Handbook on European law relating to the rights of the child

1 Handbook . Handbook on European law relating to the rights of the child European Union Agency for Fundamental rights and Council of Europe, 2015. The manuscript for this Handbook was completed in June 2015. Updates will become available in future on the FRA website at , the Council of Europe website at , and on the European Court of Human rights website under the Case-Law menu at Reproduction is authorised, provided the source is acknowledged. Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6 7 8 9 10 11. (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). Photo credit (cover & inside): iStockphoto More information on the European Union is available on the internet ( ). Luxembourg: Publications Office of the European Union, 2015.

2 CoE: ISBN 978-92-871-9917-1. FRA print: ISBN 978-92-9239-917-7 TK-04-15-510-EN-C. FRA web: ISBN 978-92-9239-912-2 TK-04-15-510-EN-N. Printed in Belgium Printed on process chlorine-free recycled paper (PCF). This Handbook was drafted in English. The Council of Europe (CoE) and the European Court of Human rights (ECtHR) take no responsibility for the quality of the translations into other languages. The views expressed in this Handbook do not bind the CoE and the ECtHR. The Handbook refers to a selection of commentaries and manuals. The CoE and ECtHR take no responsibility for their content, nor does their inclusion on this list amount to any form of endorsement of these publications. Further publications are listed on the internet pages of the ECtHR library at , and more resource materials can be found at Handbook on European law relating to the rights of the child Foreword This Handbook on European law relating to the rights of the child is jointly prepared by the European Union Agency for Fundamental rights (FRA).

3 And the Council of Europe together with the Registry of the European Court of Human rights . It is the fourth in a series of handbooks on European law jointly prepared by our organisations. Previous handbooks were dedicated to European law relating to non discrimination law, asylum, borders and immigration , and data protection. We embarked on this new joint project in the context of the celebrations of the 25th anniversary of the United Nations Convention on the rights of the child . which all European states have ratified to shed light on the role of European legal standards in securing the enjoyment by children of their universal rights . Children are full fledged holders of rights . This Handbook thus aims to raise awareness and improve the knowledge of the legal standards that protect and promote these rights in Europe.

4 The Treaty on European Union (TEU) sets forth the Union's obligation to promote the protection of the rights of the child . The Charter of Fundamental rights of the European Union (EU), EU regulations and directives, as well as the jurisprudence of the Court of Justice of the EU (CJEU), have contributed to further determining the protection of the rights of children. In the Council of Europe, a large number of conventions focus on specific as- pects of the protection of the rights of the child , ranging from their rights and safety in cyberspace to the adoption of children. These conventions contribute to enriching the protection granted to children under the European Convention on Human rights and the European Social Charter, including the jurisprudence of the European Court of Human rights (ECtHR) and the decisions of the Euro- pean Committee of Social rights (ECSR).

5 This Handbook is designed for non specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organi- sations responsible for ensuring the legal protection of the rights of the child . We would like to thank Prof. Ton Liefaard, Simona Florescu, JD. Margaret Fine, Prof. Karl Hanson, Prof. Ursula Kilkelly, Dr. Roberta Ruggiero, Prof. Helen Stalford and Prof. Wouter Vandenhole for their contribution in drafting this Handbook . We would also like to thank all those who provided input and support throughout its preparation. Sne ana Samard i Markovi Constantinos Manolopoulos Director General of Democracy Director of the European Union Council of Europe Agency for Fundamental rights 3. Contents FOREWORD 3. ACRONYMS 11. HOW TO USE THIS Handbook 13. 1 INTRODUCTION TO European CHILDREN'S rights LAW: CONTEXT.

6 AND KEY PRINCIPLES 15. Core concepts 17. Key point 17. Scope of European children's rights law 17. child ' as a legal person 17. Background to European children's rights law 19. European Union: development of children's rights law and the areas of protection covered 20. Council of Europe: development of children's rights law and the areas of protection covered 23. European children's rights law and the UN Convention on the rights of the child 26. Key point 26. Role of the European courts in interpreting and enforcing European children's rights 28. The Court of Justice of the European Union 28. The European Court of Human rights 30. European Committee of Social rights 31. 2 BASIC CIVIL rights AND FREEDOMS 33. Freedom of thought, conscience and religion 35. Key points 35. The child 's right to freedom of religion 35.

7 Parents' rights and the freedom of religion of their children 37. Freedom of expression and information 39. Key points 39. Right to be heard 41. Key points 41. Right to freedom of assembly and association 44. Key points 44. 5. 3 EQUALITY AND NON DISCRIMINATION 47. European non discrimination law 48. Key points 48. Non discrimination based on race or ethnic origin 51. Key points 51. Non discrimination based on nationality and immigration status 54. Key points 54. Non discrimination based on age 56. Key point 56. Non discrimination based on other protected grounds 57. Key point 57. 4 PERSONAL IDENTITY ISSUES 61. Birth registration and the right to a name 63. Key point 63. Right to personal identity 65. Key points 65. Establishing paternity 66. Establishing maternity: anonymous birth 68. Establishing one's origin: adoption 68.

8 Identity theft 69. Key point 69. Right to citizenship 70. Key points 70. Identity of children belonging to national minorities 72. Key point 72. 5 FAMILY LIFE 73. Right to respect for family life 75. Key points 75. Right of the child to be cared for by his/her parents 76. Key points 76. Right to maintain contact with both parents 78. Key points 78. Improper removal of children across borders child abduction 86. Key points 86. 6.. 6 ALTERNATIVE CARE TO FAMILY CARE AND ADOPTION 93. Alternative care: general principles 95. Key points 95. Placing children in alternative care 99. Key points 99. Adoption 104. Key points 104. 7 child PROTECTION AGAINST VIOLENCE AND EXPLOITATION 111. Violence at home, in schools or other settings 114. Key points 114. Scope of state responsibility 114. Corporal punishment 118. Sexual abuse 120.

9 Domestic violence and child neglect 122. child exploitation, pornography and grooming 124. Key points 124. Forced labour 124. child trafficking 127. child pornography and grooming 130. High risk groups 132. Key point 132. Children belonging to a minority 132. Children with disabilities 133. Missing children 134. 8 ECONOMIC, SOCIAL AND CULTURAL rights AND ADEQUATE. STANDARD OF LIVING 137. Approaches to economic, social and cultural rights 139. Key points 139. Right to education 141. Key points 141. Right to education of migrant children 144. Right to health 149. Key points 149. Right to housing 154. Key points 154. 7. Right to an adequate standard of living and right to social security 157. Key points 157. 9 MIGRATION AND ASYLUM 161. Entry and residence 164. Key points 164. Age assessment 166. Key points 166. Family reunification for separated children 168.

10 Key points 168. Detention 171. Key points 171. Expulsion 174. Key points 174. Access to justice 178. Key point 178. 10 CONSUMER AND PERSONAL DATA PROTECTION 181. Protection of children as consumers 183. Key points 183. Consumer rights 183. Unfair commercial practices on children 185. Products' safety 185. Clinical trials on children 186. Food intended for infants and young children 187. Toy safety 187. Children and advertising 188. Children and personal data protection 189. Key points 189. European data protection law 189. 11 CHILDREN'S rights WITHIN CRIMINAL JUSTICE AND. ALTERNATIVE (NON-JUDICIAL) PROCEEDINGS 195. Fair trial guarantees 197. Key points 197. Effective participation 202. Access to a lawyer 203. 8. rights of young offenders in relation to detention 205. Key points 205. Forms of detention (substantive and procedural guarantees) 206.