|
Nb. the links provided
give easy access to: the treaty, its chart of signatures, a list of declarations,
communications and reservations, a summary of the treaty, and its explanatory
memorandum. The titles of the conventions are followed by their European
Treaty Series number (ETS/CTS), the year the convention was opened for
signature, and the year it entered into force.
For a brief description of treaty
making see
Conventions/treaties where do they come from?
The core conventions
Convention for
the
Protection of Human Rights and Fundamental Freedoms
(ETS No. 005:
1950/1953) This Convention, known as the European Convention on Human Rights (ECHR), protects civil and political
rights, and contains the core values of the Council of Europe. Article 1 states that the articles of the Convention
should "apply to everyone within their jurisdiction".
Although the
text of the convention makes few
specific references to children, some of its articles have been used by the
European Court of Human Rights and the Commission to protect and promote
children's rights.
The articles
most frequently invoked to protect children are Article 2 (right to life),
Article 3 (prohibition of torture) Article 4 (prohibition of slavery and forced
labour) Article 5 (right to liberty and security), Article 6 (right to a fair
trial) and Article 8 (respect for private and family life). Much of
the Convention case law concerning violence against children has centred on corporal punishment,
but has direct relevance for all violence against children.
European Social Charter
(ETS No. 035: 1961/1965)
The European Social Charter complements the European Convention on Human
Rights in the field of economic and social rights. The Charter
is a major European treaty which secures children's rights and in many
circumstances it guarantees
their rights from birth to adulthood.
Revised European Social Charter
(ETS No. 163: 1996/1999)
The revised Charter is gradually replacing the European
Social
Charter. Many of its provisions have specific relevance to
children, for example Article 16 (right of the family to social, legal and
economic protection) which protects the rights of children as family
members, and Article 11 (right to protection of health).
Rights relating exclusively to
children are:
Article 7 (the right of children and young persons to protection) and
Article 17 (the right of children and young persons to social, legal
and economic protection). Article 17.1 integrates the rights
guaranteed by the UN Convention on the Rights of the Child into the revised
Charter.
The
European Committee of Social
Rights (ECSR) was set up to judge the conformity of national law and
practice with the Charter. It is composed of independent members elected by
the Committee of Ministers for a period of six years.
Under a 1995 protocol, collective complaints procedure
may be lodged to the ECSR by certain international organisations of
employers and trade unions, certain NGOs, and employers' organisations and
trade unions in the country concerned.
The ECSR has broadened the scope of Article 7.10,
which "ensures special protection against physical and moral dangers"
to cover the protection of children against trafficking and the misuse
of information technologies. To learn more, see
the ECSR website.
European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment
(ETS No. 126: 1987/1989)
This convention provides non-judicial preventive machinery to protect
detainees. It is based on a system of visits by the
European Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT).
The committee frequently
visits establishments where young persons are present, such as
young offender institutions, police stations, prisons, social welfare homes,
etc. The CPT has developed standards for the protection of juveniles
deprived of their liberty: see its 9th General Report.
Other conventions on children's
rights
The European Convention on the Adoption of Children (Revised)
(CETS No. 202:
27 November 2008/ ... )
Council
of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse
(CETS No. 201: 2007/....)
This is the first international treaty to criminalise
sexual abuse. Preventive measures include the screening, recruitment and
training of people working in contact with children, making children are aware
of the risks and teaching them to protect themselves, as well as monitoring
measure for offenders and potential offenders. The convention also
establishes programmes to support victims, and sets up
help lines for children. It ensures that certain types of conduct are
classified as criminal offences and criminalises the use of new technologies to
sexually harm or abuse children. To combat child sex tourism, the convention
establishes that individuals can be prosecuted for some offences committed abroad
in legality, when the perpetrator returns to his or her country of
nationality.
Council of Europe Convention on Action against Trafficking in Human Beings
(CETS No. 197: 2005/2008)
This convention recognises that all forms of trafficking
in human beings are a violation of human rights and requires states to
protect its victims, whether men, women or children. It applies to all forms
of exploitation whether sexual, forced labour or services.
Specific
provisions take into account the vulnerability of children and their
need for special protection and assistance.
Convention on Contact concerning Children
(ETS No. 192: 2003/2005)
This convention determines the general
principles to be applied when making or amending contact orders or
agreements and establishes appropriate safeguards and guarantees to ensure
the proper exercise of such contact and the immediate return of the child at
the end of the contact period, in particular in cases of transfrontier
contact.
Convention on Cybercrime
(ETS No.
185: 2001/2004)
The preamble refers to the United Nations Convention on
the Rights of the Child and the International Labour Organization Worst
Forms of Child Labour Convention.
Article 9 refers to offences related to
child pornography and states that parties shall adopt "legislative and other
measures to criminalise various specified uses of computers involving child
pornography".
European Convention on the Exercise of Children's Rights
(ETS No. 160:
1996/2000)
This convention aims to promote
children's rights and protect their best interests. It provides procedural
measures to allow children to exercise their rights, including the
obligation to provide them with the relevant information to do so, in
particular in family proceedings before judicial authorities.
Among the types of family proceedings of special interest for children are
those concerning custody, residence, access, questions of parentage, legal
guardianship, protection from cruel or degrading treatment, etc.
The
Standing Committee set up by the convention (T-ED) considers
questions on its interpretation and implementation, proposes amendments,
and assists national bodies which perform the functions cited in
Article 12.2.
European Convention on the
Legal Status of Children
born out of Wedlock
(ETS No. 085: 1975/1978)
The object of this convention is to assimilate the legal
status of a child born out of wedlock with that of a child born in wedlock,
and contribute to the harmonisation of the states' laws in this field.
European Convention on Recognition and Enforcement of
Decisions concerning Custody of Children and on the Restoration of Custody
of Children
(ETS No. 105: 1980/1983)
This convention aims to provide solutions concerning custody
when parents live in different European states and to ensure the enforcement
of decisions relating to the custody of and access to children.
The
Central Authorities of contracting states (provided for in Article 2) are a
key element in the application of this convention.
|
Print 
Send 
FRANCAIS