Strasbourg, 28 May 2025 – Today, the Committee of Ministers has adopted two Recommendations to strengthen the protection of the rights and best interests of the child in parental separation proceedings and in care proceedings.
When parents separate or when a child’s family is unable to provide adequate care, even with appropriate support, authorities are often faced with decisions that have a significant impact on the child and those close to them. The consequences of such decisions can be life-changing and reach well beyond childhood.
Both Recommendations aim to ensure that the best interests of the child are a primary consideration in all such decisions.
These Recommendations provide national authorities with guidance to take into account all circumstances that may be relevant when assessing a child's best interests in proceedings relating to parental separation or care. They also ensure that the substantial and procedural rights of children affected by such proceedings, including the right to be informed and to be heard, are fully implemented, and the principles of rule of law, non-discrimination and timeliness of proceedings are respected.
Children and young people were actively consulted in the preparation of these texts, ensuring that their voices and lived experiences informed the content and approach of both Recommendations.
In addition, practical implementation tools designed for policy makers were prepared for each Recommendation to optimise their implementation in the designing of policies in the areas of parental separation and care proceedings.
Developed jointly by the European Committee on Legal Co-operation (CDCJ) and the Steering Committee for the Rights of the Child (CDENF) these two Recommendations contribute to the strategic direction provided by the Council of Europe Strategy for the Rights of the Child (2022-2027), which defines “child-friendly justice for all children” as a core priority. They are also directly connected with the Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice.
CM/Rec(2025)4 - Recommendation of the Committee of Ministers to member States on the protection of the rights and best interests of the child in parental separation proceedings + Explanatory Memorandum
CM/Rec(2025)5 - Recommendation of the Committee of Ministers to member States on the protection of the rights and best interests of the child in care proceedings + Explanatory Memorandum
