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.

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