December 2012 Report for the Study on Typology and Policy Responses to Child Begging in the EU JLS/2009/ISEC/PR/008-F2 Project Leader Consortium Partners Home Affairs This document has been prepared for the European Commission, however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Save the Children Italy, Romania and Denmark contributed to the research undertaken for this Study and the production of this Report. The Recommendations contained in this Report do not necessarily reflect the position of Save the Children on child begging. This Report was prepared by Claire Healy and Madalina Rogoz (ICMPD). The comparative chapter was prepared by Alina Cibea and the legal analysis by Tatiana Cernei. Project team: Claire Healy (Project Coordinator), Madalina Rogoz (Associate Research Officer), Mike Dottridge (Senior Expert on Child Protection), Antonia Di Maio (Expert on participation and policy development), Mirela Shuteriqi (Research methodology expert/ Legal expert), Leonard Andreescu (Child Protection Expert), Alessandra Cancedda (Sociological expert), and representatives of consortium partners: Astrid Winkler, Judit Almasi, Vibeke Lubanski, Carlotta Bellini and Sarah Di Giglio. Research at national and city level was conducted by the following country experts, who submitted national and local reports for the Study: Albania: Vasilika Laci Austria: Astrid Winkler and Katrin Lankmayer Bulgaria: Dimiter Kyulanov Denmark: Mikael Bjerrum France: Martin Gosset Germany: Dafina Dimitrova Greece: Dimitra Soulele Hungary: Viktoria Sebhelyi Italy: Laura Di Pasquale and Sarah Di Giglio (editor). Kosovo: Artur Marku Poland: Monika Sajkowska Romania: Ciprian Gradinaru Spain: Myriam Perez de Andrada and Valentina Patrini Sweden: Brigitte Suter and Emma Söderman United Kingdom: Nicola Smith Editing and reviewing of FR, DE, ES and UK reports: Alessandra Cancedda Table of Contents O. Introduction 5 1. Methodology and Working Definitions 10 1.1 Methodology for the National-level Research 10 1.2 Methodology for the Local-level Research 11 1.3 Challenges and Mitigating Strategies 16 1.4 Working Definitions 18 1.5 References for Conducting Research with Children 20 1.6 References for Working Definitions 20 2. Typology of Child Begging Situations 21 2.1 Legal and Social Typology 21 2.2 Child Begging According to Begging Activities and Age Groups 27 2.3 Trafficking in Children for the Purpose of Begging and Exploitation through Begging 29 2.4 Child Begging As a (Family) Survival Strategy 30 2.5 Presence Identified of Children Begging of Different Origins in Countries under Study 30 2.6 Estimated Extent of Child Begging in the Fifteen Countries under Study 31 2.7 Classification of Involvement in Begging Activities According to Country 32 2.8 What is the Typology and Why Is it Important? 35 2.9 The Impact of Child Begging on the Establishment of Negative Stereotypes against Specific Communities or Groups 40 3. Coverage of International Instruments of the Recurrent Types of Child Begging Situations 44 3.1 Lex Generalis 44 3.2 Lex Specialis 45 3.3 European Union Law 52 3.4 EU Policy Documents 54 3.5 Selected issue: General Bans on Begging of Any sort 55 3.6 Selected Issue: Exploitation of Child Begging by Parents/Guardians 56 3.7 Selected Issue: Child Begging and Roma 61 3.8 Typology of Child Begging Situations and Legal Categories Covered by International Instruments 62 3.9 Annex: Ratification Status of Key Human Rights Instruments in Countries under Study 66 4. National and Local Responses to Child Begging 74 4.1 Country Section - Albania 74 4.2 Country Section - Austria 91 4.3 Country Section - Bulgaria 107 4.4 Country Section - Denmark 126 4.5 Country Section - France 140 4.6 Country Section - Germany 155 4.7 Country Section - Greece 168 4.8 Country Section - Hungary 182 4.9 Country Section - Italy 196 4.10 Country Section - Kosovo1 216 4.11 Country Section - Poland 230 4.12 Country Section - Romania 246 4.13 Country Section - Spain 256 4.14 Country Section - Sweden 272 4.15 Country Section - UK 287 5. Comparative Analysis of National and Local Responses to Child Begging 302 5.1 Legal Frameworks Regarding Child Begging 302 5.2 Implementation of National and Local Measures to Combat Child Begging 305 5.3 Trends and Patterns 310 6. Identification of Good Practices 312 6.1 Good Practice Spain 313 6.2 Good Practice Poland 314 6.3 Good Practice Austria 315 6.4 Good Practice Austria 316 6.5 Good Practice Sweden 318 6.6 Good Practice Italy 319 6.7 Good Practice Italy 320 6.8 Good Practice UK 320 6.9 Good Practice Denmark 321 6.10 Good Practice Kosovo2 323 6.11 Analysis 324 7. General Conclusions 326 8. Policy Recommendations for EU Action and National Measures 329 1 This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo declaration of independence. 2 This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo declaration of independence. O. Introduction “The life of the begging child is a lonely life – it lacks the happiness of childhood.”1 Child begging is a common sight in cities such as Budapest, Sofia, Paris or Warsaw. It is not so common, and in fact has all but disappeared, in Stockholm, Copenhagen or Vienna. One of the purposes of this report is to examine the reasons behind these differences, in relation to legislation, policy and responses, as well as the characteristics and causes of child begging across Europe. Begging children occupy a place at the lowest echelons of society, come from poor backgrounds, are often badly dressed and badly cared for, and mostly treated as a nuisance by the authorities, rather than as a child protection concern. Their visibility on the streets of European cities casts doubt upon the viability of child protection frameworks and reminds passers-by of the intolerable levels of poverty, inequality, exclusion and child abuse that exist in Europe today. During the last few years, there has been increasing attention in many EU Member States and other European countries on the phenomenon of child begging. Whilst a consensus exists among Member States that child begging needs to be addressed, there has been little evidence thus far on what is the best policy approach. In order to provide a comprehensive understanding and rigorous empirical research on child begging, it is necessary both to conduct research at a national level, and to bring the research down to a local level, to examine the reality of the phenomenon as it affects the children themselves and as it plays out in European localities. Therefore research was conducted first at a national level in 15 European countries – 13 EU Member States and 2 non-EU countries, as well as, in a second phase, in a total of thirty European cities, on the phenomenon of child begging. The Country Sections included in this Report present a complex phenomenon that is by no means homogenous in nature, and involves children of various backgrounds and in different situations. Nevertheless, there are some key features common to a number of cities, setting out the main scenarios that child begging represents. Within the polity of the European Union, even the thirteen Member States under study do not have harmonised laws in this area. For example, a child begging who is considered in certain States as a victim of exploitation or trafficking or simply of the crime of begging with a child may, in accordance with their age, be considered a perpetrator by other States and even arrested for breaking the law. Where begging in general, or aggressive or organised begging in particular, is criminalised according to a national or local law in the city under study, the children involved may be held criminally responsible if they are over 10 years old in the UK (apart from Scotland, where it is 12), 13 years old in France or Greece, or over 15 years old in Poland.2 Furthermore, in the case of children begging without adult accompaniment, it remains unclear as to which law applies, as these children were shown to fall through the gaps of child protection laws in many jurisdictions. Throughout the research, it is clear that it is a particularly complex and problematic situation in terms of legislative, policy and child protection response when a child is being exploited (and sometimes also trafficked) by a parent or guardian, who furthermore may also be being exploited themselves. This comparative report brings together the results of research carried out in thirteen EU Member States (Austria, Bulgaria, Denmark, France, Germany, Greece, Hungary, Italy, Poland, Romania, Spain, Sweden and the UK) and in Kosovo and Albania, forming part of the overall Study on the typology and policy 1 Principal of a Secondary School in the district of Hristo Botev in Sofia, Bulgaria, during interviews conducted for this Study. 2 The legal age of criminal responsibility varies in the countries under study between 10 years (England, Wales and Northern Ireland) and 15 years (Denmark, Poland and Sweden). Note that children aged 14-17 in Spain may be sanctioned, though not under the Criminal Code. 5 responses to child begging in the European Union, which comprises an EU level, a national level and a local level, with desk research and interviews for each of these levels, in order to provide a comprehensive picture of the child begging phenomenon. This report focuses on various aspects of the phenomenon, its characteristics, how it is legislated for and what responses are in place, aiming to sketch out the situation in countries under study, including any recent changes.