Protecting rights of children in parental separation and care proceedings: New Council of Europe recommendations

The Council of Europe’s Committee of Ministers has adopted two new 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. The two Recommendations aim to ensure that the best interests of the child are a primary consideration in all such decisions.

Accompanied by detailed Explanatory Memoranda, 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. During these consultations, children emphasised that parents and professionals should consult and listen to children on matters concerning them, treating them with care and respect.

Developed jointly by the Steering Committee for the Rights of the Child (CDENF) and the European Committee on Legal Co-operation (CDCJ), the adopted 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. (source: coe.int/photo pixabay.com)

Read the Recomendation on parental separation proceedings

Read the Recomendation on care proceedings.

Comments

Post a Comment

Popular posts from this blog

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
Read more

Access to documents: the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled (CJEU)

Image
In its Judgment dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission), the General Court ruled that the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled. By an application based on the Access to Documents Regulation, [1], Matina Stevi, a journalist working for the daily newspaper The New York Times, requested the European Commission to provide access to all text messages exchanged between President Ursula von der Leyen and Albert Bourla, the chief executive officer of Pfizer, between 1 January 2021 and 11 May 2022.  The Commission rejected that application on the ground that it did not hold the documents covered by it. Ms Stevi and The New York Times requested the General Court of the European Union to annul the Commission’s decision.  In its judgment, the General Court upholds the action and annuls the Commission’s decision. The Court re...
Read more

An overview of the regulatory framework on Gambling Services in the European Union

Image
written by Efi Thoma * The European Union (EU) does not have a harmonized, single regulatory framework for betting companies. Instead, the regulation of gambling services, including betting, remains largely within the competence of individual Member States.  This results in a diverse and often fragmented legal framework across the EU. While the EU facilitates some level of cooperation and sets overarching principles, the specifics of licensing, operational requirements, and consumer protection measures vary significantly from country to country. Despite the lack of a unified framework, several key principles and EU-level instruments influence the national regulations of betting companies. More specifically, the Treaty on the Functioning of the European Union (TFEU) guarantees the freedom of establishment and the freedom to provide services within the EU. These fundamental freedoms mean that Member States cannot unjustifiably restrict betting companies legally established in ano...
Read more

Convention for the Protection of the Profession of Lawyer has been opened for signature

Image
The Council of Europe Convention for the Protection of the Profession of Lawyer has been opened for signature on the occasion of the meeting of Council of Europe Foreign Ministers organised in Luxembourg on 13-14 May. This is the first-ever international treaty aimed at protecting the profession of lawyer in a context of increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties. The  Convention  has been signed by Andorra, Estonia, France, Greece, Ireland, Italy, Lithuania, Luxembourg, Netherlands, North Macedonia, Norway, Poland and Sweden. Belgium, Iceland, the Republic of Moldova and the United Kingdom will sign it on 14 May. Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to defend victims of possible human rights violations. Therefore, public confidence in justice s...
Read more

New President of the European Court of Human Rights

Image
The European Court of Human Rights has elected on 28.4.2025 Mattias Guyomar, Judge elected in respect of France, as its new President.  Mattias Guyomar succeeds Marko Bošnjak, Judge elected in respect of Slovenia. He will take up office on 30 May 2025. Read his bio here Furthermore, the Judge elected in respect of Armenia, Vahe Grigoryan, was formally sworn in in the Court's Main Hearing Room on 28.4.2025. Read as well:  Interventions in Justice System and the role of Artificial Intelligence / article by Giorgos Kazoleas, Lawyer in Cyprus
Read more