the

lack of reliable data

on the number of those that are outside the

protection systems’ radar in Europe (PICUM, Child Circle, Missing Children, EGN)

496

Children in migration are exposed to risks of underreporting.

Unaccompanied children

are in a situation of individual vulnerability because of their

younger age, their migration path, and their distance from adults of reference (an argument

made by Defence for Children International IT). Integrated child protection systems could play

a vital role in protecting them immediately on their arrival at the border; Member States must

properly assess their best interests when applying asylum and migration procedures, and when

deciding on transfers between countries (a point made by KIND, Childe Circle). The

Commission Recommendation could strengthen the identification and development of national

guardianship systems (an argument made by EGN)

497

Regarding unaccompanied children, stakeholders call to promote: (i) awareness-raising on

child protection procedures and specific needs of children in migration with all legal

stakeholders at national level, fostering the use of the practical resources of the FRA and the

EU Asylum Agency (EUAA) (a point made by ENG); (ii) cooperation between legal assistance

providers and other stakeholders, ensuring coordination with other procedures that involve the

child: and (iii) joint training (at national and transnational levels) to ensure that lawyers, law

enforcement, immigration and social work professionals develop shared understandings of

integrated child protection system responses; this should include training on trauma-informed

approaches (a point made by KIND, Child Circle).

Relevant support at EU level

The 2017 Communication on children in migration

498

sets out the general principles and

measures for ensuring effective protection of children in migration, taking into consideration

the best interests of the child as the primary consideration in all measures or decisions

concerning children.

The

Action Plan on Integration and Inclusion 2021-2027

499

is the Commission’s policy

framework for integration of migrants and EU citizens with a migrant background. Adopted in

November 2020, this Action plan puts forward a comprehensive policy framework setting out

more than 60 actions. These actions are for the Commission and the Member States in

cooperation with a range of relevant stakeholders – because cooperation between different

levels and stakeholders is key to successful integration. The Action plan highlights education

as one of the most powerful tools for building more inclusive societies. From early childhood

education and care (ECEC) to non-formal education, education and training is the foundation

for successful participation in society. Schools have the potential to be real hubs of integration

for children and their families. A mid-term review of the Action Plan on Integration and

Inclusion is being carried out by the Commission. The mid-term review will take stock of all

496

See also Save the Children Spain & Por Causa,

Crecer sin papeles en España,

2021; Missing Children Europe,

Over 18,000

children in migration missing in Europe between 2018-2020,

2021.

497

EGN proposed its ‘ProGuard tool’ (and upcoming guidance) as a working basis. See also

Proguard -

Pilot Assessment

System For Guardianship.

498

Communication from the Commission to the European Parliament and the Council - The protection of children in migration,

COM/2017/211 final, 12 April 2017.

499

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions Action plan on Integration and Inclusion 2021-2027, COM/2020/758 final, 24

November 2020.

c (2024) 2680 - Ingen titel

actions to be implemented by the Commission and Member States, including in the area of

education.

The Commission has worked migrant youth and education issues for migrant children

(European Migration Forum in 2022, European Integration Network meeting in 2025). In 2023,

a call for proposals under AMIF union actions was published to language learning for young

migrants. The selected projects will start in spring 2024.

The

Pact on Migration and Asylum,

currently in the process of adoption

500

, provides

reinforcement to different safeguards and protection standards of migrant children.

Unaccompanied minors are excluded from the newly introduced border procedure, while

families with children are deprioritised for inclusion and, where included, prioritised for

processing purposes. Standards on reception for all children are reinforced, to be suited to their

needs, after assessing the best interest of the child. Reception conditions must ensure a standard

of living adequate to the child’s physical, mental, spiritual, moral and social development and

include the further obligation to take account of the child’s need for stability and continuity of

care.

The pact reinforces provisions relating to the representatives for unaccompanied minors,

including by introducing clear deadlines for their appointment, no later than 15 days and, as

soon as possible a temporary representative. It also defines a maximum ratio of representatives

to unaccompanied minors, while requiring adequate training, qualification of representatives

as well as of personnel dealing with children in the context of reception and the asylum

procedure. Member states are responsible for the adequate supervision of child representatives.

The Pact also strengthens children’s right to education on aspects of continuity, integration and

further taking into account children’s special needs. As a rule, the education of children should

be that of Member State’s own nationals and of the same quality and access to education shall

be granted as soon as possible and cannot be postponed for more than 2 months. Children’s

right to healthcare now has to match that of national children.

Member States have to provide for an

independent monitoring of fundamental rights

mechanism

in relation to the screening and border procedure, based on general guidance to be

established by the European Fundamental Rights Agency. This shall be complementary to the

European Asylum Agency’s work in providing for a

general monitoring mechanism

for the

purpose of monitoring the operational and technical application of the Common European

Asylum System as a whole.

The FRA issued general guidance to help

Member States set up national independent

mechanisms to monitor compliance with fundamental rights at EU external borders, in line

with the screening regulation proposed by the Commission on 23 September 2020

501

As part of the work of the

JRC Knowledge Centre on Migration and Demography

502

, the

Atlas of Demography, supports evidence-informed decision-making, notably on issues linked

Council of the EU,

Asylum and migration reform: EU member states’ representatives green light deal with European

Parliament,

2024.

501

FRA,

Establishing national independent mechanisms to monitor fundamental rights compliance at EU external borders,

2022.

502

Knowledge Centre on Migration and Demography (KCMD) Data Portal.

500

c (2024) 2680 - Ingen titel

to migrant children

503

. The evidence-based narratives on migration and demography

(NARRATIM)

504

are another relevant project under this work strand.

Ukrainian children on the EU territory

Child protection has also been central to the EU response to the situation of

children fleeing

the Russia’s war of aggression against Ukraine.

Those children are around a third of the 4.3

million people from Ukraine benefitting from temporary protection in the EU

505

The vulnerability of such children is exacerbated when they are unaccompanied or separated

children. FRA highlighted that child protection systems across Europe are under increased

pressure. Specific situations, such as those of children travelling without parents, or the many

children displaced with family friends or neighbours, require a dedicated response by child

protection. Child protection systems in the EU vary widely, and it is important to take a

comprehensive approach

506

The Commission has fully committed itself to supporting Member States to protect

children displaced from Ukraine to the EU territory

507

. This includes supporting missing

children’s hotlines and child helplines, as well as helping to ensure their inclusion in national

education systems and providing guidance to Member States to help ensure the quick

connection of displaced children to national child protection systems

508

The Commission, in close cooperation with the Polish and Ukrainian authorities, UNICEF and

the United States’ State Department, is notably working to help the situation of

children

evacuated from Ukrainian institutions.

The Commission has supported Member States in

their work by providing guidance to address the specific protection needs of children from

Ukraine, in bilateral exchanges and through the Solidarity Platform Ukraine. In addition, the

Commission launched a dedicated specific action call under the Asylum Migration and

Integration Fund that aims to increase the capacity and quality of national guardianship and

child protection systems for unaccompanied children. Furthermore, the Commission, in close

cooperation with Unicef and the United States’ State Department, works on relocating groups

of evacuated children from Ukrainian institutions hosted in Poland to more appropriate venues.

In parallel, the Commission is also actively supporting a comprehensive reform of the

alternative care system for children in Ukraine.

Actions were also focused on access to education and schooling of children displaced from

Ukraine, including through discussions at the Solidarity Platform. In June 2022, the

Commission has issued

key principles and practices for supporting the inclusion of

displaced children from Ukraine in school education

for the school year 2022-2023

509

. It

highlights several good practices developed in recent years that can be applicable to the

situation of displaced children from Ukraine as well as other migrant children.

In October 2023, the Commission launched a new strand of the

EU campaign on victims’

rights

on supporting victims of war-related crimes – mostly women and children – who fled

World Children’s Day: Supporting evidence-informed decision-making to protect migrant children in Europe.

Knowledge Centre on Migration and Demography.

505

Eurostat: Temporary protection for persons fleeing Ukraine - monthly statistics.

506

FRA,

The Russian aggression against Ukraine – Displaced children finding protection in the EU - Bulletin 3,

2023.

507

See: Communication from the Commission to the European Parliament and the Council on ‘Temporary protection for those

fleeing Russia’s war of aggression against Ukraine: one year on’, COM(2023) 140 final.

508

See:

Fleeing Ukraine: protection for children - European Commission (europa.eu).

509

SWD(2022) 185 final,

Supporting the inclusion of displaced children from Ukraine in education | European Website on

Integration (europa.eu).

503

504

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Russia’s war of aggression against Ukraine to the EU. Through the children’s book

The Girl

Who Kept Her Eyes Open

510

, the Commission aims to raise awareness of these victims’ rights

under EU rules, and encourage people in the EU to have their ‘eyes open’ to their situation.

The EU takes part in the Consultation Group on Children of Ukraine (CGU), which was created

following the

Council of Europe Declaration on the situation of the children of Ukraine,

adopted at the Reykjavik summit in May 2023. The CGU aims to be a platform to facilitate

dialogue between states, the EU and other relevant international and national stakeholders, to

help identify gaps in the existing applicable laws and standards, to harness existing tools

available to help implement these laws and standards, and to find pragmatic ways and solutions,

to promote transnational cooperation on these issues, and, where possible, to harmonise

practices among states. Particular topics of the CGU include registration, reception and care of

unaccompanied children of Ukraine, reform of the Ukrainian child protection and care system,

and psychological support / trauma-informed care for Ukrainian children affected by the war.

5. Child protection as an EU global priority

In 2022, approximately 468 million children (18.8%, or more than one in six) were living in a

conflict zone. Around 96 million children were living in high-intensity conflict areas (with 100

or more killed within 50 km of the fighting). At least 43 million children are displaced from

their homes, the highest number ever recorded. A total of 8 million children under the age of 5

in 15 crisis-hit countries are at risk of death from severe wasting. A total of 244 million crisis-

affected children and adolescents need urgent education support. These figures

511

testify to the

dire situation of children worldwide. Children’s survival, well-being and healthy development

are seriously jeopardised. Given these immediate and long-term risks, it is an urgent priority to

protect children from violence, abuse, exploitation and neglect, while ensuring their

empowerment as drivers of democratic change.

Child protection is a global need, a collective outcome, and requires a coordinated approach at

international, national and local levels, incorporating child protection into all policies in a

cross-sectoral approach. Protection and promotion of the rights of the child are core objectives

of the EU’s human rights policy at home and abroad, through policy dialogues, advocacy and

funding, combining multiple perspectives: humanitarian aid, development, peace and security.

This also implies empowering children and young people to play their role in addressing global

challenges, notably in protecting themselves against violence, conflicts or climate change. At

the occasion of the World’s children’s day, the European Commission and the High

Representative recalled the EU commitment to supporting child protection in its external

action, with a particular concern for the well-being of children living in situations of armed

conflict, forced displacement and protracted humanitarian crises

512

5.1 Promoting the reform of child protection systems globally

The Recommendation focuses on how Member States can develop and strengthen integrated

child protection systems, but it can also be a blueprint to inspire child protection reforms

510

Thito P., Sarvira A.,

The Girl Who Kept Her Eyes Open,

Office for Official Publications of the European Communities,

Luxembourg, 2023.

511

Gudrun O. et al.,

Children Affected by Armed Conflict, 1990–2022,

Conflict Trends,

PRIO, Oslo, 2023.

512

World Children's Day: Joint Statement (europa.eu),

17 November 2023.

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globally. Effective child protection requires comprehensive and holistic approach

encompassing the existence of evidence-based policy making and legal frameworks which

protect children in partner countries, effective and responsive institutional set-ups for

preventive and responsive services, including support to child victims of violence and neglect,

sufficient adequate human and financial resources, and sustained awareness of promotion of

child rights at local, national and global levels.

For instance, the German Federal Ministry for Economic Cooperation and Development

(BMZ) has introduced its Human Rights Concept with the goal of better monitoring how

effectively its programs address the rights of children and youth

513

The global pilar of the

EU strategy on the rights of the child

also stresses the EU’s

commitment to increase efforts focused on promoting and implementing measures to prevent,

combat and respond to all forms of violence against children (including harmful practices and

gender-based violence, child marriage, trafficking, and exploitation) and assist partner

countries in building and strengthening child protection and justice systems, promoting child

participation in decision-making. The EU strategy advocates for compliance with International

Humanitarian Law to protect children in armed conflicts, especially for vulnerable populations

like refugees, displaced children, and minority groups. Further it emphasises that ‘[t]he EU will

support actions to address the issue of street children as well as invest in the development of

quality alternative care and the transition from institution-based to quality family- and

community-based care for children without parental care and children with disabilities’. The

Strategy for the rights of persons with disabilities

puts forward a series of measures at EU

level to strengthen the EU’s global role as an advocate for rights of people with disabilities

through international cooperation, and to ensure that its external action upholds and implements

the principles of the UN Convention on the Rights of Persons with Disabilities.

The

EU Action Plan on Human Rights and Democracy 2020-2024

514

includes the

commitment of the EU to assist partner countries in building and strengthening child protection

systems, ‘[s]upport the development of quality alternative care and the transition from

institution-based to quality family- and community-based care for children without parental

care’.

As part of the EU’s action abroad, the

Neighbourhood, Development and International

Cooperation Instrument

(NDICI)

515

seeks to support, in its geographic and thematic

programming, the promotion of the transition from institutional to community-based care for

children, as well as the promotion of new initiatives to build stronger child protection systems

in non-EU countries. The

Instrument for Pre-accession Assistance

(IPA III)

516

, used by the

EU to support reforms in candidate countries and potential candidates for EU accession in the

Western Balkans, as well as Türkiye, highlights that ‘[i]nterventions in this area shall aim at

modernising social protection systems to provide effective, efficient and adequate protection

throughout all stages of a person’s life, promoting the transition from institutional to family

513

Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung (BMZ),

Menschenrechtskonzept der deutschen

Entwicklungspolitik,

2023.

514

Joint Communication to the European Parliament and the Council EU Action Plan on Human Rights and Democracy 2020-

2024, JOIN/2020/5 final, 25 March 2020.

515

Global Europe: Neighbourhood, Development and International Cooperation Instrument.

516

Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument

for Pre-Accession assistance (IPA III), PE/67/2021/INIT, OJ L 330, 20 September 2021, 1–26.

100

c (2024) 2680 - Ingen titel

and community-based care, fostering social inclusion, promoting equal opportunities and

addressing inequalities and poverty’.

In political dialogue, the Commission also reinforces messages from international monitoring

bodies on human and child rights, referring to countries’ commitments and recommendations

under international conventions, including the UN Convention on the Rights of the Child, the

UN Convention on the Rights of Persons with Disabilities and the Council of Europe Lanzarote

Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.

5.2 Child protection in humanitarian action and crisis situations

Ensuring the protection of populations is at the centre of the EU’s humanitarian response.

In line with the European Consensus on Humanitarian Aid, particular vulnerabilities are taken

into account when responding to humanitarian needs. As part of this, the EU pays special

attention to women, children, older people, sick people, and people with disabilities.

Humanitarian crises often have long-lasting, devastating effects on children’s lives. The

child

protection risks

that children face include gross violations of children’s rights, family

separation, denial of humanitarian access, recruitment into armed forces or groups, physical or

sexual exploitation and abuse, psychosocial distress, trauma or mental disorders, early marriage

and pregnancies, lack of access to education, economic exploitation, injury, and even death.

The Commission defines humanitarian protection, including child protection, as addressing

violence, coercion, deliberate deprivation and abuse in humanitarian crises. This is performed

complying with

humanitarian principles

and

international law.

Protection in humanitarian aid operations uses two main approaches:

targeted protection

measures

and

protection mainstreaming

incorporating protection principles and promotion

of meaningful access, safety, dignity, accountability, participation and empowerment into all

humanitarian projects, regardless of the sector, to ensure the entire humanitarian system is

actively and consciously engaged in realising broader child rights as well as children’s rights

to protection in each step of humanitarian action.

Targeted child protection measures include:

•

prevention of and response to violence (also sexual and gender-based violence),

including by strengthening existing child protection systems;

registration and identification of children;

case management, including best interests assessments and best interests determination

processes;

family tracing and reunification;

prevention of recruitment of children into armed forces or groups, and demobilisation,

release and reintegration of children associated with armed forces and armed groups;

and

child-friendly spaces / adolescent-friendly spaces.

Additionally, the EU promotes

integrated holistic approaches to children’s needs

humanitarian assistance. For instance, when addressing children’s right to education and

supporting action on

education in emergencies,

child protection concerns are reflected in the

assessment, design, monitoring and evaluation of the programmes, so that girls and boys of all

ages can access safe, high-quality, child-friendly, flexible, relevant and protective learning

opportunities in a protective environment. The EU dedicates 10% of its initial humanitarian aid

budget to education in emergencies, setting the benchmark internationally.

101

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5.3 Zero tolerance for child labour

A total of 160 million children (9.6% of all children globally) are victims of child labour,

with 79 million in hazardous work

517

.The percentage of children in child labour has fallen

consistently in Asia and Pacific, and Latin America and the Caribbean. However, the

percentage of children in child labour has grown slightly in Sub-Saharan Africa. With strong

population growth in Sub-Saharan Africa and a Covid-19 effect, child labour worldwide

increased in absolute numbers between 2016 and 2020. From 2000 to 2020 the data is more

positive, with the number of children in child labour falling from 245.5 million to 160 million.

70 percent of children in child labour work in the agricultural sector. Child labour is

concentrated within the family unit (72.1 percent).

The Commission’s political guidelines announced a

zero-tolerance approach to child labour.

The EU has indeed a zero-tolerance approach against child labour, reflected in the

Commission's political guidelines and the proposed Directive on corporate sustainability due

diligence

518

. This initiative aims to ensure EU supply chains are free from child labour and

aligns with the EU Strategy on the Rights of the Child and the EU Action Plan on Human

Rights and Democracy. The

proposal for a directive on corporate sustainability due

diligence

will be important to fulfil the objectives of various existing and planned EU measures

in the field of human rights, including labour rights, and environment. Notably, it is consistent

with the EU strategy on the rights of the child, which commits the EU to a zero-tolerance

approach to child labour and to ensuring that supply chains of EU companies are free of child

labour. The proposal is in line with the EU Action Plan on Human Rights and Democracy

2020-2024, which includes a commitment for the EU and Member States to strengthen their

engagement to actively promote the implementation of international standards on responsible

business conduct, such as the UN Guiding Principles on Business and Human Rights, the

OECD Guidelines for Multinational Enterprises, and the OECD Due Diligence Guidance.

The proposal also helps achieve the implementation of the

Commission’s Communication on

decent work worldwide,

which was adopted together with this proposal in 2022

519

. The

Communication demonstrates the EU’s commitment to champion decent work both at home

and around the world and highlights the EU’s policies and initiatives with outreach beyond the

EU. The EU promotes decent work across all sectors and policy areas in line with a

comprehensive approach that addresses workers in domestic markets in third countries and in

global supply chains.

As committed to in the Communication, the European Commission joined Alliance 8.7 in 2023,

a global partnership to eradicate forced labour, modern slavery, human trafficking, and child

labour, in accordance with SDG Target 8.7.

The Durban Call to Action on the Elimination

of Child Labour

calls for increased action to tackle child labour, in particular, to make decent

work a reality, eliminate child labour in agriculture, realise children’s rights to education,

517

International Labour Organization and UNICEF,

Child labour, Global Estimates 2020, Trends and the road forward,

2021.

The

International Labour Organisation (ILO) Convention No. 182 - Worst forms of child labour, 1999

is a pillar for the

prohibition of child labour at the international level.

518

Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and

amending Directive (EU) 2019/1937,

COM/2022/71 final, 23 February 2022.

519

Communication from the Commission to the European Parliament, the Council and the European Economic and Social

Committee on decent work worldwide for a global just transition and a sustainable recovery, COM/2022/66 final, 23 February

2022.

102

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achieve universal access to social protection, strengthen the prevention and elimination of child

labour, and increase financing and international cooperation for the elimination of child labour.

The

proposal for a Regulation on prohibiting products made with forced labour on the

Union market

520

should prohibit the placing and making available on the EU market and the

export from the EU of products made with forced labour, including forced child labour. The

prohibition covers domestically produced and imported products. Building on international

standards and complementing existing horizontal and sectoral EU initiatives, in particular the

corporate sustainability due diligence and reporting obligations, the proposal lays down a

prohibition supported by a robust, risk-based enforcement framework. It complements the EU

strategy on the rights of the child, which in line with Article 32 of the EU Charter of

Fundamental Rights, commits the EU to a zero-tolerance approach against child labour and to

ensuring that supply chains of EU companies are free of it.

The Commission proposal lists various adverse human rights impacts to be identified,

prevented, mitigated or brought to an end, including the violation of the prohibition of the

employment of children under the age at which compulsory schooling is completed and, in any

case, is not less than 15 years, except where the law of the place of employment so provides in

accordance with the International Labour Organization Minimum Age Convention, 1973 (No.

138); and the violation of the prohibition of child labour pursuant to the UN Convention,

including the worst forms of child labour for children in accordance with the International

Labour Organization Worst Forms of Child Labour Convention, 1999 (No. 182). The second

violation includes: (a) all forms of slavery or practices similar to slavery, such as the sale and

trafficking of children, debt bondage and serfdom, as well as forced or compulsory labour,

including the forced or compulsory recruitment of children for use in armed conflicts; (b) the

use, procuring or offering of a child for prostitution, for the production of pornography or for

pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in

particular for the production of or trafficking in drugs; and (d) work which, by its nature or the

circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

The

Communication on Decent Work Worldwide

is also implemented by the 2022 proposal

for a Regulation on prohibiting products made with forced labour on the Union market. The

proposal published by the European Commission in September 2022 aims to remove the

economic value of products made with forced labour on the Union market and also includes

the prohibition of products produced with child forced labour.

In line with the Communication on Decent Work, in EU free trade agreements (FTA), the EU

and its partners commit to ratifying and effectively implementing the fundamental ILO

conventions, two of which, C138 (Minimum Age) and C182 (Worst Forms of Child Labour),

focus on child labour eradication. These conventions are also covered by the EU’s Generalised

Scheme of Preferences (GSP). Combatting child labour is a priority item in the implementation

and enforcement actions in relation to FTAs and GSP.

520

Proposal for a Regulation of the European Parliament and of the Council on prohibiting products made with forced labour

on the Union market,

COM/2022/453 final, 14 September 2022.

103

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5.4 Climate change and environmental hazards are challenging children’s rights to

protection

As stated by Joining Forces Alliance

521

, drought, flooding, extreme weather events, rising

temperatures, and desertification directly undermine a broad spectrum of children’s rights,

from access to food and safe water, to housing, education, freedom from exploitation, violence

and abuse, and – too frequently – their right to survive and thrive.

70% of consulted children are worried or very worried about the impacts of climate change

522

They called to find ways to push for stronger climate action everywhere.

Because resilience to climate change is shaped by broader socio-economic factors, such as

gender inequality and poverty, the situation is particularly fraught for marginalised girls and

other highly vulnerable groups of children, compounding the multiple hardships that they face.

Save the Children estimates that globally,

774 million children – or one third of the world’s

child population – are living with the dual impacts of poverty and high climate risk

523

In its General Comment 26 on children’s rights and the environment with a special focus

on climate change, the UN Committee on the Rights of the Child

524

underlines how

climate change impacts various child rights enshrined in the UN Convention

(such as right

to non-discrimination, best interests of the child, right to life, to education, right to be heard,

adequate housing, or protection of health), when not endangering their basic right to live, or

increasing their vulnerabilities. Moreover, children are far more likely than adults to suffer

serious harm, including irreversible and lifelong consequences and death, from environmental

degradation

525

.The comments also list measures that governments need to take to make sure

that children’s right to grow up in a clean, healthy and sustainable environment is respected

and protected. More than 16 000 children from 121 countries contributed to the text with a

children’s advisory team overseeing the work. A 17-year-old girl stated: ‘Adults [should] stop

making decisions for the future they won’t experience. [We] are the key means to solving

climate change as it is [our] lives at stake.’

In line with the

Joint Communication on Addressing the impact of climate change and

environmental degradation

526

, there is a need to address the differentiated impacts of climate

change and environmental degradation on women, children and vulnerable groups. In its

resolution on reducing inequalities and promoting social inclusion in times of crisis for children

and their families of 21 November 2023, the

European Parliament

highlighted the fact that

environmental pollution and climate change have a disproportionate impact on lower income

groups, causing a higher incidence of health-related problems, lower life expectancy and fewer

life opportunities for children. It highlighted the importance of adapting living, care and

education facilities to climate emergencies, and of incorporating a child-sensitive approach to

this problem into all policies, including by involving these facilities in related activities and

ensuring the acquisition of skills necessary for the climate transition. It also called on Member

521

ChildFund Alliance, Plan International, Save the Children International, SOS Children's Villages International, Terre des

Hommes, WVI, World Vision International,

The Global Climate Crisis: A child rights crisis,

2019.

522

Our Rights. Our Future. The Europe We Want.,

see note 52 p. 9.

523

Save the children,

Born into the Climate Crisis: Why we must act now to secure children’s rights,

2021.

524

UNCRC General Comment No. 26 on children’s rights and the environment with a special focus on climate change, 2023.

525

UN Special Rapporteur on the Issue of Human Rights Obligations Relating to the Enjoyment of a Safe, Clean, Healthy and

Sustainable Environment,

Report on the relationship between children's rights and environmental protection,

2018.

526

Joint Communication to the European Parliament and the Council A new outlook on the climate and security nexus:

Addressing the impact of climate change and environmental degradation on peace, security and defence, JOIN/2023/19 final,

28 June 2023.

104

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States to take the foregoing into account when drawing up their climate change adaptation and

mitigation plans, by including specific solutions for children and young people, ensuring that

the right to a safe, secure and clean environment is respected, and ensuring awareness among

younger generations.

The

Council Conclusions on a social, green and digital transition

527

reaffirm the EU’s

strong commitment to an empowered civil society, including organisations advocating for

children’s rights, to tackle challenges.

The 2021

EU Adaptation Strategy

528

notes that unequal exposure and vulnerability to climate

impacts worsens pre-existing inequalities and vulnerabilities. The 2023 Guidelines on Member

States’ adaptation strategies and plans

529

highlight children among stakeholders with an

elevated likelihood of being impacted by climate change, who also need to be included in the

climate adaptation process. Children as a group are biologically more vulnerable. They will

also inherit environmental damage caused by previous generations. Their right to participate in

decision-making on matters that affect their lives is an established legal principle. This requires

engaging them in decisions that affect the climate they will live in and their resilience.

The

Joint Communication on the Climate-Security Nexus

530

recognises that due to the

differentiated impacts of climate change and environmental degradation on women, children

and vulnerable groups, it is essential to apply a human rights-based approach, and integrate a

gender-responsive perspective and a child protection and youth dimension when

operationalising the climate and security nexus in the EU’s external relations.

In its humanitarian action, the EU works to protect children from disasters worsened by the

impacts of climate change by investing in disaster preparedness. The budget for disaster

preparedness will reach EUR 79 million in 2024. This is supplemented by

integrating disaster

preparedness into all policies

to ensure that all humanitarian responses are risk-informed. The

EU also requires that, as part of its action on

education in emergencies,

children and young

people receive climate change adaptation and environmental protection education, and climate-

and environment-friendly activities are integrated into the day-to-day running of schools in

humanitarian contexts.

The

EU official position for the COP28 negotiations included in the relevant Council

Conclusions

531

acknowledges that, when taking action to address climate change, parties

should

respect, promote and consider their respective obligations on human rights,

the

right to health, the right to a clean, healthy and sustainable environment, the rights of

indigenous peoples as set out in the UN Declaration on the Rights of Indigenous Peoples, local

communities, migrants,

children

and young people, people with disabilities, and people in

vulnerable situations, as well as gender equality, empowerment of women and girls, and

intergenerational equity. The Council also stresses that

public and inclusive participation,

engagement, and access to information, including for civil society and various stakeholders,

527

528

Council of the EU,

The Council approves conclusions on a social, green and digital transition,

21 November 2023.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social

Committee and the Committee of the Regions forging a climate-resilient europe - the new eu strategy on adaptation to climate

change, COM/2021/82 final, 24 February 2021.

529

European Commission,

Commission Notice Guidelines on Member States’ adaptation strategies and plans 2023/C 264/01,

Directorate-General for Climate action, Publications Office of the EU, 27 July 2023.

530

European Commission,

Joint Communication on the Climate-Security Nexus,

High Representative of the Union for foreign

affairs and security policy, 28 June 2023.

531

Council Conclusions on the preparations for the 28th Conference of the Parties (COP28) of the United Nations Framework

Convention on Climate Change (UNFCCC), 14285/23, 17 October 2023.

105

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are key for promoting social justice, fairness and inclusiveness in the global transition towards

climate neutrality. Finally, the Council reiterates that the EU remains committed to these

values.

References to human rights, including the rights of children, are included in the loss and

damage decisions of the United Nations Framework Convention on Climate Change, by using

the 11th preambular paragraph of the Paris Agreement

532

. This refers to; (i) the COP28 decision

operationalising the funding arrangements and the fund for assisting developing countries that

are particularly vulnerable to the adverse effects of climate change in responding to loss and

damage; and (ii) the decisions on the Santiago network for averting, minimising and addressing

loss and damage. Furthermore,

the framework on the global goal on adaptation as adopted

at COP28, encourages parties to ensure intergenerational equity and social justice, taking

into consideration vulnerable ecosystems, groups and communities and including

children, young people and people with disabilities when implementing it

533

The global stocktake decision requests the Subsidiary Body for Implementation to hold, at its

60th session (that will take place from 3 to 13 June 2024), an

expert dialogue on children and

climate change

to discuss the disproportionate impacts of climate change on children and

relevant policy solutions in this regard, engaging relevant UN entities, international

organisations and NGOs in this work.

Children are also key stakeholders in the sustainable implementation of long-term

climate change policies,

and their inclusion in decision-making processes reflects

intergenerational equity

534

. The

European Climate Pact

launched in December 2020 aims to

raise awareness and facilitate engagement and action by diverse stakeholders and

individuals

535

. The perspective of children and young people is addressed as part of the Pact’s

activities, which include bringing together a network of Climate Pact Ambassadors and

Partners, encouraging climate action by individuals and organisations, and engaging with

citizens using various awareness-raising activities and participatory formats across the EU,

with young people as an important audience.

5.5 Children and young people’s participation upholds child protection globally

The Commission has launched its Youth Action Plan in EU external action

536

to help children

and young people being actors of change for more democratic, equal, inclusive and peaceful

societies in the world. The Youth Action Plan is guided by three pillars of action that will help

shape the EU's partnership with young people in partner countries: (i) partnership to engage:

increasing young people's voices in policy and decision-making; (ii) partnership to empower:

fighting inequalities and providing young people with the skills and tools they need to thrive;

11th preambular paragraph of Decision 1/CMA.4 (Paris Agreement):

‘Acknowledging

that climate change is a common

concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their

respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants,

children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality,

empowerment of women and intergenerational equity’.

533

UNFCCC - Global goal on adaptation.

534

Dozsa, K., Children

as Climate Citizens, A Sociolegal Approach to Public Participation,

2024.

535

European Climate Pact - European Union.

536

JOIN(2022) 53 final,

EU adopts the first Youth Action Plan in EU External Action to strengthen engagement with young

people worldwide.

532

106

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and (iii) partnership to connect: fostering opportunities for young people to network and

exchange with their peers worldwide.

5.6 Guidelines on children and armed conflicts

War and conflict are one of children’s biggest concerns (for 82% of children consulted); 43%

of children were ‘very worried’ about war and conflict, and 39% were ‘worried’

537

Children are disproportionately affected by armed conflicts in many different ways. They are

subject to six grave violations: (i) killing and maiming; (ii) recruitment and use of children by

armed forces or armed groups in any capacity; (iii) rape and other forms of sexual violence

against children; (iv) abduction; (v) attacks against schools and hospitals; and (vi) denial of

humanitarian access.

Children also have special short- and long-term post-conflict needs, such as for tracing of

family members, redress and social reintegration, healthcare, psychosocial recovery and

rehabilitation programmes, participation in disarmament, survivor-centred Sexual and Gender-

based violence (SGBV) response services, demobilisation and reintegration programmes,

access to safe and quality education as well as transitional justice frameworks.

Recognising this critical issue, the EU actively works to protect children in conflict zones

through various means. The EU actively supports the implementation of the Children and

Armed Conflict (CAAC) agenda through its global partnerships and humanitarian efforts. This

includes advocating for the protection of children in conflict zones, promoting compliance with

international humanitarian law by all parties, and supporting programs for the rehabilitation

and reintegration of children formerly associated with armed forces and armed groups. The

update the

EU Guidelines on Children and Armed Conflict (CAAC)

538

inter alia aims to

strengthen the EU's response to the specific needs and vulnerabilities of children affected by

armed conflict and strengthening sustainable, responsive community-based integrated social

protection systems to help prevention, mitigation, recovery and response, including

accountability for gross violations of children’s rights.

The EU is committed to addressing the short-, medium- and long-term impact of armed conflict

on children in an effective and comprehensive manner, using the variety of tools at its disposal.

The EU also aims to influence non-EU countries and non-state actors to: (i) implement

international and regional human rights norms, standards and instruments, as well as

international humanitarian law; and (ii) take effective measures to protect children from the

effects of armed conflict, to end the use of children in armed forces and armed groups, and to

end impunity for crimes against children.

The EU has made it a priority to prevent and eliminate grave violations against children

affected by armed conflict, and to effectively reintegrate these children.

The EU remains

committed to intensifying advocacy activities promoting compliance with international

humanitarian law and protection of civilians, including children. The

review process of the

2008 EU Guidelines on Children and Armed Conflict

will foster the importance of ensuring

coordination and continuity between the various policies and measures targeting the situation

of children affected by armed conflict in the various policy areas, and draw more attention to

EU action in this field.

537

538

EU Children’s Participation Platform, see note 14 p. 4.

EU Guidelines on children and armed conflict.

107

c (2024) 2680 - Ingen titel

Children are often the most vulnerable to and affected by the consequences of conflicts, but

they are also key players in building sustainable peace.

Child participation is also a crucial

aspect of promoting peace and security in communities affected by armed conflict.

The

EU has consistently emphasised the importance of child participation in peace processes and

decision-making.

A JRC-led study on human insecurity and child deaths in conflict

539

used a model to identify

the most at-risk subpopulation for efficient allocation of resources by humanitarian funding

agencies.

Recognising the importance of a comprehensive approach, the EU integrates

child protection

considerations in various sectors

such as education, healthcare, and nutrition. For instance,

Burkina Faso, Mozambique, and Lebanon,

the EU provides education, trauma-informed

care, and psychosocial support to help children overcome the emotional and psychological

scars of conflict. Similarly, in

Myanmar,

EU projects work to integrate out-of-school children

back into formal education and equip them with vital life skills, even in areas affected by

conflict. Recognizing the specific challenges faced by children displaced due to conflict, the

EU also supports

Ukraine

through initiatives that provide trauma-informed care training for

professionals working with children and comprehensive non-formal education programs for

displaced children and families.

Collaboration and addressing root causes are equally crucial aspects of the EU's approach. The

EU works closely with UN agencies, international organisations, and civil society to

advocate

for child rights, build capacity, and address the root causes of conflict

such as poverty and

social exclusion. EU investment in

capacity building and community empowerment,

for

instance in

Colombia and Syria

empowers communities and civil society organisations to

become advocates for children's rights and prevent child recruitment by armed forces through

training programs and technical assistance.

The EU recognises the importance of

documenting international crimes, including war

crimes, and providing support

to accountability efforts. For instance in

Ukraine,

the EU

supports investigations of war crimes, including the unlawful transfer and deportation of

children, by providing financial contributions and strategic expert support to the Prosecutor

General’s Office of Ukraine.

539

Ogbu, T., et al., Human insecurity and child deaths in conflict: evidence for improved response in Yemen,

International

Journal of Epidemiology,

51 (3), 2022, p. 847-857.

108

c (2024) 2680 - Ingen titel

Annex 1 to the Staff Working Document: Synopsis of stakeholder consultation

Open public consultation (OPC) and call for evidence (CfE) on ‘Have your say’

portal

540

During the preparation of the proposal, and in line with the principles set by the better

regulation guidelines, the Commission collected feedback through a CfE and an OPC that ran

from 14 July to 20 October 2023. The Commission received a total of 58 valid contributions to

the CfE, 51.72% of which came from civil society organisations. In addition, the OPC

questionnaire received 92 responses. Of these, 37% came from NGOs, while 18.5% came from

public authorities.

2. Consultations with children

For the first time under the new

EU Children’s Participation Platform

541

, 1 095 children

from 21 Countries were consulted from May to October 2023 to inform this Commission

Recommendation. For the first time, the platform was used to gather children’s views on an

EU initiative. The consultations with children, including an online survey and focus groups,

ran from May to October 2023. Children from across the EU gave their feedback on how adults

can work together to support children’s rights to be safe from harm, and how the EU can make

sure that children are protected. These consultations were designed to provide a meaningful,

inclusive and safe space for children to share their ideas

542

. Survey findings are integrated into

various sections of this staff working document based on their thematic scope.

At the

Spanish Presidency event on child participation

in September 2023, children from

across the EU raised their voices on their priorities, including on child safety

543

In 2023, almost 4 000 children shared their opinions on human rights in a global children’s

survey, facilitated by the

United Nations Human Rights Office,

Child Rights Connect, and

partner organisations. Children issued a call to action (Children’s

vision for human rights),

urging the UN to increase collaboration with them at various levels, expand outreach to include

more children, ensure equitable participation, provide human rights information and training,

offer financial and technical support, and strengthen local human rights knowledge and

awareness for the accelerated realisation of human rights for all

544

More than 9200 children aged between 10 to 18 replied to the online survey

‘Our Rights. Our

Future. The Europe We Want.’

about the future of Europe and child rights that was launched

by ChildFund Alliance, Eurochild, Save the Children, SOS Children’s Villages, UNICEF and

the Child and Youth Friendly Governance Project in 2023. A Child Advisory Board, consisting

of ten children from six European countries, co-designed the questionnaire and presented the

results of the consultation to European Union decision-makers and launched an

#VoteForChildren campaign at the European Parliament on 19 April 2024. Based on the

results, the EU should prioritise efforts on education, mental health, combating bullying and

Have your say – Public Consultations and Feedback.

EU Children’s Participation Platform, see note 14 p. 4.

542

Based on the Lundy model of child participation: Queen’s University Belfast,

Enabling the meaningful participation of

children and young people globally: the Lundy model. See

also

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

543

Raising Our Voices - Children’s Conclusions and Recommendations to the Spanish Presidency of the Council of the

European Union,

see note 217 p. 35.

544

OHCHR,

Children's Vision for Human Rights,

2023.

540

541

109

c (2024) 2680 - Ingen titel

violence against children, creating more jobs or study opportunities and addressing war and

conflicts

545

3. FRA mapping of child protection systems across Members States

At the request of the Commission, the European Union Agency for Fundamental Rights (FRA)

carried out a systematic and comprehensive mapping of legislation, policies and programmes

on child protection in all Member States in 2023. This work represents an update of the

mapping of child protection systems in the EU carried out in 2014. It is published on the FRA

website

546

together with the 27 national reports of the FRA’s multidisciplinary research

network FRANET. These have been reviewed for accuracy by the FRA’s network of national

liaison officers. This update provides an overview of recent developments in child protection

systems in the EU and their current status, paying particular attention to persisting challenges,

but also highlighting achievements and promising practices.

4. Targeted consultations

In addition, the Commission invited stakeholders to provide input through targeted

consultations. These consultations involved the international, EU, national and local level, as

well as Member States and other stakeholders, who were consulted through the EU Network

for Children’s Rights.

European Forum on the rights of the child and EU Network for Children’s Rights

The consultation was launched during the European Forum on the rights of the child on 27-

29 September 2022, opened by Ms Šuica, Vice-President of the Commission for Demography

and Democracy, and Mr Reynders, Commissioner for Justice, gathering Members of the

European Parliament, representatives of the UN, the Council of Europe, Member States,

international organisations, civil society organisations, and children

547

Three meetings of the

EU Network for Children’s Rights

focused on the preparation of this

initiative, gathering representatives of Member States and international and civil society

organisations. On 16 March 2023, discussions focused on the preparation of the initiative, gaps

and best practice; on 26 June 2023, the Commission and the FRA updated Member States; and

on 28 November 2023, the dialogue concentrated on the outcomes of the external consultation

and on the main challenges and good practices in Member States’ child protection systems

identified by the FRA, and it included a rich exchange with Member State and other

stakeholders.

International organisations

This initiative builds on extensive studies, guidance and recommendations published at UN

and international level, promoting integrated social and child protection systems.

At UN level, the

Committee on the Rights of the Child

issued relevant general comments

concerning the protection of children against all forms of violence

548

. Similarly, the

Committee on the Rights of Persons with Disabilities

have adopted guidelines and General

545

546

Our Rights. Our Future. The Europe We Want,

see note 52 p. 9.

Mapping Child Protection Systems in the EU,

see note 15 p. 5.

547

European Forum on the rights of the child 2022,

see note 197 p. 31.

548

UNCRC GC, see note 19, p. 5.

110

c (2024) 2680 - Ingen titel

Comments

549

. The

UN General Assembly

has also adopted relevant resolutions on children’s

rights

550

Notably,

Unicef

published a multisectoral approach to address the multiple vulnerabilities

faced by children and their families, and a global tool to assess the maturity of child protection

systems

551

. This initiative takes into consideration the work of the

UN Special Representative

of the Secretary-General (SRSG) on Violence Against Children

552

, who notably launched

a strategy to end violence against children (2023-2030) together with the United Nations Office

on Drugs and Crime

553

, as well as of the

UN SRSG for Children and Armed Conflict

554

. The

UNHCR

produced extensive guidelines on refugee children, how to correctly determine their

best interests and how to guarantee an appropriate framework for their protection

555

The

WHO

actively promotes child protection through diverse initiatives. These encompass,

for example, the INSPIRE technical package

556

aiding countries in preventing and addressing

violence against children aged 0-17, and active participation in the 1st Global Ministerial

Conference on Ending Violence Against Children

557

(see Section 2.2.3).

The

Council of Europe

addresses the fight against various forms of violence against children

as presented in its Strategy for the rights of the child (2022-2027)

558

. The Council of Europe

published

its Child safeguarding policy

559

, which draws on key European and international

legally binding instruments as well as relevant Council of Europe policies, recommendations

and guidelines, such as the Recommendation on integrated national strategies for the protection

of children from violence

560

; the Guidelines on child-friendly justice

561

; the Recommendation

on strengthening reporting systems on violence against children

562

; the Recommendation on

the participation of children and young people under the age of 18

563

; the Recommendation on

effective guardianship for unaccompanied and separated children in the context of migration

564

;

the Recommendation on age assessment in the context of migration

565

; the Recommendation

on guidelines to respect, protect and fulfil the rights of the child in the digital environment

566

;

the Recommendation on children’s rights and social services friendly to children and

549

Guidelines on deinstitutionalisation, including in emergencies, see note 22 p. 6; GC No. 4, note 327, p. 62; GC No. 5, see

note 339 p. 59.

550

Guidelines for the Alternative Care of Children, see note 340 p. 59.

551

UNICEF,

Integrated Social Protection Systems: Enhancing equity for children,

2012; UNICEF,

Measuring the Maturity of

Child Protection Systems - A guide on how to use the CPSS benchmarks,

2022.

552

UN Special Representative of the Secretary-General on Violence Against Children.

553

United Nations Office on Drugs and Crime,

New strategy to end violence against children launched to break the cycle of

crime and violence,

2023.

554

Office of the Special Representative of the Secretary-General for Children and Armed Conflict.

555

See, respectively, UNHCR,

Guidelines on Refugee Children,

1988; UNHCR,

Guidelines on Determining the Best Interests

of the Child,

May 2008 and UNHCR,

A Framework for the Protection of Children,

26 June 2012.

556

Seven strategies for Ending Violence Against Children,

see note 325 p. 56.

557

1st Global Ministerial Conference on Ending Violence Against Children, see note 326 p. 56.

558

Council of Europe Strategy for the rights of the Child, see note 23, p. 6.

559

Council of Europe,

Child safeguarding policy - Children’s Rights Division,

2019.

560

Council of Europe,

Recommendation CM/Rec(2009)10 of the Committee of Ministers to member States on integrated

national strategies for the protection of children from violence,

2009.

561

Council of Europe,

Guidelines of the Committee of Ministers to member States on child-friendly justice, 2010.

562

Recommendation CM/Rec(2023)8, see note 23, p. 6.

563

Recommendation CM/Rec(2012)2, see note 23, p. 6.

564

Recommendation CM/Rec(2019)11, see note 23, p. 6.

565

Recommendation CM/Rec(2022)22, see note 23, p. 6.

566

Recommendation CM/Rec(2018)7, see note 23, p. 6.

111

c (2024) 2680 - Ingen titel

families

567

; the Guidelines on child-friendly health care

568

; and the Recommendation on the

rights of children living in residential institutions

569

The

Council of Baltic Sea States

carried out a mapping of child protection systems in seven

countries in 2021-2022

570

to identify and document key aspects and practices of well-

functioning, accessible and resilient child protection systems that are appropriately structured

and equipped to protect children, including in periods of crisis.

The

Organisation for Economic Co-operation and Development

(OECD) recently

published a report paper

571

taking stock of OECD countries’ recent initiatives to strengthen the

integration of child well-being policies. It documents OECD countries’ experiences of

implementing integrated policy plans for child well-being and child-specific policy tools,

specifically child indicator sets, child impact assessments and child budgeting. Child rights and

child well-being are not equivalent concepts. Child well-being approaches see child rights as

an important tool and as contributors to the broader framework for improving children’s lives.

Civil society organisations and other contributions

Civil society organisations (see list below) responded to the CfE and the OPC. Some were also

invited to share their views during the EU Network on chidren’s rights. They shared

information on challenges in child protection, both within and outside the EU, as well as

shortcomings in and ways to improve existing EU instruments in various sectors related to

child protection systems. They also brought in the voice of those children for and with whom

they work.

With regard to child protection systems, representatives of academia provided input on the

impact of EU action. In addition, they provided evidence deriving from working directly with

children in child-led research projects.

Inter-institutional consultation

In its 2021 Resolution on children’s rights

572

, the

European Parliament

stressed the

importance of developing and strengthening integrated national and transnational child

protection systems, equipped with resources, implementation and monitoring schemes. On

21 November 2023, the European Parliament issued Resolutions

573

on ‘Children first’ and on

reducing inequalities and promoting social inclusion in times of crisis for children and their

families. Notably, the second one calls on the Member States to develop, strengthen and

implement integrated prevention and protection systems for children and other victims with a

view to eradicating violence, abuse, exploitation and negligence. It underlines that these

systems should be developed in cooperation with all relevant public services (including schools

and health institutions), enabling a rapid response that protects and empowers children and

promotes their best interests. It calls on the Member States to pay particular attention to

violence among children, including cyber-violence and bullying, as well as to exchange best

567

568

Recommendation CM/Rec(2011)12, see note 23, p. 6.

Guidelines on child-friendly health care, see note 23, p. 6.

569

Recommendation CM/Rec(2005)5, see note 23, p. 6.

570

Council of the Baltic Sea States,

Building Trust and Resilience: Child Protection Systems in the Baltic Sea Region,

2023.

571

OECD,

Integrated Policy Making for Child Well-being: common approaches and challenges ahead,

2023.

572

European Parliament resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child

(2021/2523(RSP)).

573

‘Children first – strengthening the Child Guarantee, two years on from its adoption’, 2023/2811(RSP), see note 253 p. 40;

‘Reducing inequalities and promoting social inclusion in times of crisis for children and their families’, see note 8 p. 3.

112

c (2024) 2680 - Ingen titel

practice in this area, in order to develop efficient responses to prevent negative consequences

on children. It also stresses the importance of a multisectoral approach.

Members of the European Parliament were invited to the European Forum on the rights of the

child in September 2022. The Office of the European Parliament Coordinator on children’s

rights and the Intergroup on Children’s Rights were invited to meetings of the EU Network for

Children’s Rights.

The

Council

Conclusions on the EU strategy on the rights of the child

574

called upon Member

States to take an integrated approach to child protection, such as by strengthening cooperation

and coordination between all relevant authorities and stakeholders, increasing Member States’

efforts to prevent and combat all forms of violence against children, and by taking an integrated

approach to migration and child-friendly justice procedures. The Council Conclusions on

digital empowerment to protect and enforce fundamental rights in the digital age notably

invited Member States to raise awareness, in a language adapted to children, of the importance

of protecting their privacy and personal data in the digital world, and to adopt the necessary

measures to provide specific protection and/or digital skills tailored to their needs.

Member

State

representatives were consulted during three meetings of the EU Network for Children’s

Rights, in March, June and November 2023. The Spanish Presidency issued a Declaration on

promoting the fight against child poverty leaving no child behind, calling for strengthening and

developing integrated child protection systems putting children’s needs at the centre.

The

Committee of the Regions

(CoR) drafted its Opinion

Empowering Local and Regional

Authorities in Integrated Child Protection Systems

575

. The CoR reiterated its full support to the

EU strategy on the rights of the child and urged the competent authorities in the Member States

to set up effective and accessible protection services for children and young people that

prioritise safe and inclusive environments, preventive measures, early intervention, and support

for vulnerable families. It underlined that protective measures should fully comply with the

principle of subsidiarity. They should be context-specific, child-centred and implemented at

the most appropriate level of governance. Additionally, the CoR stressed the need for child-

friendly justice systems with inclusive procedures to ensure children’s right to be heard, and

pointed out that child welfare should guide all policies as well as all measures at local, regional,

national and international level.

574

575

Council conclusions on the EU strategy on the rights of the child, see note 6 p. 3.

Empowering Local and Regional Authorities in Integrated Child Protection Systems, see note 9 p. 3.

113

c (2024) 2680 - Ingen titel

List of stakeholders who submitted feedback by responding to the OPC and CfE

Stakeholder name

Ministry of Digital Affairs

City of Helsinki

Brasov County Council

Departmental Council of Yvelines

Ministry of Justice

General Directorate of Families, Children and Conciliation of Spain

Teleorman County Council

Zagreb City Assembly

State Agency for Child Protection

Foster care and adoption service of Valencia (Foster Care and Adoption

Service. Directorate General of Family, Childhood and Adolescence and

Demographic Challenge. Department of Social Services, Equality and

Housing. Generalitat Valenciana)

Ministry of Social Affairs of Saxony

Ministry of Welfare of the Republic of Latvia

Provincial Brigade for Foreigners and Borders

Tusla – Child and Family Agency Ireland

General Hospital of Grevena

Social Welfare Directorate of Mizil

DGASPC (General Directorates of Social Assistance and Child Protection)

Primary School of Băicoi

Intelligence Centre against Terrorism and Organised Crime

DGASPC (General Directorates of Social Assistance and Child Protection)

of Suceava

Amber Alert Europe

SKR (Swedish Association of Local Authorities and Regions)

Federal Chamber of Psychotherapists (BptK)

Public Justice Service

Prevention and Early Intervention Network

General Hospital

National education

Coordinating Committee of Professionals for the Prevention of Abuse

(CoPPA Spain)

SOS Children’s Villages International

Eurochild

Child Circle

European Guardianship Network (EGN)

European Centre for Law and Justice (ECLJ)

Children of Prisoners Europe (COPE)

European Social Network

The Franz Weber Foundation

NePornu, z.s.

114

Country

Poland

Finland

Romania

France

Spain

Romania

Croatia

Bulgaria

Spain

Germany

Latvia

Spain

Ireland

Greece

Romania

Spain

Romania

Netherlands

Sweden

Germany

Spain

Ireland

Greece

France

Switzerland

Belgium

Netherlands

France

Belgium

Switzerland

Czechia

c (2024) 2680 - Ingen titel

ARSIS – Association for the Social Support of Youth

Autism-Europe

Integrum Institute

Family Union Czech Republic

freeindeed e.V.

PICUM - Platform for International Cooperation on Undocumented

Migrants

Digital Opportunities Foundation

European Disability Forum

Hope and Homes for Children

European Society for Child and Adolescent Psychiatry (ESCAP)

Safersurfing

Women’s Aid

Brussels for Human Rights and Development

Ordo Iuris Institute for Legal Culture Foundation

Digital Renaissance

euCONSENT ASBL

Missing Children Europe

Unicef

National Commission for the Promotion of the Rights and the Protection of

Children and Young People

Nexem

The Federation of Catholic Family Associations in Europe (FAFCE)

ANAR Foundation (ANAR Foundation for Children and Adolescents at

Risk)

Defence for Children International Belgium

ATD Fourth World (International Movement All Together in Dignity)

Hrabri telefon

ATD Fourth World BE and Wallonia-Brussels

The Smile of the Child

Point of Contact

Defence for Children International Italy

We Give Children Strength Foundation

Professionals For Ethics

Caritas Germany

SOS Children’s Villages Spain

German Association for Public and Private Welfare

Happy Kids Foundation

SOS Children’s Villages France

Council of Bars and Law Societies of Europe (CCBE)

‘Hope For Children’ CRC Policy Center

SOS Malta - Kellimni.com

ISPCC

Latvian Child Welfare Network

Offlimits / Helpwanted

Platform for Children

115

Greece

Belgium

Slovenia

Czechia

Germany

Belgium

Germany

Belgium

Austria

Ireland

Belgium

Poland

France

Belgium

France

Belgium

Spain

Belgium

France

Croatia

Belgium

Greece

France

Italy

Poland

Spain

Germany

Spain

Germany

Poland

France

Belgium

Cyprus

Malta

Ireland

Latvia

Netherlands

Spain

c (2024) 2680 - Ingen titel

APAV - Portuguese Association for Victim Support

Human Rights Educators Network

IAC - Child Support Institute

MeSumaría Association

World Vision Germany

CESIE

MECPATHS

Centre for Missing and Exploited Children Croatia

Match Group

French National Bar Council (CNB)

Know-how Centre for Alternative Care for Children at New Bulgarian

University

THL

EU citizen

116

Portugal

Hungary

Portugal

Spain

Germany

Italy

Ireland

Croatia

Denmark

France

Slovakia

France

Germany

Finland

Czechia

Slovakia

Portugal

Spain

Slovakia

Italy

Austria

Czechia

Spain

Romania

Slovakia

Latvia

Germany

Romania

Portugal

Croatia

Greece

Bulgaria

Sweden

Italy

Finland

Hungary

Spain

Romania

Ireland

Austria

Czechia

Spain

Slovakia

c (2024) 2680 - Ingen titel

EU citizen

Italy

Greece

Portugal

Sweden

Estonia

Cyprus

Ireland

Spain

Germany

Ireland

Greece

Ireland

Belgium

117