The rights of the child in practice: furthering child-friendly justice in European law

Primary legislation

• Treaty on European Union
• Treaty on the Functioning of the European Union
• Charter of Fundamental Rights of the European Union
• Explanatory Memorandum to the Charter of Fundamental Rights

Secondary legislation

• Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals
• EU Reference Document on unaccompanied children: a compilation of relevant EU laws and policies, Connect Project
• Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA
• Directive 2011/92/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 (13 December 2011)
• Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
• Council of the European Union Framework Decision on combating sexual exploitation of children and child pornography
• Council of the European Union Framework Decision on the standing of victims in criminal proceedings
• Council of the European Union Framework Decision on preventing and combating trafficking in human beings

• General Comment No. 6 (2005) the Treatment of unaccompanied and separated children outside their country of origin
• General comment No. 13 (2011) The right of the child to freedom from all forms of violence
• General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)
• United Nations Convention on the Rights of the Children
• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000)
• International Labour Organization Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999)
• UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime
• General comment No. 10 of the Committee on the Rights of the Child
• General Comment No. 12 (2009) of the Committee on the Rights of the Child - "The right of the child to be heard"
• International Covenant on Civil and Political rights
• International Covenant on Economic, Social and Cultural Rights
• Resolution adopted by the Human Rights Council 18/12 - Human rights in the administration of justice, in particular juvenile justice

• Convention for the Protection of Human Rights and Fundamental Freedoms (1950, ETS No. 5)
• Protocol No.1 to the Convention for the Protection of Human Rights and Fundamental Freedoms
• Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto.
• Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
• Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
• The European Convention on the Adoption of Children (Revised) (CETS No. 202: 27 November 2008/ 2011)
• European Convention on recognition and enforcement of decisions concerning custody of children and on restoration of custody of children (CETS No.: 105)
• Convention on contact concerning children (CETS No.: 192)
• European Convention on the Exercise of Children’s Rights (1996, ETS No. 160)
• European Social Charter (ETS No. 163: 1996/1999)
• Council of Europe Convention on Cybercrime (ETS No. 185)
• Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197)
• Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No.: 210, 2011)
• Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No.: 201)

• 1980 Hague Convention on the Civil Aspects of International Child Abduction
• 1996 Hague Convention on International Child Protection
• 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption
• 2007 Convention on the International Recovery of Child Support and other Forms of Family Maintenance

• EU acquis and policy documents on rights of the child JUST.C1/MT (Last updated January 2015)
• An EU Agenda for the Rights of the Child. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM (2011) 60 final
• COM(2013) 822: Proposal for a directive on procedural safeguards for children suspected or accused in criminal proceedings
• C(2013) 8178: Commission recommendation on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings
• C(2013) 8179: Commission recommendation on the right to legal aid for suspects or accused persons in criminal proceedings
• Communication from the Commission on Delivering an area of freedom, security and justice for Europe's citizens: Action Plan Implementing the Stockholm Programme, COM (2010) 171 final
• Communication from the Commission: Towards an EU Strategy on the Rights of the Child, COM(2006) 367 final

• Report: Child-friendly justice – Perspectives and experiences of professionals on children’s participation in civil and criminal judicial proceedings in 10 EU Member States
• Report: Developing indicators for the protection, respect and promotion of the rights of the child in the European Union

Recommendations

• Recommendation CM/Rec(2011)12 of the Committee of Ministers to member states on children’s rights and social services friendly to children and families
• Recommendation CM/Rec(2009)10 of the Committee of Ministers to member states on integrated national strategies for the protection of children from violence
• Recommendation CM/Rec(2009)5 on measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment
• Recommendation Rec(2008)11 on European Rules for juvenile offenders subject to sanctions and measures
• Recommendation Rec (2006) 13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse
• Recommendation Rec (2006)8 on assistance to crime victims
• Recommendation Rec (2006)2 on the European Prison Rules
• Recommendation No. R (2005)5 on the rights of children living in residential institutions
• Recommendation Rec (2003)20 concerning new ways of dealing with juvenile delinquency and the role of juvenile justice
• Recommendation Rec(2003)5 on measures of detention of asylum seekers
• Recommendation Rec(2002)4 on the legal status of persons admitted for family reunification
• Recommendation Rec(2001)16 on the protection of children against sexual exploitation
• Recommendation Rec (2000)20 on the role of early psychosocial intervention in the prevention of criminality
• Recommendation Rec(2000)11 on action against trafficking in human beings for the purpose of sexual exploitation

Resolutions

• Resolution No. R (77) 33 on placement of children
• Resolution (66) 25 on short-term treatment of young offenders of less than 21 years
• Resolution (78) 62 on juvenile delinquency and social change

Guidelines

• Guidelines on Child-friendly Justice (2010)
• Guidelines on integrated national strategies for the protection of children from violence (2009)
• Guidelines for a better implementation of the existing Recommendation concerning family mediation and mediation in civil matters (CEPEJ (2007) 14)
• Guidelines for a better implementation of the existing Recommendation concerning mediation in penal matters (CEPEJ (2007) 13)
• CM(2005)40 Addendum final, Comments on the Twenty guidelines on forced return
• Commentary to the European Rules for juvenile offenders subject to sanctions or measures

• Stagno v. Belgium 7 July 2009
• Salduz v. Turkey 27 November, 2008
• S.C. v. United Kingdom, No. 60958/00, judgment of 15 June 2004
• V. v. United Kingdom [GC], No. 24888/94, ECHR 1999-I
• T. v. United Kingdom [GC], No. 24724/94, 16 December 1999
• S.P., D.P., and A.T. v the United Kingdom, Application No. 23715/94, judgment of May 20, 1996

• Scozzari and Giunta v. Italy 13 July 2000