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Too early to celebrate children’s rights in the EU?

Too early to celebrate children’s rights in the EU?

On the 20th anniversary of the UN Convention on the Rights of the Child, is the EU living up to its commitments? Amnesty highlights two areas of concern.

The EU claims to protect the best interests of its youngest residents, with all 27 member states having signed up to the UN Convention on the Rights of the Child. Today, however, exactly two decades after the Convention came into force, the EU is not living up to the core principles of non-discrimination and respect for human rights. As a result, injustice is being done to two of the most vulnerable groups of children in the EU: girls affected by female genital mutilation (FGM) and Roma children.

The plight of Roma in Europe has been repeatedly highlighted this summer, with forced evictions from one EU country to another. In these situations it is the children who fare the worst. Trapped in a cycle of poverty and exclusion, they will continue to live in segregation with little chance to enjoy the same rights as other children. This is especially true when it comes to schooling and education.

Roma children have been found to be inappropriately placed in ‘’special schools’ or classes with mental disabilities, or segregated in Roma-only mainstream schools or classes where they study lower-level curricula in virtual isolation from other students. There is a four-year gap between the curricula in special and ordinary primary schools, which in practice means that 10-year-old children in special primary schools learn only basic literacy skills.

A recent Amnesty International report on the Czech Republic showed that at least 40% of the 30,000 children attending these ‘special’ schools in the country are Roma. The situation is similar in neighbouring Slovakia, where Amnesty International found that Roma children constitute 80% of the pupils in special schools in certain regions. It is therefore essential that the EU focuses on the vulnerability of Roma children in its forthcoming strategy on children’s rights as well as within the framework of its EU2020 strategy.

While the EU has been paying lip service to the issue of protecting Roma children, it is viewing female genital mutilation (FGM) through a narrow lens. FGM is a harmful traditional practice that affects girls as young as a few days old. Three million girls are subjected to this practice every year; put another way, the genitals of 8,000 girls are cut each day.

Originally practiced in 28 countries in Africa as well as parts of Asia, FGM has been encountered by health professionals and police authorities in Europe. Often girls are unknowingly taken to their home countries during school vacations to undergo this procedure. Girls affected by FGM often face severe health complications, some continuing through the rest of their lives. The violence and health complications suffered by young girls significantly hamper their ability to lead a fulfilling life.

The European Commission is considering harmonising legislation on FGM. While this is an important measure to ensure coherence among national laws, Amnesty International believes that a human rights-based strategy must be put in place to guarantee that FGM is prevented and prosecuted and that young girls are protected. Preventive measures must be developed by ensuring professionals in the education and healthcare sectors are trained to identify girls at risk.

In addition, children outside the EU claiming protection on the basis of threat to FGM are not always offered appropriate international protection in the EU. The variation among member states in the recognition of refugee status is endangering girls at risk of FGM. The EU must ensure that asylum procedures, including interview techniques, are gender- and child-sensitive. Girls who have a valid fear of being subjected to FGM must not be asked to return to dangerous environments.

The first step for the EU to take into account the specific needs of vulnerable children is to place them at the forefront of the new EU strategy on the rights of the child (2011-2014). The issues facing young Roma and girls affected by FGM must be taken seriously by the EU before it can rightfully celebrate the Convention on the Rights of the Child.

Nicolas Beger is the director of Amnesty International’s European Institutions Office.

Authors:
Nicolas Beger 
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