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  28/01/2022  

Justice and Consumers

Newsletter on the rights of the child

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Wishes for a good, healthy new year to you all!
We are happy to announce that the European Commission has appointed Marie-Cécile Rouillon as its new Coordinator on the Rights of the Child, replacing Valeria Setti. Marie-Cécile will start her work on 16 March and will introduce herself in the next newsletter. Until then, you can count on the rights of the child team to assure continuing service and a smooth transition. In this newsletter we will present an overview of the wealth of activities promoting children’s rights in the EU and beyond in the past months. Many of our readers are also contributors to the activities developed to the benefit of child rights and this newsletter is dedicated to them. Please note that our next newsletter will be dedicated to child participation. So if you have any interesting activity or publication that you wish to share with our audience, please let us know and we’ll be happy to insert it next time. As always, we can be contacted via EC-CHILD-RIGHTS@ec.europa.eu
Message to Stakeholders
Call for Tenders for the Establishment, Management and Coordination of the EU Children’s Participation Platform

The call for tender for setting up the Platform on child participation is now open. Please check the details in the links below and don't miss the deadline: 15 March at 12:00. The purpose of the contract is the establishment, management and coordination of an EU Children’s Participation Platform, including the web content management of the related IT platform. The EU Children’s Participation Platform (CPP) is one of the key actions that the Commission included in the EU Strategy on the rights of the child (2021).

SeeAlso
See also EC Funding and Tender Opportunities
 
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Reminder: Call for expression of interest to participate to selected activities of the EU network for children’s rights

In the 2021 EU Strategy on the rights of the child, the Commission said it would set up a new EU Network for children’s rights. The network will support the implementation, monitoring and evaluation of the EU Strategy on the Rights of the Child. The network will be composed of Member State representatives, and will include in some of its activities, other relevant stakeholders. The activities of the network will include, among others, meetings, study and peer visits, research activities and training activities. Interested organisations are invited to notify their interest by filling the application form. Make sure to register by 7 February 2022 at the latest!

 
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European Commission - Funding
Don't forget: funding opportunities in the area of child rights

The calls for proposals under Citizens, Equality, Rights and Values programmes (Daphne and Rights of the Child) are still open! A dedicated webinar on the CERV-2022-DAPHNE call aimed to prevent and combat gender-based violence and violence against children will take place on 4 February at 10:00 online. Find the link for registration below.

Deadline
Deadline 18/05/2022
SeeAlso
See also Daphne call
Contact
Contact Registration link
 
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Call for Proposals: 16M EUR funding for preventing and combatting CSA

The call for project proposals reflects the priorities of the EU strategy for a more effective fight against child sexual abuse and supports its implementation by providing funding in two areas, improving prevention of child sexual abuse and assistance to victims and developing the capacity to effectively fight child sexual abuse. The call is open for public bodies, non-profit entities and international organisations established in an EU country. Not-for profit, public bodies and international organisations established in a non-EU country can apply as co-applicants (with an EU-located entity in the lead). Private profit-making entities can also apply as co-applicants. The deadline for applications is 24 February 2022. All the information about eligibility criteria, general conditions and application process is available on the webpage:

Deadline
Deadline 24/02/2022
SeeAlso
See also Call for proposals
 
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EU funding opportunity on development of AI tools for classifying CSAM
The call for proposals for developing AI tools and technologies (including classifiers) to identify digital child sexual abuse material (CSAM) has now been launched. The aim is to support the analytical work of law enforcement agencies (LEAs) and INHOPE hotlines through building on existing infrastructures and processes. This project is part of the Commission’s Horizon Europe research and innovation programme. The call will close on Wednesday, 5 April 2022. More information about the call can be found on the Funding & Tender Opportunities Portal.
Deadline
Deadline 05/04/2022
 
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European Commission - Activities
Annual Report on Migration and Asylum 2020
This report maps the most important developments in areas of migration and asylum and covers a wide range of migration and asylum topics including the protection of minors and other vulnerable groups. The report was prepared based on annual national reports on migration and asylum from 25 European Migration Network (EMN) National Contact Points (NCP’s). The COVID-19 pandemic has significantly affected migration trends and management. The number of legal migrants and asylum applicants arriving in the EU in 2020 fell dramatically compared to 2019. Asylum and migration management were affected with many countries using digital systems to process applications. Apart from COVID-19, the protection of asylum seekers and refugees, including minors and vulnerable groups remained an area of development at EU and national level.
 
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Joint Research Centre reports on poverty and mindsets

In July 2021, the Joint Research Centre of the European Commission published the report "Poverty and Mindsets: How poverty and exclusion affect aspirations, hope and decisions and how to address it". The report looks at how being immersed in poverty and social exclusion for a prolonged period may affect how people consider themselves and their future, and how they act in relation to it. This report focuses on a less-studied obstacle – that is, how poverty and exclusion affect behaviour, aspirations, hope and agency, which can all be essential drivers to social mobility. Evidence suggests that the experience of poverty itself seems to contribute to the transmission of poverty to the next generation. The report gathers and summarises findings from behavioural studies, neuroscience, sociological and economic studies. Bringing together these diverse sources and scientific evidence can help to better understand this complex issue, and to identify countermeasures that may effectively address the problem.

 
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International Day of Democracy
The statement takes stock of the progress we have made and where we need to go in order to ensure democracy is protected and respected. In particular, the statement recognizes the role young persons and teenagers are playing in calling for climate action and defending human rights. It highlights the EU Strategy on the Rights of the Child as important in defining concrete actions that must be taken in order to empower children in the EU and across the globe.
 
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Case law
CJEU Judgement in Case C-490/20 V.M.A v Stolichna obshtina, rayon ‘Pancharevo’

On 14 December 2021 the Court of Justice issued an important ruling. The case concerned a child, who was a minor and a Union citizen, whose Spanish birth certificate designated as parents two persons of the same sex. In this case the Member State of which the child is a national - Bulgaria - is obliged to issue an identity card or a passport to that child without requiring a birth certificate to be drawn up beforehand by its national authorities. Th Member State of nationality is also obliged to recognise the document from the host Member State that permits that child to exercise, the child’s right to move and reside freely within the territory of the European Union with each of its parents.

 
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European Court of Human Rights, R.B. v. Estonia, Application no. 2597/16

In this decision the European Court of Human Rights highlights the importance of safeguarding children’s rights during both pre-trial investigations and trial. Safeguards must be in place, which take into account the particular vulnerabilities and needs of a child giving evidence. The ECtHR found Estonia in violation of Article 3 ( Prohibition of Torture) and 8 ( Right to respect of private and family life) of the European Convention on Human Rights (ECHR) as the Estonian justice system failed to take into account the applicants particular vulnerability as a child victim of sexual abuse. The ECtHR referring to international standards found the Estonian procedure violated the ECHR as it did not take into account the particular vulnerability of the child and the corresponding need to afford effective protection of an alleged victim of sexual abuse. The Estonian justice system failed to be child-friendly in its strict application of procedural rules, as it did not provide any exceptions or adaptations for child witnesses. In reaching this conclusion, the court referenced international standards such as the Council of Europe Guidelines on Child Friendly Justice.

SeeAlso
See also Council of Europe Guidelines on Child Fr...
 
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Other EU institutions and agencies - Activities
FRA Fundamental Rights Report 2021

This report reviews major developments in fundamental rights in 2021, identifying both achievements and areas of concern. It presents the Fundamental Rights Agency’s (FRA) opinion on the developments, including a synopsis of evidence supporting its opinions. The report examines the rights of the child in Chapter 8. The report’s focus chapter explores the impact of the COVID-19 pandemic, an unprecedented challenge to fundamental rights. The pandemic affected a wide range of rights and had a disproportionate impact on vulnerable groups. Chapter 8 of the report takes into account the COVID-19 pandemic impact specifically on the rights of the child and the rights of the child in general. In particular, the chapter focuses on COVID-19 exacerbating poverty, children’s rights in asylum and migration, and safeguarding children in judicial proceedings. The pandemic put in danger a number of fundamental rights of children contained in the EU Charter of Fundamental rights, including the right to education ( Article 14) and to the protection and care necessary for children’s well-being ( Article 24). FRA state in their opinions recommend steps to be take both by the European Commission and by member States in order to ensure, the fundamental rights of all children are protected and respected.

 
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Other organisations - Activities
Free online course on runaways – the largest category of missing children in Europe

The course aims to improve understanding of runaways, equip professionals with the ability to detect and respond to behaviour before a child goes missing, and encourage trust between professionals and children upon their return. More details are included below.

 
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My Rights, My Voice: Giving children the opportunity to express their own view on their rights
The EU Delegation to the Council of Europe and the Permanent Representations of Andorra and San Marino, had the pleasure to announce the winners of their joint video contest “My rights, my voice”. On 10th November 2021, in the context of the European Day on the Protection of Children against Sexual Exploitation and Sexual Abuse (18 November) and the World Day on the Rights of the Child (20 November), the five winning videos on the rights of the child were screened at the Palais de l’Europe in Strasbourg.
 
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Alternative Care Training Project concluded
The Alternative Care Training or ACT project (January 2020 – December 2021) is a cooperation of Comissió Catalana d’Ajuda al Refugiat (Spain), International Rescue Committee (Italy) and Lumos Foundation (Bulgaria), coordinated by Nidos (the Netherlands) and is funded by the AMIF programme of the European Commission. ACT aimed to improve (access to) reception in alternative care arrangements for unaccompanied children aged 15-18 with a special focus on Bulgaria, Italy and Spain. The results of the project such as training programmes, situation reports on alternative care in the partner countries and a recommendation report can be found on the ACT webpage.
 
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Training Materials on Access to Justice for Migrants by the International Commission of Jurists
In September last year, the International Commission of Jurists (ICJ) published a set of training materials on access to justice for migrants. These materials are intended to provide background information and support to judges and lawyers when taking decisions on or defending the rights of migrants and refugees. The training materials provide easily accessible and updated set of international legal standards on access to justice for migrants. They include a specific focus on access to justice for migrant children and the protection of migrants’ right to family life.
 
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5Rights Foundation launches new campaign- Twisted Toys- Toying with Children's lives
5Rights Foundation believes that children and young people’s rights must be embedded and upheld in the digital environment, by design and default. Twisted Toys, the new campaign launched by 5Rights Foundation aims to highlight the issues of the digital world for children’s rights using traditional and easily understandable examples. The examples situate the risks children can experience online in the offline world and are given in short, satirical videos. The aim of the campaign is to highlight the dangers and the lack of protection for children in the online world.
SeeAlso
See also 5Rights Foundation
 
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Terre des Hommes publishes "Children in Contact with the Law in Europe: Trends and Opportunities"

This report has found that in 33% of countries in Europe children above the minimum age of criminal responsibility can be prosecuted for offences committed while below the minimum age. The report and its attached country fact sheets present key trends and gaps that children in contact with the law currently face in Europe. The report focuses particularly on some topics including child-specific legislation, procedural safeguards and status offences. It contains a set of recommendations that aim to build skills and knowledge for professionals working with children in criminal proceedings, create child-centered policies and legislative frameworks and invest in robust monitoring of the situation of children in criminal proceedings.

 
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Studies and promising practices
Cycles of Exploitation: The Links Between Children’s Institutions and Human Trafficking
This Global Thematic Review examines the growing evidence of the links between the institutionalisation of children and human trafficking. It highlights how the relationship between the two compounds the harmful nature of both phenomena and offers insight into the global response needed. The report states that it is critical to understand these links so that interventions, advocacy and policies can be put in place to disrupt the systems and processes that negatively impact children’s lives.
 
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Adoption from Care: International Perspectives on Children’s Rights, Family Preservation and State Intervention

Edited by Tarja Pösö, Marit Skivenes and June Thoburn, May 5 2021 This book explores how children’s rights are practised and weighed against birth and adoptive parents’ rights and examines how governments and professionals balance rights when it is decided that children cannot return to parental care. From different socio-political and legal contexts in Europe and the United States, it provides an in-depth analysis of concepts of family, contact, the child’s best-interest principle and human rights when children are adopted from care. Taking an international comparative approach to these issues, this book provides detailed information on adoption processes and shares learning from best practice and research across country boundaries to help improve outcomes for all children in care for whom adoption may be the placement of choice.

 
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This newsletter delivers updates on the rights of the child including information about new funding opportunities, new studies, reports and events.

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