EUROPEAN CONVENTION ON THE EXERCISE OF CHILDREN'S RIGHTS

Brief Summary

The European Convention on the Exercise of Children's Rights was adopted by the Council of Europe in 1995 and entered into force on July 1, 2000.  As of November, 2005, twenty four countries have signed the convention and ten have ratified.  Each country that has ratified the Convention is required to specify at least three types of family proceedings before judicial authorities to which the Convention will apply, including care procedures and removal and restriction of parental responsibilities. 

Relevant Sections

A. Procedural rights of a child

Article 3 – Right to be informed and to express his or her views in proceedings

A child considered by internal law as having sufficient understanding, in the case of proceedings before a judicial authority affecting him or her, shall be granted, and shall be entitled to request, the following rights:

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b. to be consulted and express his or her views;

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B. Role of judicial authorities

Article 6 – Decision-making process

In proceedings affecting a child, the judicial authority, before taking a decision, shall:

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b.      in a case where the child is considered by internal law as having sufficient understanding:

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o     allow the child to express his or her views;

c.   give due weight to the views expressed by the child.

C. Role of representatives

Article 10

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c.   determine the views of the child and present these views to the judicial authority.

Relevant Links

The Convention: http://conventions.coe.int/Treaty/EN/Treaties/Html/160.htm

Summary of the Convention: http://conventions.coe.int/Treaty/en/Summaries/Html/160.htm

Explanatory Report: http://conventions.coe.int/Treaty/en/Reports/Html/160.htm

List of Signatories and Ratifications: http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=160&CM=8&DF=29/11/2005&CL=ENG

Council of Europe:  http://www.coe.int/Defaulten.asp (General governing body which adopted the Convention)