European Parliament 2019-2024 Plenary sitting B9-0164/2021 3.3.2021 MOTION FOR A RESOLUTION further to Question for Oral Answer B9-XXXX/2021 pursuant to Rule 136(5) of the Rules of Procedure on children’s rights in view of the EU Strategy on the rights of the child (2021/2523(RSP)) Juan Fernando López Aguilar on behalf of the Committee on Civil Liberties, Justice and Home Affairs RE\1225996EN.docx PE689.035v01-00 EN United in diversityEN B9-0164/2021 European Parliament resolution on children’s rights in view of the EU Strategy on the rights of the child (2021/2523(RSP)) The European Parliament, – having regard to the UN Convention on the Rights of the Child of 20 November 1989, – having regard to the General Comments of the UN Committee on the Rights of the Child1, – having regard to the UN Guidelines for the Alternative Care of Children2, – having regard to the UN Global Study on Children Deprived of Liberty of July 2019, – having regard to the UN policy brief of 15 April 2020 entitled ‘The impact of COVID- 19 on children’, and to the positive response co-led by the EU and the Group of Latin American and Caribbean Countries (GRULAC) and signed by 173 countries, – having regard to the policy response of the Organisation for Economic Co-operation and Development (OECD) of 19 October 2020 entitled ‘What is the impact of the COVID-19 pandemic on immigrants and their children?’, – having regard to the declaration of the Committee of Ministers of the Council of Europe of 1 February 2012 on the rise of anti-Gypsyism and racist violence against Roma in Europe, – having regard to Article 3(3) and 3(5) of the Treaty on European Union, – having regard to the Charter of Fundamental Rights of the European Union, – having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography3, – having regard to the EU directives on procedural rights4, 1 In particular, General Comment No. 5 on general measures of implementation of the Convention on the Rights of the Child; No. 6 on the treatment of unaccompanied and separated children outside their country of origin; No. 10 on children’s rights in juvenile justice; No. 12 on the right of the child to be heard; No. 13 on the right of the child to freedom from all forms of violence; No. 14 on the right of the child to have his or her best interests taken as a primary consideration; No. 15 on the right of the child to the enjoyment of the highest attainable standard of health; and No.16 on State obligations regarding the impact of the business sector on children’s rights. 2 As enshrined in UN General Assembly resolution A/RES/64/142 of 24 February 2010. 3 OJ L 335, 17.12.2011, p. 1. 4 In particular Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, p. 1.), Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on PE689.035v01-00 2/14 RE\1225996EN.docx EN – having regard to the Commission recommendation of 20 February 2013 entitled ‘Investing in children: breaking the cycle of disadvantage’5, – having regard to the International Year for the Elimination of Child Labour 2021 and the Commission’s zero tolerance approach towards child labour, – having regard to the Commission communication of 12 April 2017 on the protection of children in migration6, – having regard to the Council conclusions of 8 June 2017 on the protection of children in migration, – having regard to the Commission communications adopted with the aim of creating a Union of Equality, in line with the Political Guidelines for the next European Commission 2019-20247, – having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020-2025)’8, – having regard to its resolution of 26 November 2019 on children’s rights on the occasion of the 30th anniversary of UN Convention on the Rights of the Child9, – having regard to its resolution of 3 May 2018 on the protection of children in migration10, – having regard to its resolution of 12 February 2019 on the need for a strengthened post- 2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism11, – having regard to its resolution of 17 September 2020 entitled ‘Implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe’12, – having regard to the question to the Commission on children’s rights in view of the EU Strategy on the rights of the child (O-000007 – B9-0000), the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1.), and Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, p. 1.). 5 OJ L 59, 2.3.2013, p. 5. 6 COM(2017)0211. 7 In particular the communications of 24 November 2020 entitled ‘Action plan on Integration and Inclusion 2021-2027’ (COM(2020)0758), of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565), of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020- 2025’ (COM(2020)0152), and of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’ (COM(2020)0698). 8 COM(2020)0258. 9 Texts adopted, P9_TA(2019)0066. 10 OJ C 41, 6.2.2020, p. 41. 11 OJ C 449, 23.12.2020, p. 2. 12 Texts adopted, P9_TA(2020)0229. RE\1225996EN.docx 3/14 PE689.035v01-00 EN – having regard to Rules 136(5) and 132(2) of its Rules of Procedure, – having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs, A. whereas a child is first and foremost a child, regardless of the child’s ethnic origin, gender, nationality, social and economic background, ability, migration or residency status, needs special protection and is entitled to all the rights enshrined in the UN Convention on the Rights of the Child; B. whereas the best interests of the child must be a primary consideration in all actions and decisions concerning them and their physical and mental well-being; C. whereas children have the right to inclusive, affordable early childhood education, care of good quality, and leisure; whereas children, particularly children from disadvantaged backgrounds, have the right to protection from poverty and to specific measures to enhance equal opportunities and combat discrimination and segregation in education; whereas investment in early childhood development brings high returns from an economic and societal point of view; D. whereas before the outbreak of COVID-19, children were twice as likely as adults to be living in extreme poverty13; whereas as a consequence of the pandemic, it is estimated that the number of children living below their respective national poverty lines could soar by as many as 117 million, and approximately 150 million additional children are living in multidimensional poverty14; whereas the current pandemic has further exacerbated inequalities and increased the risk of children falling into extreme poverty, in comparison with the pre-COVID-19 period, when one in four children in Europe was already at risk of poverty; E. whereas up to 1.6 billion children worldwide have been affected by school closures due to the current COVID-19 pandemic and it is estimated that at least 24 million students could drop out of school as a result15; whereas 370 million children worldwide – many of whom are reliant on school meals as a key source of their daily nutrition – have missed 40 % of in-school meals, on average, since COVID-19 restrictions caused classrooms to close16; whereas children, in particular girls and children with disabilities, from socio-economically disadvantaged backgrounds are particularly affected by the impact of school closures and measures that have restricted access to education, both in schools and with distance learning; F. whereas the right to education has been severely impacted by COVID-19; whereas, while education policy remains a competence of the Member States, the COVID-19 pandemic and the inequalities that it has caused in education represent a common challenge that demands a common Union approach, policies and tools; 13 Eurostat news, ‘EU children at risk of poverty or social exclusion’, 5 March 2020. 14 Unicef brochure, ‘Impact of COVID-19 on multidimensional child poverty’, September 2020; https://data.unicef.org/resources/impact-of-covid-19-on-multidimensional-child-poverty/ 15 https://data.unicef.org/topic/education/covid-19/ 16 Unicef Office of Research – Innocenti and the World Food Programme, working paper ‘COVID-19: Missing More than a Classroom. The impact of school closures n children’s nutrition’, January 2021. PE689.035v01-00 4/14 RE\1225996EN.docx EN G. whereas Eurostat17 research shows that 88.3 % of children in the EU in 2018 aged between three years and the minimum compulsory school age received formal childcare, showing the increased need to establish more day care facilities for children as an important tool for the cognitive and social development of children from an early age; H. whereas home schooling is still not an option for more than two thirds of children worldwide because of a lack of internet access; whereas home schooling has highlighted the educational and digital divides in many EU Member States and worldwide, impacting children’s life chances as well as their physical and mental health, and whereas young girls and young people in vulnerable situations and from racialised groups are particularly affected by the digital divide; I.