Inclusion of children’s rights in the internal and external objectives of the new Constitutional Treaty

The European Foundation for Street Children welcomes the inclusion of children’s rights in the internal and external objectives (click here to read Article 3) of the new Treaty establishing a Constitution for Europe (adopted by the 25 European Heads of State and Government in Brussels on 17 and 18 June 2004). The present Treaties do not explicitly mention the protection of children in EU legislation and policies.

Some EU legislative decisions already provide children’s rights protection in specific areas, such as the Council Framework Decision on combating trafficking in human beings or the Framework Decision on combating the sexual exploitation of children and child pornography.

Nevertheless, in view of a systematic mainstreaming of children’s rights in the EU legislation and policies and of a positive impact on national legislations, the inclusion of children’s rights in the internal and external objectives of the new Constitutional Treaty is considered to be an important step forward. This is why EFSC strongly supports it, considering it as a basis in future EU policies for a much stronger anchorage of the protection of the most vulnerable group of children living in the streets. The implications (if ratified) of the Constitutional Treaty on the EU policies concerning children can be referred to the following points: the possible accession of the European Union to the European Convention of Human Rights, the insertion of the Charter of Fundamental Rights into the Constitutional Treaty and the developing EU policies in the field of children’s rights and protection.

The accession of the EU to the Convention , which contains human rights also applicable to children, would ensure an external control of the European Human Rights Court in Strasbourg on the acts and decisions of the European Union’s institutions, including the Luxembourg Court of Justice.

In other words, the insertion of the EU Charter into the Treaty will be binding, both on the European institutions acting in the framework of their respective competences and on the Member States, but only when they act as implementers of Community law. The important point is the legally binding effect of all the provisions inserted in the Charter that are now clearly presented in the text to the public, including Art. 24 that states the rights of the child (click here to read Article 24).

The developing EU policies in the field of children as a consequence of the inclusion of children’s rights in the internal and external objectives of the Constitutional Treaty represent a big political challenge and it is difficult to foresee the consequences. Much will depend on the political pressure put on the European Commission by the European Parliament, the European Council and public opinion to develop the EU legislation in the field of children’s rights. In any case, in future the European institutions will formally have to use the legal competencies in developing policies in this field.

For further information concerning the state of ratification please click on the link to the Commission’s website on the constitution:
http://www.europa.eu.int/constitution/index_en.htm

EFSC supports the YES campaign launched by the European Movement International in order to support the ratification of the Constitution in the European Member States. (For the link to the Yes Campaign website, see
http://www.yes-campaign.net)

---------------------------------------------------------------------------------------------------