Abstract
The European Union (EU) has embraced the promotion of children’s rights, as enshrined in the UN Convention on the Rights of the Child (CRC), as a key objective of its external policy. This chapter critically examines the EU’s role as an international children’s rights actor by assessing the effectiveness of EU external actions aimed at upholding children’s rights. It is demonstrated that children’s rights have emerged as an entrenched EU accession condition, particularly due to the EU’s intervention in child protection in Romania before 2007. The EU has also endeavoured to address the violation of children’s rights via the employment of thematic programmes, such as the European Instrument for Democracy and Human Rights (EIDHR) and Investing in People (IiP), which are part of EU development and democratisation policies. The EU’s external policy on children’s rights, however, has faced shortcomings, such as the promotion of a narrow interpretation (a ‘needs-based’ approach) of children’s rights, ineffective mainstreaming, lack of expertise, and the complexity of translating abstract principles into effective measures. Despite these shortcomings, the EU has emerged as a significant international children’s rights actor, and its actions to advance children’s rights have attached greater salience and political visibility to the plight of children across the world.
The UN Convention of the Rights of the Child and its two Optional Protocols form the core of the EU’s external action on the rights of the child. We will continue to translate our commitments into concrete actions… We will continue to systematically bring up children’s rights issues with our partner countries and within the United Nations, to seek to respond to children’s rights and needs in our development cooperation and to cooperate with civil society (Baroness Catherine Ashton 2010)
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Notes
- 1.
Article 24 of the EU Charter of Fundamental Rights reads:
‘Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests’ (Charter of Fundamental Rights of the EU 2000, p. 13).
- 2.
Author’s interview with Commission official in at DG Enlargement, Brussels, May 2010.
- 3.
Author’s interview with an international child rights expert Commission official at DG Enlargement, Brussels, May 2010.
- 4.
Regulation (EC) No 1905/2006: Establishing a Financing instrument for Development Cooperation.
- 5.
Author’s interview with UNICEF, Brussels. July 2011.
References
Ashton, C. (2010) Statement by high representative Catherine Ashton on the 10th Anniversary of the Optional Protocols to the UN Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts and the Sale of Children, Child Prostitution and Child Pornography, Brussels, A 88/10.
Bartels, L. (2005). Human rights conditionality in EU’s International Agreements. Oxford: Oxford University Press.
Cantwell, N. (1992). The origins, development and significance of the United Nations convention on the rights of the child. In S. Detrick (Ed.), The United Nations convention on the rights of the child: A guide to the ‘Travaux Préparatoires’ (pp. 19–31). Dordrecht/Boston/London: Martinus Nijhoff.
Charter of Fundamental Rights of the EU (2000) Official Journal of the European Communities, C 364/1 18 December.
Council of the European Union (2003) EU Guidelines on Children and Armed Conflict, available at http://www.consilium.europa.eu/uedocs/cmsUpload/GuidelinesChildren.pdf.
Council of the European Union (2007) EU Guidelines for the promotion and the protection of the rights of the child, Available at http://www.consilium.europa.eu/uedocs/cmsUpload/16031.07.pdf.
Council of the European Union (2008) Conclusions on the Promotion and Protection of the Rights of the Child in the European Union’s External Action—The Development and Humanitarian Dimensions, Brussels 2570 the External Relations Council meeting.
European Council (1993) Conclusions of the Presidency, SN 180/93, Copenhagen 21–22 June.
European Commission (2000) Regular Report on Romania’s Progress Towards Accession, available at http://crib.mae.ro/upload/docs/9402_2000_Regular_Report.pdf.
European Commission (2002) Regular Report on Romania’s Progress Towards Accession, available at http://crib.mae.ro/upload/docs/9402_2002_Regular_Report.pdf.
European Commission (2004) Regular Report on Romania’s Progress Towards Accession, available at http://crib.mae.ro/upload/docs/9402_2004_Regular_Report.pdf.
European Commission (2005) Strategic Objectives 2005–2009, COM (2005) 12 final, Brussels 26 January.
European Commission (2006a) Communication from the Commission: Towards an EU Strategy on the Rights of the Child, COM (2006) 367 final, Brussels, 4 July.
European Commission (2006b) Commission Staff Working Document accompanying the Communication from the Commission: Towards an EU Strategy on the Rights of the Child. Impact Assessment, SEC (2006) 888, Brussels, 4 July.
European Commission (2008a) Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: A Special Place for Children in EU External Action, COM (2008) 55 final, Brussels, 5 February.
European Commission (2008b) Commission Staff Working Document. The European Union’s Action Plan on Children’s Rights in External Action, SEC (2008) 136, Brussels, 5 February.
European Commission (2010a) Communication from the Commission to the Council and the European Parliament: Enlargement Strategy and Main Challenges 2010–2011, COM (2010) 660, Brussels.
European Commission (2010b) Staff working document: Combating Child Labour, SEC (2010) 37 final.
Farmer, P. (2003). Pathologies of power: health, human rights, and the new war on the poor. California: University of California Press.
Fortin, J. (2009). Children’s rights and the developing law (3rd ed.). Cambridge: Cambridge University Press.
Grabbe, H. (2003). Europeanization goes east: power and uncertainty in the EU accession process. In K. Featherstone & C. M. Radaelli (Eds.), The politics of Europeanization (pp. 303–327). Oxford: Oxford University Press.
Grabbe, H. (2006). The EU’s transformative power. Europeanization through conditionality in central and eastern Europe. Basingstoke: Palgrave Macmillan.
Grugel, J. (2005). Citizenship and governance in new regionalism: arguments for a social agenda. Third World Quarterly, 26(7), 1061–1076.
Hinton, R. (2008). Children’s participation and good governance: Limitations of the theoretical literature. International Journal of Children’s Rights, 16(3), 285–300.
Hooghe, L. (2012). Images of Europe: how commission officials conceive their institution’s role. Journal of Common Market Studies, 50(11), 87–111.
Iusmen, I. (2012). Romania’s accession to the EU and EU children’s rights agenda: Policy entrepreneurship and feedback effects. Perspectives on European Politics and Society, 13(2), 210–225.
Kilkelly, U. (2005). Strengthening the framework for enforcing children’s rights: an integrated approach. In M. Ensalaco & L. C. Majka (Eds.), Children’s human rights: progress and challenges for children worldwide (pp. 53–80). New York: Rowman and Littlefield Publishers Inc.
Manners, I. (2002). Normative power Europe: A contradiction in terms? Journal of Common Market Studies, 40(2), 235–258.
Melton, G. B. (2008). Beyond balancing: toward an integrated approach to children’s rights. Journal of Social Issues, 64(4), 903–920.
Miller, V. (2004). The human rights clause in the EU’s external agreements. House of Commons Library Research Paper, 4(33), 1–79.
Pogge, T. (2003). Priorities of global justice. In D. Held & A. McGrew (Eds.), The global transformations reader (pp. 548–558). Cambridge: Polity Press.
Post, R. (2007). Romania: for export only. The untold story of the Romanian ‘Orphans’. Amsterdam: Hoekstra.
Powell, S. J., & Perez, P. C. (2011). Global laws, local lives: impact of the new regionalism on human rights compliance. Buffalo Human Rights Law Review, 17(1), 117–153.
Ruxton, S. (2005) How about us? Children’s Rights in the European Union. Next steps, available at http://www.crin.org/docs/Ruxton%20Report_WhatAboutUs.pdf.
Schimmelfennig, F., & Sedelmeier, U. (Eds.). (2005). The Europeanization of Central and Eastern Europe. Ithaca, London: Cornell University Press.
Sedelmeier, U. (2006). The EU’s role as a promoter of human rights and democracy: enlargement policy practice and role formation. In O. Elgström & M. Smith (Eds.), The European Union’s roles in international politics. Concepts and analysis (pp. 118–135). London, New York: Routledge.
Sjursen, H. (Ed.). (2006). Questioning EU enlargement. Europe in search of identity. London, New York: Routledge.
Stalford, H. A., & Drywood, E. (2009). Coming of age?: Children’s rights in the European Union. Common Market Law Review, 46(1), 143–172.
Tarrow, S. (2001). Transnational politics: contention and institutions in international politics. Annual Review of Political Science, 4(1), 1–20.
UNICEF (2011) The State of the World’s Children, New York, February
Vandenhole, W. (2011). Children’s rights in EU external action: beyond charity and protection, beyond instrumentalisation and conditionality. International Journal of Children’s Rights, 19(3), 477–500.
Woodhouse, B. (2000). ‘Children’s rights’, University of Pennsylvania Law School. Public and Legal Theory Research Papers, 16(1), 1–32.
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Iusmen, I. (2013). The EU and the Global Promotion of Children’s Rights Norms. In: Boening, A., Kremer, JF., van Loon, A. (eds) Global Power Europe - Vol. 2. Global Power Shift. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32416-1_19
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