EUROPEAN COMMISSION
Strasbourg, 23.4.2024
COM(2024) 188 final
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
Putting Children's Interests First: A Communication accompanying the Commission Recommendation on Integrated Child Protection Systems
“Children’s voices should be empowered more, and this could encourage other children not to hide their problems” (Contribution of a child from Lithuania 1 )
PROTECTING CHILDREN IN EUROPE AND BEYOND, AS AN EU PRIORITY
In many respects, the lives of children in the European Union and globally have improved over the past decades. This also is thanks to increased prosperity, better healthcare and improved access to education. As we face a rapidly changing world, from the adverse effects on children of the pandemic, inequalities, discrimination, conflicts or climate change, and in the virtual world, we took action to continue to uphold and further strengthen the rights and quality of children’s lives in the EU and beyond. The EU, its European and international partners, and civil society organisations have worked together to leave no child behind as we tackle these challenges and harness the opportunities of the green, digital and demographic transitions.
Over recent years, the Commission has put in place a robust and comprehensive legal, policy and support framework with clear commitments to step up the protection, promotion and fulfilment of children’s rights, notably through the adoption of the comprehensive EU strategy on the rights of the child 2 (‘EU Strategy’) and the European Child Guarantee 3 in March 2021. Under the EU Strategy, a number of measures are implemented together with the Member States, including measures against online and off-line child sexual abuse and exploitation 4 and actions to tackle child poverty and socio-economic exclusion for children in need, including those with disabilities or of minority and migrant background. Measures have also been taken to better adapt justice systems to children's needs as victims, suspects, accused or convicted persons, witnesses or as other parties to legal proceedings. Furthermore, the Commission has developed measures to improve mental health and well-being of children. Meaningful child participation and consultation, including through the Children’s Participation Platform 5 has been a hallmark of the EU Strategy, and it is becoming a recognised practice in the EU and beyond.
The EU Strategy also includes a strong external dimension with the EU stepping up its work to promote, protect, fulfil and respect the rights of the child globally, eradicating child labour, fighting child marriage, investing considerably in education around the globe, and protecting from all forms of violence, abuse and neglect, including in humanitarian context. The EU is also fostering child and youth participation at the global level through the Youth Action Plan in External Action 6 . The EU guidelines on children and armed conflict 7 are being revised to prevent, respond and end harmful practices against children affected by armed conflicts .
While significant progress has been made, violence against children remains a challenge both inside and outside the EU, at many levels. Ending all forms of violence against children, including by developing and strengthening integrated child protection systems, is both a moral and a legal imperative. It is furthermore a strategic investment in the future of our societies.
PROTECTING CHILDREN: AN IMPERATIVE AND A STRATEGIC INVESTMENT IN SOCIETY
Violence can take many forms and include all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, physically, online, or in virtual worlds. Such violence includes domestic violence, human trafficking, sexual abuse, gender-based violence, including female genital mutilation and child marriage, as well as all forms of bullying and corporal punishment. Children are also exposed to discrimination and intolerance, including in their digital life 8 . In 2021, 114 children were the victims of intentional homicide across the EU 9 . It is estimated that 20% of children in Europe suffer some form of sexual abuse during their childhood 10 . In a recent survey of violence against women, up to 13.7% of adult women reported at national level to have experienced sexual violence in childhood 11 , although this share might even be higher, since disclosure rates are unfortunately lower than the reality. It is estimated that 190,000 girls across the EU are at risk of being forcibly subjected to genital mutilation 12 . Suicide is the second leading cause of death among young people (15 to 19 years old) 13 . 13% to 29% of children (15-years old) reported being frequently bullied in different Member States 14 .
Violence against children also has an economic cost estimated at up to 8% of global GDP, amounting to around EUR 6.5trillion, as it slows economic development, increases socioeconomic inequality, stifles economic growth, and reduces per capita income 15 . By devoting resources to early childhood programmes, this can yield a return on investment at least four times higher than the original outlay 16 . The annual loss of human capital from mental disorders of children and young people is estimated at EUR 54.2billion in Europe 17 . Childhood socio-economic disadvantage also bears large costs for societies, totalling on average the equivalent of 3.4% of GDP in the EU 18 . Investing in child protection and violence prevention therefore also yields high economic returns and long-term cost savings.
Children themselves ask to be empowered, and speak out about their issues, their lives. They are rights holders and agents of change in the here and now and are eloquent in their calls on adults for action to respond to their needs. As experts in matters concerning them, children rightfully demand “Nothing for us without us”. In accordance with Article 12 of the UN Convention on the rights of the Child (‘UN Convention’) and the Charter of Fundamental Rights of the European Union (‘the Charter’), children’s voices and needs are central to the Recommendation on integrated child protection systems. More than 1,000 children were consulted on their protection needs through the EU’s new Children’s Participation Platform.
TOWARDS INTEGRATED CHILD PROTECTION SYSTEMS
Protecting children from all forms of violence is a core EU objective. It is also intrinsically linked to the prevention of violence, to ensure children’s well-being and respect of their rights. Article 3(3) of the Treaty on European Union (‘TEU’) establishes the objective for the Union to promote the protection of the rights of the child. Article 24 of the Charter provides that children shall have the right to such protection and care as is necessary for their well-being, and that in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. Child protection is also a key objective of the UN Convention and of the 2030 Agenda for Sustainable Development for every child to live free from fear, neglect, abuse and exploitation. The staggering statistics and evidence of the broad range of child abuse, violence, and neglect across the EU, including the toll of the pandemic, the repercussions of the war of aggression against Ukraine and a spike in global armed conflicts, are a call for further action.
The Commission therefore presents a Recommendation 19 to Member States to further develop and strengthen their child protection systems to make them more integrated to better address children’s needs for protection from any form of violence and to promote child protection as a global priority of the Union.
Child protection is a whole of society and cross sectorial issue. The responsibility for child protection is shared among a wide range of actors, which include public authorities, private actors, international and civil society organisations. The wide variety of tools at the disposal of Member States, and at Union level (legislation, policies and funding) and across all levels of governance, can help make child protection systems more integrated and robust. Coordination mechanisms across Member States are needed to ensure effective multi-disciplinary responses across ministries or across different layers of competences. It is essential that actors assume clearly defined roles and ensure close coordination. The availability and coordination of human and financial resources is also a challenge. Based on this, more efficient and integrated child protection systems are clearly needed.
A whole of society approach to child protection is a tangible and strategic long-term investment, also in the context of the longevity society that is developing before our eyes. It will substantially contribute to fairer, more equal, and just societies, underpinned by intergenerational equity and solidarity for present and future generations.
Building on the calls by the European Parliament 20 , the Council 21 and the European Committee of the Regions 22 , the Recommendation presented by the Commission to the Member States reaffirms the Commission’s commitment to strengthen child protection across the EU and beyond. It supports and calls upon Member States to assess, strengthen, and integrate their child protection systems, drawing on best practices and utilising EU-level tools such as legislation, policy measures, and funding. The Commission also calls on the European Parliament and the Council to take this Recommendation into account in their future deliberations, and on the Committee of the Regions and the European Economic and Social Committee to promote dialogue with local and regional authorities and civil society. In all those actions, the best interests of the child should always remain a primary consideration.
EUROPEAN COMMISSION
Strasbourg, 23.4.2024
COM(2024) 188 final
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
Putting Children's Interests First: a Communication accompanying the Commission Recommendation on Integrated Child Protection Systems
ANNEX
Key Union Acquis, key policy documents and funding relevant to child protection systems
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This document provides an overview 1 of legal acts of the Union, Union policy and financial instruments related to child protection systems. All legal and policy document are hyperlinked. |
1.Primary law
Treaty of the European Union (2016/C202/13) - particularly Article 3(3) and Article 3(5)
Treaty on the Functioning of the European Union (2016/C202/47) - particularly Article 9 (on fight against social exclusion, a high level of education, training and protection of human health), Article 10 (non-discrimination), Article 79 (migration), Article 81 (judicial cooperation in civil matters), Articles 82 and 83 (judicial cooperation in criminal matters), and its part two (‘Non-Discrimination and Citizenship of the Union’)
Charter of Fundamental Rights of the EU (2016/C202/389) - particularly Article 24 (the rights of the child), as well as Article 7 (right to family life), Article 8 (protection of personal data), Article 14 (right to education), Article 21 (non-discrimination), Article 32 (prohibition of child labour) and Article 33 (family and professional life)
2.Horizontal policy documents on the Rights of the Child
Commission Communication on the strategy on the rights of the child (COM/2021/142 final)
Commission Communication on an EU Agenda for the rights of the child (COM/2011/60 final)
Commission Communication Towards an EU strategy on the rights of the child (COM/2006/367 final)
Council Conclusions on the EU Strategy on the Rights of the Child (10024/22)
European Parliament Resolution on children’s rights in view of the EU Strategy on the rights of the child (2021/2523(RSP))
3.Putting the child at the centre
3.1.Inclusive child protection systems
3.1.1.Social inclusion
Commission Recommendation on the European Pillar of Social Rights (2017/761/EU)
Commission Recommendation on Investing in children: breaking the cycle of disadvantage (2013/112/EU)
Commission Communication on the European Pillar of Social Rights Action Plan (COM/2021/102 final)
Commission Communication establishing a European Pillar of Social Rights (COM/2017/250 final)
Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C428/09)
3.1.2.Racial or ethnic origin, including Roma
Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law (2008/913/JHA)
Council Recommendation on Roma equality, inclusion and participation (2021/C 93/01)
Commission Communication on the EU Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030) (COM/2021/615 final)
Commission Communication A Union of Equality: EU anti-racism action plan 2020-2025 (COM/2020/565 final)
Commission Communication A Union of Equality: EU Roma strategic framework for equality, inclusion and participation (COM/2020/620 final)
3.1.3.Disabilities
Commission Communication on a Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 (COM/2021/101 final)
3.1.4.LGBTIQ
Commission Communication on a Union of Equality: LGBTIQ Equality Strategy 2020-2025 (COM/2020/698 final)
3.1.5.Gender equality
Commission Communication on a Union of Equality: Gender Equality Strategy 2020-2025 (COM/2020/152 final)
3.1.6.Youth
Council conclusions on the implementation of the EU Youth Strategy (2019-2021) (14427/21)
Council Resolution on a framework for European cooperation in the youth field: The European Union Youth Strategy 2019-2027 (2018/C456/01)
3.1.7.No place for hate
Joint Communication to the European Parliament and the Council on No place for hate: a Europe united against hatred (JOIN/2023/51 final)
3.2.Children’s safety needs in physical environment and online
3.2.1.Safety in physical environment
Regulation establishing a common organisation of the markets in agricultural products (2013/1308/EU)
Directive on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (2020/1828/EU)
Directive concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC and Regulation (EC) No 2006/2004 (2005/29/EC)
Directive on general product safety (2001/95/EC)
Council Directive on unfair terms in consumer contracts (93/13/EEC)
Council Recommendation on smoke-free environments (2009/C296/02)
Commission Communication fon a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final)
Commission Communication on a long-term Vision for the EU’s Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040 (COM/2021/345 final)
Commission Communication on New Consumer Agenda Strengthening consumer resilience for sustainable recovery (COM/2020/696 final)
Commission notice Guidance on the interpretation and application of Directive 2011/83/EU on consumer rights (2021/C525/01)
Commission notice Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts (2019/C323/04)
Code of conduct on countering illegal hate speech (2016)
3.2.2.Online safety
Regulation on a Single Market for Digital Services (2022/2065/EU)
Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (2016/679/EU).
Directive establishing the European Electronic Communications Code (2018/1972/EU)
Directive on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (2010/13/EU), as amended by Directive 2018/1808 in view of changing market realities (2018/1808/EU)
Commission Communication on a Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+) (COM/2022/212 final)
3.3.Children’s integrity and mental health
Directive on combating the sexual abuse and sexual exploitation of children and child pornography (2011/93/EU)
Directive on preventing and combating trafficking in human beings and protecting its victims (2011/36/EU)
Council Recommendation on strengthened cooperation against vaccine-preventable diseases (2018/C466/01)
Commission Communication on a comprehensive approach to mental health (COM/2023/298 final)
Commission Communication on the European care strategy (COM/2022/440 final)
Commission Communication on an EU Strategy on Combatting Trafficking in Human Beings 2021-2025 (COM/2021/171 final)
Commission Communication on Europe’s Beating Cancer Plan (COM/2021/44 final)
Commission Communication on an EU strategy for a more effective fight against child sexual abuse (COM/2020/607 final)
Commission Communication towards the elimination of female genital mutilation (COM/2013/833 final)
Commission Communication on an EU strategy to support Member States in reducing alcohol related harm (COM/2006/625 final)
4.Integrated Child Protection Systems
4.1.A continuity of comprehensive and coordinated services
Council Recommendation establishing a European Child Guarantee (2021/1004/EU)
Council Recommendation on High quality early childhood education and care systems (2019/C189/02)
Council Recommendation on early childhood education and care: the Barcelona targets for 2030 (2022/C484/01)
Commission Decision on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (2007/116/EC), subsequently amended and Directive establishing the European Electronic Communications Code (2018/1972/EU)
Commission Communication on Early childhood education and care: providing all our children with the best start for the world of tomorrow (COM/2011/66 final)
4.2.Child-friendly justice
Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings (2016/800/EU)
Directive establishing minimum standards on the rights, support and protection of victims of crime (2012/29/EU)
Directive on the right to information in criminal proceedings (2012/13/EU)
Commission Communication on Ensuring justice in the EU - a European judicial training strategy for 2021-2024 (COM/2020/713 final)
Commission Communication on the EU Strategy on victims' rights (2020-2025) (COM/2020/258 final)
5.Children in cross-border situations
5.1.Civil justice
Regulation on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (2020/1783/EU)
5.2.Free movement
Commission Guidance on the right of free movement of EU citizens and their families (C/2023/8500 final)
5.3.Migration
Regulation on the European Border and Coast Guard (2019/1896/ EU)
Regulation on the use of the Schengen Information System for the return of illegally staying third-country nationals (2018/1860/EU)
Directive on laying down standards for the reception of applicants for international protection (2013/33/EU)
Directive on common procedures for granting and withdrawing international protection (recast) (2013/32/EU)
Directive on common standards and procedures in the Member States for returning illegally staying third-country nationals (2008/115/EC)
Directive on the right to family reunification (2003/86/EC)
Commission Communication on an Action plan on Integration and Inclusion 2021-2027 (COM/2020/758 final)
Commission Communication on a New Pact on Migration and Asylum (COM/2020/609 final)
Commission Communication on the protection of children in migration (COM/2017/211 Final)
Commission Communication on EU return policy (COM/2014/199 final)
6.EU global priority
6.1.Eradicating child labour
Commission Communication on decent work worldwide for a global just transition and a sustainable recovery (COM/2022/66 final)
6.2.External action
Joint Statement on the European Consensus on Humanitarian Aid (2008/C25/01)
EU Guidelines on children in armed conflict, updated in 2008
Commission Communication on the EU’s humanitarian action: new challenges, same principles (COM/2021/110 final)
Commission Communication on Education in Emergencies and Protracted Crises (COM/2018/304 final)
Commission Communication on The power of trade partnerships: together for green and just economic growth (COM/2022/409 final)
Joint Communication on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final)
Commission Staff Working Document on education in emergencies in EU-funded Humanitarian Aid Operations (SWD/2019/150 final)
Commission Staff Working Document on Humanitarian Protection: Improving protection outcomes to reduce risks for people in humanitarian crises (SWD/2016/183 final)
Commission Staff Working Document on Gender in Humanitarian Aid: Different Needs, Adapted Assistance (SWD/2013/290 final)
Commission Staff Working Document on Addressing Undernutrition in Emergencies (SWD/2013/72 final)
2014 DG ECHO Gender-Age Marker
DG ECHO Technical Guidance on Protection Mainstreaming Key Outcome Indicator and Monitoring Tool (February 2021)
Commission Communication on Education in Emergencies and Protracted Crises (COM/2018/304 final)
DG ECHO Disaster Preparedness Guidance Note (2021)
6.3.Climate change and environmental hazards
Commission Communication on the European Green Deal (COM/2019/640 final)
Commission Communication on the European Climate Pact (COM/2020/788 final)
Commission Communication on Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final)
Commission Notice Guidelines on Member States’ adaptation strategies and plans (2023/C 264/01)
Regulation establishing the framework for achieving climate neutrality (2021/1119/EU)
7.EU support
Citizens, Equality, Rights and Values (CERV) Programme 2
·Equality, Rights and Gender Equality, including Rights of the Child Call
·Daphne Call
Justice Programme 3 , including the call to support transnational projects on judicial training covering civil law, criminal law or fundamental rights (JUST-JTRA)
Single Market programme (SMP) 4
Internal Security Fund , including the call on child sexual abuse 6 (ISF-2021-TF1-AG-CYBER)
Asylum, Migration and Integration Fund 7
Instrument for Financial Support for Border Management and Visa Policy 8
European Regional Development Fund 10
European Maritime, Fisheries and Aquaculture Fund 13
EU monitoring framework for the European Child Guarantee 14
Technical Support Instrument 15 , including:
· Flagship on Reinforce Democracy and the Rule of Law 16
· Flagship initiative on the Implementation of the European Child Guarantee (YOUTH FIRST Flagship Initiative)
·Flagship on Enhancing reception and accommodation capacity for migrants
Digital Europe Programme 18 : financial report to the Network of Safer Internet Centres and the Better internet for kids (BIK) platform
Erasmus+ programme 19 , including:
· Call for Policy Experimentation projects 2024
· Partnerships for Cooperation under Key Action 2 (KA2)
The Research and Innovation Framework Programmes 20 - Horizon 2020 (2014 – 2020) and Horizon Europe (2021-2027), including:
·Horizon 2020: Societal Challenge 1 – Health, demographic change and well-being 21
·Horizon 2020: Societal Challenge 6 - Inclusive, innovative and reflective societies 22
·Horizon Europe (2021-2027): Cluster 2 - Culture, Creativity and Inclusive Society 23
·Horizon Europe (2021-2027): Cluster 3 - Civil security for society 24
·European Research Council (ERC) 25
8.Relevant International Conventions in the field of the rights of the child
8.1.International Labour Organisation
Convention concerning Minimum Age for Admission to Employment, No 138 (1973)
8.2.Hague Conference on Private International Law
Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
8.3.Other
9.Relevant documents of the European Union Agency for Fundamental Rights (FRA)
Mapping Child Protection Systems in the EU – 2023 update
Guardianship for unaccompanied children - A manual for trainers of guardians
EUAA-FRA Practical Tool for Guardians - Introduction to international protection
EUAA-FRA Practical Tool for Guardians - The asylum procedure
Practical Tool for Guardians - Temporary protection for unaccompanied children fleeing Ukraine
Children in migration: fundamental rights at European borders
Handbook on European law relating to the rights of the child - 2022 edition
Practical guidance for protecting unaccompanied children in the relocation process
Children deprived of parental care found in an EU Member State other than their own
Mapping minimum age requirements concerning the rights of the child in the EU
Guardianship for children deprived of parental care
Handbook on European law relating to asylum, borders and immigration
Child Trafficking in the EU - Challenges, perspectives and good practices